WebBasedWealth.com / Hodgkinson Marketing Ltd
WEB SITE TERMS OF USE AGREEMENT
Welcome to the WebBasedWealth.com owned by Hodgkinson Marketing Ltd
WebBasedWealth.com requires that all persons or entities visiting this
Website agree to the following terms and conditions. Please read our Terms
of Use Agreement (the "TOU") carefully before continuing on with your use of
this Website or becoming a Member/Customer of the Website. The Agreement
and/or Terms shall govern the use of the Website and apply to all Internet
traffic visiting the Website. If you do not agree to any of these terms,
then do not use the Website.
1. ACCEPTANCE OF TERMS AND BINDING EFFECT
THIS IS A BINDING AGREEMENT. BY USING AND/OR VISITING THIS WEBSITE
(COLLECTIVELY, INCLUDING ALL CONTENT AVAILABLE THROUGH THE
WebBasedWealth.com DOMAIN NAME, THE "WEBSITE"), YOU ("User," "YOU" OR "YOUR"
) SIGNIFY YOUR ASSENT TO THE TOU, THE WEBSITE'S PRIVACY POLICY, WHICH IS
PUBLISHED AT WWW. .COM AND THE GOODS/SERVICES YOU OBTAIN FROM THE
UTILIZATION OF WEBSITE'S SERVICES AND WHICH ARE INCORPORATED HEREIN BY
REFERENCE. IT IS YOUR RESPONSIBILITY TO REVIEW THE TOU PERIODICALLY. IF AT
ANY TIME YOU FIND THE TOU AND INCORPORATED AGREEMENTS UNACCEPTABLE, YOU MUST
IMMEDIATELY LEAVE THE WEBSITE AND CEASE ALL USE OF THE SERVICES AND THE
WEBSITE. YOU AGREE THAT BY USING THE SERVICES YOU REPRESENT THAT YOU ARE AT
LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS
AGREEMENT.
A. WebBasedWealth.com reserves the right to update the TOU at any time
without notice to User.
B. The right to use WebBasedWealth.com is personal to User and is not
transferable to any other person or entity. User is responsible for all use
of User's Account (under any screen name or password) and for ensuring that
all use of User's Account complies fully with the provisions of this
Agreement. User shall be responsible for protecting the confidentiality of
User's password(s), if any.
C. COMPANY shall have the right at any time to change or discontinue any
aspect or feature of WebBasedWealth.com, including, but not limited to,
content, hours of availability, and equipment needed for access or use.
2. CHANGED TERMS
The most current version of the TOU can be reviewed by clicking on the
"Terms of Use" hypertext link located or published at the bottom of our Web
pages. Hodgkinson Marketing Ltd shall have the right at any time to change
or modify the terms and conditions applicable to User's use of
WebBasedWealth.com, or any part thereof, or to impose new conditions,
including, but not limited to, adding fees and charges for use. Such
changes, modifications, additions or deletions shall be effective
immediately upon notice thereof, which may be given by means including, but
not limited to, posting on WebBasedWealth.com, or by electronic or
conventional mail, or by any other means by which User obtains notice
thereof. Any use of WebBasedWealth.com by User after such notice shall be
deemed to constitute acceptance by User of such changes, modifications or
additions.
3. DESCRIPTION OF SERVICES
Through its Website and Protected Materials, Hodgkinson Marketing Ltd
provides User with access to a variety of resources, including download
areas, software, communication forums and product information (collectively
"Services"). Protected Materials are all materials or other intellectual
property rights, or which may be construed as proprietary information
including, but not limited to, any and all technical and non-technical
information that is valuable to Hodgkinson Marketing Ltd such as
subscription programs, audio/visual programs, coaching programs, tele-seminars,
tele-coaching, flip charts, audio/video products, books, training routines,
training processes, course material, literature, pamphlets, processes,
procedures, patents, trademarks, service marks, products, copyrights, trade
secrets, techniques, sketches, drawings, models, invention, know-how and
equipment related to current and contemplated products and services,
inventions, manufacturing, purchasing, accounting, engineering, marketing,
merchandising and sales, to the extent necessary and as may be reasonably
required during the relationship will be considered protected material. The
Services, including any updates, enhancements, new features, and/or the
addition of any new Protected Materials, are subject to the TOU, the privacy
policy and the domain licenses.
4. EQUIPMENT
User shall be responsible for obtaining and maintaining all telephone,
computer hardware, software and other equipment needed for access to and use
of WebBasedWealth.com and all charges related thereto.
5. USER CONDUCT
A. User shall use WebBasedWealth.com for lawful purposes only. User shall
not post or transmit through WebBasedWealth.com any material which violates
or infringes in any way upon the rights of others, which is unlawful,
threatening, abusive, defamatory, invasive of privacy or publicity rights,
vulgar, obscene, profane or otherwise objectionable, which encourages
conduct that would constitute a criminal offense, give rise to civil
liability or otherwise violate any law, or which, without Hodgkinson
Marketing Ltd's express prior approval, contains advertising or any
solicitation with respect to products or services. Any conduct by User that
in Hodgkinson Marketing Ltd's discretion restricts or inhibits any other
User from using or enjoying WebBasedWealth.com will not be permitted. User
shall not use WebBasedWealth.com to advertise or perform any commercial
solicitation, including, but not limited to, the solicitation of users to
become subscribers of other on-line information services competitive with
Hodgkinson Marketing Ltd.
B. WebBasedWealth.com contains copyrighted material, trademarks and other
proprietary information, including, but not limited to, text, software,
photos, video, graphics, music and sound, and the entire contents of
WebBasedWealth.com are copyrighted as a collective work under the United
States copyright laws. Hodgkinson Marketing Ltd owns a copyright in the
selection, coordination, arrangement and enhancement of such content, as
well as in the content original to it. User may not modify, publish,
transmit, participate in the transfer or sale, create derivative works, or
in any way exploit, any of the content, in whole or in part. User may
download copyrighted material for User's personal use only. Except as
otherwise expressly permitted under copyright law, no copying,
redistribution, retransmission, publication or commercial exploitation of
downloaded material will be permitted without the express permission of
Hodgkinson Marketing Ltd and the copyright owner. In the event of any
permitted copying, redistribution or publication of copyrighted material, no
changes in or deletion of author attribution, trademark legend or copyright
notice shall be made. User acknowledges that it does not acquire any
ownership rights by downloading copyrighted material.
C. User shall not upload, post or otherwise make available on
WebBasedWealth.com any material protected by copyright, trademark or other
proprietary right without the express permission of the owner of the
copyright, trademark or other proprietary right and the burden of
determining that any material is not protected by copyright rests with User.
User shall be solely liable for any damage resulting from any infringement
of copyrights, proprietary rights, or any other harm resulting from such a
submission. By submitting material to any public area of WebBasedWealth.com,
User automatically grants, or warrants that the owner of such material has
expressly granted Hodgkinson Marketing Ltd the royalty-free, perpetual,
irrevocable, non-exclusive right and license to use, reproduce, modify,
adapt, publish, translate and distribute such material (in whole or in part)
worldwide and/or to incorporate it in other works in any form, media or
technology now known or hereafter developed for the full term of any
copyright that may exist in such material. User also permits any other User
to access, view, store, or reproduce the material for that User's personal
use. User hereby grants Hodgkinson Marketing Ltd the right to edit, copy,
publish and distribute any material made available on WebBasedWealth.com by
User.
D. The foregoing provisions of Section 5 are for the benefit of Hodgkinson
Marketing Ltd, its subsidiaries, affiliates and its third party content
providers and licensors and each shall have the right to assert and enforce
such provisions directly or on its own behalf.
6. USE OF SERVICES
A. The Services may contain email services, bulletin board services, chat
areas, news groups, forums, communities, personal web pages, calendars,
photo albums, file cabinets and/or other message or communication facilities
designed to enable User to communicate with others (each a "Communication
Service" and collectively "Communication Services"). User agrees to use the
Communication Services only to post, send and receive messages and material
that are proper and, when applicable, related to the particular
Communication Service. By way of example, and not as a limitation, User
agrees that when using the Communication Services, User will not:
" Use the Communication Services in connection with surveys, contests,
pyramid schemes, chain letters, junk email, spamming or any duplicative or
unsolicited messages (commercial or otherwise).
" Defame, abuse, harass, stalk, threaten or otherwise violate the legal
rights (such as rights of privacy and publicity) of others.
" Publish, post, upload, distribute or disseminate any inappropriate,
profane, defamatory, obscene, indecent or unlawful topic, name, material or
information.
" Upload, or otherwise make available, files that contain images,
photographs, software or other material protected by intellectual property
laws, including, by way of example, and not as limitation, copyright or
trademark laws (or by rights of privacy or publicity) unless User own or
control the rights thereto or have received all necessary consent to do the
same.
" Use any material or information, including images or photographs, which
are made available through the Services in any manner that infringes any
copyright, trademark, patent, trade secret, or other proprietary right of
any party.
" Upload files that contain viruses, Trojan horses, worms, time bombs,
cancelbots, corrupted files, or any other similar software or programs that
may damage the operation of another's computer or property of another.
" Advertise or offer to sell or buy any goods or services for any business
purpose, unless such Communication Services specifically allows such
messages.
" Download any file posted by another user of a Communication Service that
User know, or reasonably should know, cannot be legally reproduced,
displayed, performed, and/or distributed in such manner.
" Falsify or delete any copyright management information, such as author
attributions, legal or other proper notices or proprietary designations or
labels of the origin or source of software or other material contained in a
file that is uploaded.
" Restrict or inhibit any other user from using and enjoying the
Communication Services.
" Violate any code of conduct or other guidelines which may be applicable
for any particular Communication Service.
" Harvest or otherwise collect information about others, including email
addresses.
" Violate any applicable laws or regulations.
" Create a false identity for the purpose of misleading others.
" Use, download or otherwise copy, or provide (whether or not for a fee) to
a person or entity any directory of users of the Services or other user or
usage information or any portion thereof.
B. Hodgkinson Marketing Ltd has no obligation to monitor the Communication
Services. However, Hodgkinson Marketing Ltd reserves the right to review
materials posted to the Communication Services and to remove any materials
in its sole discretion. Hodgkinson Marketing Ltd reserves the right to
terminate User's access to any or all of the Communication Services at any
time, without notice, for any reason whatsoever. Hodgkinson Marketing Ltd
reserves the right at all times to disclose any information as it deems
necessary to satisfy any applicable law, regulation, legal process or
governmental request, or to edit, refuse to post or to remove any
information or materials, in whole or in part, in Hodgkinson Marketing Ltd
sole discretion.
C. Materials uploaded to the Communication Services may be subject to posted
limitations on usage, reproduction and/or dissemination; User is responsible
for adhering to such limitations if User downloads the materials.
D. Always use caution when giving out any personally identifiable
information in any Communication Services. Hodgkinson Marketing Ltd does not
control or endorse the content, messages or information found in any
Communication Services and, therefore, Hodgkinson Marketing Ltd specifically
disclaims any liability with regard to the Communication Services and any
actions resulting from User's participation in any Communication Services.
Managers and hosts are not authorized Hodgkinson Marketing Ltd
spokespersons, and their views do not necessarily reflect those of
Hodgkinson Marketing Ltd.
7. MEMBER ACCOUNT, PASSWORD, AND SECURITY
If any of the Services requires User to open an account, User must complete
the registration process by providing Hodgkinson Marketing Ltd with current,
complete and accurate information as prompted by the applicable registration
form. User also will choose a password and a user name. User is entirely
responsible for maintaining the confidentiality of User's password and
account. Furthermore, User is entirely responsible for any and all
activities that occur under User's account. User agrees to notify Hodgkinson
Marketing Ltd immediately of any unauthorized use of User's account or any
other breach of security. Hodgkinson Marketing Ltd will not be liable for
any loss that User may incur as a result of someone else using User's
password or account, either with or without User's knowledge. However, User
could be held liable for losses incurred by Hodgkinson Marketing Ltd or
another party due to someone else using User's account or password. User may
not use anyone else's account at any time, without the permission of the
account holder.
8. NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEBSITE
A. Any software that is made available to download from the Services
("Software") is the copyrighted work of Hodgkinson Marketing Ltd and/or its
suppliers. Use of the Software is governed by the terms of the end user
license agreement, if any, which accompanies or is included with the
Software ("License Agreement"). An end user will be unable to install any
Software that is accompanied by or includes a License Agreement, unless he
or she first agrees to the License Agreement terms.
B. The License Agreement is based upon one domain name use. Domains need to
be fully owned by the User. Users can buy as many licenses as they need for
as many domains that the User owns.
C. The Software is made available for download solely for use or personal
use by end users according to the License Agreement. Any reproduction or
redistribution of the Software not in accordance with the License Agreement
is expressly prohibited by law, and may result in severe civil and criminal
penalties. The Software is made available for download solely for use or
personal use by end users according to the License Agreement. Violators will
have their licenses revoked if they do not follow these terms and will be
prosecuted to the maximum extent possible.
D. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE
TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION
IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS
EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. THE
SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE
AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, Hodgkinson
Marketing Ltd HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO
THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT
E. FOR YOUR CONVENIENCE, Hodgkinson Marketing Ltd MAY MAKE AVAILABLE AS PART
OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE
AND/OR DOWNLOAD. Hodgkinson Marketing Ltd DOES NOT MAKE ANY ASSURANCES WITH
REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE
OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY
RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE
SERVICES.
9. NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEBSITE
Permission to use Documents (such as white papers, press releases,
datasheets and FAQs) from the Services is granted, provided that (1) the
below copyright notice appears in all copies and that both the copyright
notice and this permission notice appear, (2) use of such Documents from the
Services is for informational and non-commercial or personal use only and
will not be copied or posted on any network computer or broadcast in any
media, and (3) no modifications of any Documents are made. Accredited
educational institutions, such as universities, private/public colleges, and
state community colleges, may download and reproduce the Documents for
distribution in the classroom. Distribution outside the classroom requires
express written permission. Use for any other purpose is expressly
prohibited by law, and may result in severe civil and criminal penalties.
Violators will be prosecuted to the maximum extent possible.
Hodgkinson Marketing Ltd AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE
DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY
PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND. COMPANY AND/OR ITS RESPECTIVE SUPPLIERS HEREBY
DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS,
IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT. IN NO EVENT SHALL Hodgkinson Marketing Ltd AND/OR ITS
RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR
PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS
ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF
INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE
TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY
ADDED TO THE INFORMATION HEREIN. Hodgkinson Marketing Ltd AND/OR ITS
RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S)
AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
10. NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS
SITE
IN NO EVENT SHALL Hodgkinson Marketing Ltd AND/OR ITS RESPECTIVE SUPPLIERS
BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION
OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN
CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF
OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
11. MATERIALS PROVIDED TO Hodgkinson Marketing Ltd OR POSTED AT ANY OF ITS
WEBSITES
A. Hodgkinson Marketing Ltd does not claim ownership of the materials User
provides to Hodgkinson Marketing Ltd (including feedback and suggestions) or
post, upload, input or submit to any Services or its associated services for
review by the general public, or by the members of any public or private
community, (each a "Submission" and collectively "Submissions"). However, by
posting, uploading, inputting, providing or submitting ("Posting") User's
Submission User is granting Hodgkinson Marketing Ltd, its affiliated
companies and necessary sublicenses permission to use User's Submission in
connection with the operation of their Internet businesses (including,
without limitation, all Hodgkinson Marketing Ltd Services), including,
without limitation, the license rights to: copy, distribute, transmit,
publicly display, publicly perform, reproduce, edit, translate and reformat
User's Submission; to publish User's name in connection with User's
Submission; and the right to sublicense such rights to any supplier of the
Services. No compensation will be paid with respect to the use of User's
Submission, as provided herein. Hodgkinson Marketing Ltd is under no
obligation to post or use any Submission User may provide and Hodgkinson
Marketing Ltd may remove any Submission at any time in its sole discretion.
By Posting a Submission User warrants and represents to own or otherwise
control all of the rights to User's Submission as described in these Terms
of Use including, without limitation, all the rights necessary for User to
provide, post, upload, input or submit the Submissions.
B. In addition to the warranty and representation set forth above, by
Posting a Submission that contain images, photographs, pictures or that are
otherwise graphical in whole or in part ("Images"), User warrants and
represents that (a) User is the copyright owner of such Images, or that the
copyright owner of such Images has granted User permission to use such
Images or any content and/or images contained in such Images consistent with
the manner and purpose of User's use and as otherwise permitted by these
Terms of Use and the Services, (b) User has the rights necessary to grant
the licenses and sublicenses described in these Terms of Use, and (c) that
each person depicted in such Images, if any, has provided consent to the use
of the Images as set forth in these Terms of Use, including, by way of
example, and not as a limitation, the distribution, public display and
reproduction of such Images. By Posting Images, User is granting (a) to all
members of User's private community (for each such Images available to
members of such private community), and/or (b) to the general public (for
each such Images available anywhere on the Services, other than a private
community), permission to use User's Images in connection with the use, as
permitted by these Terms of Use, of any of the Services, (including, by way
of example, and not as a limitation, making prints and gift items which
include such Images), and including, without limitation, a non-exclusive,
world-wide, royalty-free license to: copy, distribute, transmit, publicly
display, publicly perform, reproduce, edit, translate and reformat User's
Images without having User's name attached to such Images, and the right to
sublicense such rights to any supplier of the Services. The licenses granted
in the preceding sentences for a Images will terminate at the time User
completely remove such Images from the Services, provided that, such
termination shall not affect any licenses granted in connection with such
Images prior to the time User completely remove such Images. No compensation
will be paid with respect to the use of User's Images.
C. Hodgkinson Marketing Ltd is a distributor (and not a publisher) of
content supplied by third parties and Users. Accordingly, Hodgkinson
Marketing Ltd has no more editorial control over such content than does a
public library, bookstore, or newsstand. Any opinions, advice, statements,
services, offers, or other information or content expressed or made
available by third parties, including information providers, Users or any
other user of WebBasedWealth.com, are those of the respective author(s) or
distributor(s) and not of Hodgkinson Marketing Ltd. Neither Hodgkinson
Marketing Ltd nor any third-party provider of information guarantees the
accuracy, completeness, or usefulness of any content, nor its
merchantability or fitness for any particular purpose.
12. COMPLIANCE WITH ALL INTELLECTUAL PROPERTY LAWS
When accessing the Website or using the Services, you agree to obey the law
and to respect the intellectual property rights of others. Your use of the
Services and the Website is at all times governed by and subject to laws
regarding copyright ownership and use of intellectual property. You agree
not to upload, download, display, perform, transmit, or otherwise distribute
any information or Materials in violation of any third party's copyrights,
trademarks, or other intellectual property or proprietary rights. You agree
to abide by laws regarding copyright ownership and use of intellectual
property, and you shall be solely responsible for any violations of any
relevant laws and for any infringements of third party rights caused by any
Materials you provide or transmit, or that is provided or transmitted using
your User ID. The burden of proving that any Materials do not violate any
laws or third party rights rests solely with you.
13. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
A. USER EXPRESSLY AGREES THAT USE OF WebBasedWealth.com IS AT USER'S SOLE
RISK. NEITHER COMPANY, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES,
AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT
WebBasedWealth.com WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY
WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF
WebBasedWealth.com, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY
INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH WebBasedWealth.com.
B. WebBasedWealth.com IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND
INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS
APPLICABLE TO THIS AGREEMENT.
C. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY
ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT,
DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE
FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR
USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR,
NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY
ACKNOWLEDGES THAT COMPANY IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR
ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY
FROM THE FOREGOING RESTS ENTIRELY WITH USER.
D. IN NO EVENT SHALL Hodgkinson Marketing Ltd, OR ANY PERSON OR ENTITY
INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING WebBasedWealth.com OR THE
Hodgkinson Marketing Ltd SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING,
WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE
WebBasedWealth.com. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS
SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
E. IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER Hodgkinson Marketing Ltd
NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE
LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES,
OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE
INFORMATION CONTAINED WITHIN WebBasedWealth.com, OR FOR ANY DELAY OR
INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR
LOSSES ARISING THERE FROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING
PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE,
INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL
DAMAGES.
F. PRIOR TO THE EXECUTION OF A STOCK TRADE, USERS ARE ADVISED TO CONSULT
WITH YOUR BROKER OR OTHER FINANCIAL REPRESENTATIVE TO VERIFY PRICING OR
OTHER INFORMATION. Hodgkinson Marketing Ltd, ITS AFFILIATES, INFORMATION
PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR INVESTMENT
DECISIONS BASED ON THE INFORMATION PROVIDED. NEITHER Hodgkinson Marketing
Ltd NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR
GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS
INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS
OBTAINED FROM THE USE OF THE INFORMATION.
G. FORCE MAJEURE - NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR
DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL,
INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF
CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES
RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS
FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE
PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS).
THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A
MAXIMUM OF FIFTEEN (15) DAYS FROM ITS OCCURRENCE. THE PERFORMANCE OF THS
AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL
PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS
AGREEMENT.
14. LINKS TO THIRD PARTY SITES
A. THE LINKS IN THIS AREA WILL LET YOU LEAVE Hodgkinson Marketing Ltd'S
SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF Hodgkinson Marketing Ltd
AND Hodgkinson Marketing Ltd IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY
LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR
UPDATES TO SUCH SITES. Hodgkinson Marketing Ltd IS NOT RESPONSIBLE FOR
WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE.
Hodgkinson Marketing Ltd IS PROVIDING THESE LINKS TO YOU ONLY AS A
CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY
Hodgkinson Marketing Ltd OF THE SITE.
B. Hodgkinson Marketing Ltd is a distributor (and not a publisher) of
content supplied by third parties and Users. Accordingly, Hodgkinson
Marketing Ltd has no more editorial control over such content than does a
public library, bookstore, or newsstand. Any opinions, advice, statements,
services, offers, or other information or content expressed or made
available by third parties, including information providers, Users or any
other user of WebBasedWealth.com, are those of the respective author(s) or
distributor(s) and not of Hodgkinson Marketing Ltd. Neither Hodgkinson
Marketing Ltd nor any third-party provider of information guarantees the
accuracy, completeness, or usefulness of any content, nor its
merchantability or fitness for any particular purpose.
C. In many instances, the content available through WebBasedWealth.com
represents the opinions and judgments of the respective information
provider, User, or other user not under contract with Hodgkinson Marketing
Ltd. Hodgkinson Marketing Ltd neither endorses nor is responsible for the
accuracy or reliability of any opinion, advice or statement made on
WebBasedWealth.com by anyone other than authorized Hodgkinson Marketing Ltd
employee spokespersons while acting in their official capacities. Under no
circumstances will Hodgkinson Marketing Ltd be liable for any loss or damage
caused by a User's reliance on information obtained through
WebBasedWealth.com. It is the responsibility of User to evaluate the
accuracy, completeness or usefulness of any information, opinion, advice or
other content available through Hodgkinson Marketing Ltd. Please seek the
advice of professionals, as appropriate, regarding the evaluation of any
specific information, opinion, advice or other content.
15. UNSOLICITED IDEA SUBMISSION POLICY
Hodgkinson Marketing Ltd OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER
UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW
PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING
PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE
ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS
TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN COMPANY'S PRODUCTS OR
MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO Hodgkinson
Marketing Ltd. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO COMPANY OR
ANYONE AT Hodgkinson Marketing Ltd. IF, DESPITE OUR REQUEST THAT YOU NOT
SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND
THAT Hodgkinson Marketing Ltd MAKES NO ASSURANCES THAT YOUR IDEAS AND
MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
16. PRIVACY POLICY
Hodgkinson Marketing Ltd respects your privacy and permits Users to control
the treatment of personal information. A complete statement of Hodgkinson
Marketing Ltd current Privacy Policy can be reviewed on our "Privacy Policy"
link located or published at the bottom of our Web pages.
17. MONITORING
Hodgkinson Marketing Ltd shall have the right, but not the obligation, to
monitor the content of WebBasedWealth.com, including chat rooms and forums,
to determine compliance with this Agreement and any operating rules
established by Hodgkinson Marketing Ltd and to satisfy any law, regulation
or authorized government request. Hodgkinson Marketing Ltd shall have the
right in its sole discretion to edit, refuse to post or remove any material
submitted to or posted on WebBasedWealth.com. Without limiting the
foregoing, Hodgkinson Marketing Ltd shall have the right to remove any
material that Hodgkinson Marketing Ltd, in its sole discretion, finds to be
in violation of the provisions hereof or otherwise objectionable.
18. INDEMNIFICATION AND HOLD HARMLESS
User agrees to defend, indemnify and hold harmless Hodgkinson Marketing Ltd,
its affiliates and their respective directors, officers, employees and
agents from and against all claims and expenses, including attorneys' fees,
arising out of the use of Hodgkinson Marketing Ltd by User or User's
Account.
19. TERMINATION
Either Hodgkinson Marketing Ltd, WebBasedWealth.com or User may terminate
this Agreement at any time. Without limiting the foregoing, Hodgkinson
Marketing Ltd shall have the right to immediately terminate User's Account
in the event of any conduct by User which Hodgkinson Marketing Ltd, in its
sole discretion, considers to be unacceptable, or in the event of any breach
by User of this Agreement.
20. PAYMENTS AND REFUND POLICY
A. Users are charged for software, written publications and online media
products. If you pay a company other than us for the service, then the
charges and billing terms are as stated by the other company. Even if you do
not pay for the service, you may still incur charges incidental to using the
service; for example, charges for Internet access, mobile text messaging, or
other data transmission.
B. WHEN YOU CREATE A BILLING ACCOUNT, YOU ENTER YOUR PAYMENT METHOD. YOU
MUST BE AUTHORIZED TO USE THE PAYMENT METHOD. YOU AUTHORIZE US TO CHARGE YOU
FOR THE SERVICE USING YOUR PAYMENT METHOD AND FOR ANY PAID FEATURE OF THE
SERVICE FOR WHICH YOU CHOOSE TO SIGN-UP OR USE WHILE THIS CONTRACT IS IN
FORCE. WE MAY BILL YOU FOR MORE THAN ONE OF YOUR PRIOR BILLING PERIODS
TOGETHER. IF WE INFORMED YOU THAT THE SERVICE WOULD BE PROVIDED INDEFINITELY
OR AUTOMATICALLY RENEWED, WE MAY AUTOMATICALLY RENEW YOUR SERVICE AND CHARGE
YOU FOR ANY RENEWAL TERM.
C. You may have received a limited time of free service or some other trial
period offer. Unless we notify you otherwise, if you are participating in
any trial period offer, you must cancel the service by the end of the trial
period to avoid incurring charges. If you do not cancel your service, and we
have informed you that the service will automatically be converted into a
paid subscription at the end of the trial period, then you authorize us to
charge your payment method for the service.
D. The price for the service excludes all taxes and phone charges, unless
stated otherwise. These taxes and charges are your responsibility. Currency
exchange settlements are based on your agreement with your payment method
provider. We may change the price of the service from time to time, but we
will tell you before we do.
E. If there is a specific time length and price for your service offer, then
that price will remain in force for that time. After the offer period ends,
your use of the service will be charged at the new price.
F. If you do not agree to these changes, then you must cancel and stop using
the service before the changes take place. If you cancel your service, then
your service ends at the end of your current service time length or, if we
bill your account on a period basis, at the end of the period in which you
cancelled.
G. We will provide you with an online billing statement accessible online
through your User Account. This is the only billing statement that we
provide. If you request a paper copy, we may charge you a retrieval fee. We
will only provide paper copies for the past 120 days. If we make an error on
your bill, we will correct it promptly after you tell us and we investigate
the charge. You must tell us within 120 days after an error first appears on
your bill. You release us from all liability and claims of loss resulting
from any error that you do not report to us within 120 days after the error
first appears on your online statement. If you do not tell us within this
time, we will not be required to correct the error. We can correct billing
errors at any time.
H. You may cancel the service at any time, with or without cause. Go to
www.productsupportdesk.com and request and account cancellation. Certain
service offers may require cancellation charges, and you will pay all
cancellation charges as specified in the materials describing the offer.
Cancellation of the service by you will not alter your obligation to pay all
charges made to your billing account for which you have already used the
Services.
J. The User Fee is non-refundable. If you cancel a paid User Fee, Hodgkinson
Marketing Ltd will refund the pro-rated amount based on the number of
un-used days of User Fee. Under no circumstances will the amount of the
refund exceed the amount you paid for Services.
21. ENTIRE AGREEMENT
This Agreement, the privacy policy, domain licenses and any operating rules
for WebBasedWealth.com established by Hodgkinson Marketing Ltd constitute
the entire agreement of the parties and supersede all previous written or
oral agreements between the parties.
22. ARBITRATION
Each party to this Agreement expressly agrees that all disputes, claims or
controversies that exist or may come to exist between them including,
without limitation, all disputes, claims or controversies that exist or may
arise out of, under or in connection with this Agreement, first to binding
arbitration located in Minden County, State of Nevada in accordance with the
Commercial Arbitration Procedures of the American Arbitration Association.
The parties agree that judgment upon the arbitration award will be final,
binding and conclusive upon each party and may be entered into any court
having jurisdiction. In the case of action under this Section, the
prevailing party shall be entitled to recover its costs of the proceeding,
including reasonable attorneys' fees and out of pocket expenses.
23. CHOICE OF LAW, VENUE AND FORUM
The TOU, the privacy policy, domain licenses and any operating rules for
WebBasedWealth.com shall be construed in accordance with and governed by the
laws of the United States and the State of Nevada, without reference to
their rules regarding conflicts of law. You hereby irrevocably consent to
the exclusive jurisdiction of the state or federal courts in Minden County,
State of Nevada, United States in all disputes arising out of or related to
the use of the Website or, without reference to their rules regarding
conflicts of law.
23. SEVERABILITY
If, for whatever reason, a court of competent jurisdiction finds any term or
condition in these Terms of Use to be unenforceable, all other terms and
conditions will remain unaffected and in full force and effect.
24. WAIVER
No waiver of any breach of any provision of these Terms of Use shall
constitute a waiver of any prior, concurrent, or subsequent breach of the
same or any other provisions hereof, and no waiver shall be effective unless
made in writing and signed by an authorized representative of the waiving
party.
25. HEADINGS
The section headings used herein are for convenience only and shall not be
given any legal importance.
26. COPYRIGHT
All contents of Website or Services are: © Hodgkinson Marketing Ltd. All
rights reserved.
27.TRADEMARKS
The names of actual companies and products mentioned herein may be the
trademarks of their respective owners. The example companies, organizations,
products, domain names, email addresses, logos, people and events depicted
herein are fictitious. No association with any real company, organization,
product, domain name, email address, logo, person, or event is intended or
should be inferred. Any rights not expressly granted herein are reserved.
28. NO LICENSE
Nothing contained on the Website should be understood as granting you a
license to use any of the trademarks, service marks, logos and the like
owned by Hodgkinson Marketing Ltd or by any third party.
29. NOTICES
Any notices to Hodgkinson Marketing Ltd shall be given by email to support
[at] webbasedwealth.com or by certified mail, return receipt requested to
Hodgkinson Marketing Ltd, address P.O. Box 450 Adlington, Lancs. PR6 6AG.
Any notice to Users shall be sent by email to the email address provided by
the User. Email notices to a User shall be deemed delivered twenty-four (24)
hours from the time the email is sent. Notices to Hodgkinson Marketing Ltd
shall be deemed delivered five (5) calendar days after sent by certified
mail.
30. COPYRIGHT INFRINGEMENT
Hodgkinson Marketing Ltd has in place certain legally mandated procedures
regarding allegations of copyright infringement occurring on the Website or
with the Services. Hodgkinson Marketing Ltd has adopted a policy that
provides for the immediate suspension and/or termination of any Website or
Services user who is found to have infringed on the rights of Hodgkinson
Marketing Ltd or of a third party, or otherwise violated any intellectual
property laws or regulations. Hodgkinson Marketing Ltd's policy is to
investigate any allegations of copyright infringement brought to its
attention. If you have evidence, know, or have a good faith belief that your
rights or the rights of a third party have been violated and you want
Hodgkinson Marketing Ltd to delete, edit, or disable the material in
question, you must provide Hodgkinson Marketing Ltd with all of the
following information: (a) a physical or electronic signature of a person
authorized to act on behalf of the owner of the exclusive right that is
allegedly infringed; (b) identification of the copyrighted work claimed to
have been infringed, or, if multiple copyrighted works are covered by a
single notification, a representative list of such works; (c) identification
of the material that is claimed to be infringed or to be the subject of
infringing activity and that is to be removed or access to which is to be
disabled, and information reasonably sufficient to permit Hodgkinson
Marketing Ltd to locate the material; (d) information reasonably sufficient
to permit Hodgkinson Marketing Ltd to contact you, such as an address,
telephone number, and if available, an electronic mail address at which you
may be contacted; (e) a statement that you have a good faith belief that use
of the material in the manner complained of is not authorized by the
copyright owner, its agent, or the law; and (f) a statement that the
information in the notification is accurate, and under penalty of perjury,
that you are authorized to act on behalf of the owner of an exclusive right
that is allegedly infringed. For this notification to be effective you must
provide it to the Copyright Infringement Unit, support [at]
webbasedwealth.com and by certified mail, return receipt requested
Hodgkinson Marketing Ltd, address P.O. Box 450 Adlington, Lancs. PR6 6AG.
31. INDEPENDENT PARTIES
You and Hodgkinson Marketing Ltd expressly agree that each is an independent
contractor of the other. Neither party is an agent, representative, broker,
employee, partner or joint venturer of the other party. This Agreement shall
not be interpreted or construed to create an association, joint venture,
agency, franchise or partnership between the parties or to impose any
partnership obligation or liability upon either party
32. ACKNOWLEDGEMENT
BY USING THE SERVICES OR ACCESSING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU
HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.