ALL PERSONS UNDER THE AGE OF 18 ARE DENIED ACCESS TO THIS WEBSITE. IF YOU ARE UNDER 18 YEARS OF AGE, IT IS UNLAWFUL FOR YOU TO VISIT, READ, OR INTERACT WITH THIS WEBSITE OR ITS CONTENTS IN ANY MANNER. THIS WEBSITE SPECIFICALLY DENIES ACCESS TO ANY INDIVIDUAL THAT IS COVERED BY THE CHILD ONLINE PRIVACY ACT (COPA) OF 1998.
Visitors, viewers, users, subscribers, members, affiliates, or customers, collectively referred to herein as “Visitors,” are parties to this agreement. The website and its owners and/or operators are parties to this agreement, herein referred to as “Website.”
USE OF INFORMATION FROM THIS WEBSITE
Unless you have entered into an express written contract with this website to the contrary, visitors, viewers, subscribers, members, affiliates, or customers have no right to use this information in a commercial or public setting; they have no right to broadcast it, copy it, save it, print it, sell it, or publish any portions of the content of this website. By viewing the contents of this website you agree this condition of viewing and you acknowledge that any unauthorized use is unlawful and may subject you to civil or criminal penalties. Again, Visitor has no rights whatsoever to use the content of, or portions thereof, including its databases, invisible pages, linked pages, underlying code, or other intellectual property the site may contain, for any reason for any use whatsoever. Nothing. Visitor agrees to liquidated damages in the amount of U.S.$1,000 in addition to costs and actual damages for breach of this provision. Visitor warrants that he or she understands that accepting this provision is a condition of viewing and that viewing constitutes acceptance.
OWNERSHIP OF WEBSITE OR RIGHT TO USE, SELL, PUBLISH CONTENTS OF THIS WEBSITE
The website and its contents are owned or licensed by the website. Material contained on the website must be presumed to be proprietary and copyrighted. Visitors have no rights whatsoever in the site content. Use of website content for any reason is unlawful unless it is done with express contract or permission of the website.
HYPERLINKING TO SITE, CO-BRANDING, “FRAMING” AND REFERENCING SITE PROHIBITED
Unless expressly authorized by website, no one may hyperlink this site, or portions thereof, (including, but not limited to, logotypes, trademarks, branding or copyrighted material) to theirs for any reason. Further, you are not allowed to reference the url (website address) of this website in any commercial or non-commercial media without express permission, nor are you allowed to ‘frame’ the site. You specifically agree to cooperate with the Website to remove or de-activate any such activities and be liable for all damages. You hereby agree to liquidated damages of US$100,000.00 plus costs and actual damages for violating this provision.
DISCLAIMER FOR CONTENTS OF SITE
The website disclaims any responsibility for the accuracy of the content of this website. Visitors assume the all risk of viewing, reading, using, or relying upon this information. Unless you have otherwise formed an express contract to the contrary with the website, you have no right to rely on any information contained herein as accurate. The website makes no such warranty.
If any of the sales or or promotion copy contains statements or testimonials about income or earnings, those statements are true to the best of our knowledge. However, you cannot simply rely on these statements as being duplicable by you because many factors affect results, inlcuding just dumb luck. Some people buy this product to make money and, in fact, make money. Some people buy this product and never read it or attempt to implement any of the money-making ideas. Some folks apparently take to it like a duck to water and cana’t stop making money. Nothing promoted on this website should be construed as a “Get rich quick scheme.” The products you are buying to learn how to make money or products you are buying to re-sell, have all been proven money-makers. The income and earnings statements, if any, tend to reflect the most successful cases and you should not construe this as being the “average” or usual success story. As is true in much of life, real success usually requires real work. Learning about real estate or the internet or any other money-making system is not terrible work and it can produce very livable incomes if you are willing to learn your craft and work at it steadily. Even part-time efforts can bring in extra money each month. But it requires learning skills that you may not have a background in and will require constant education and, perhaps, even psychological motivation to keep you at your goals.
No warranties are made whatsoever about the amount of money, if any, that you will earn from this material or this training and you warrant an understanding that your only course of action is to test this product, material and training to the extent of the refund stated and request a refund if you are not satisfied.
DISCLAIMER FOR HARM CAUSED TO YOUR COMPUTER OR SOFTWARE FROM INTERACTING WITH THIS WEBSITE OR ITS CONTENTS. VISITOR ASSUMES ALL RISK OF VIRUSES, WORMS, OR OTHER CORRUPTING FACTORS.
The website assumes no responsibility for damage to computers or software of the visitor or any person the visitor subsequently communicates with from corrupting code or data that is inadvertently passed to the visitor’s computer. Again, visitor views and interacts with this site, or banners or pop-ups or advertising displayed thereon, at his own risk.
DISCLAIMER FOR HARM CAUSED BY DOWNLOADS
Visitor downloads information from this site at this own risk. Website makes no warranty that downloads are free of corrupting computer codes, including, but not limited to, viruses and worms.
AVAILABILITY OF SOFTWARE MODULES USAGE
The Company will have no liability to you for the unavailability of the software at any time. In addition, the Company reserves the right, in its sole discretion, at any time and without prior notice, to refuse access to the software to any individual, company, network, institution or other entity in violation of the terms of the EULA, or to cease providing the Services in whole or in part.
The Software is designed to work with current standard software and operating systems. In the event you install or update any software or operating systems there is no assurance that the Software you purchased will work as intended (or at all) with such software or operating systems. In such case, the Company may provide you with an option to purchase an updated version of the Software and/or pay an additional fee in order to be able to use the software or operating systems. In any event, you will not have any claims or demands against the Company in connection with the Software or Services you purchased not working as intended (or at all) with such software or operating systems.
DISCLAIMER OF WARRANTIES
THE SOFTWARE AND/OR THE SERVICES MAY CONTAIN ERRORS, BUGS AND OTHER PROBLEMS WHICH COULD CAUSE SYSTEM CRASH OR FAILURE. THE COMPANY RESERVES THE RIGHT TO ALTER THE SOFTWARE AND/OR THE SERVICES AT ANY TIME, AND ANY RELIANCE ON THE SOFTWARE AND/OR THE SERVICES OR THEIR QUALITY OR PERFORMANCE IS AT THE SOLE RISK OF THE USER. TO THE FULLEST EXTENT PROVIDED BY LAW, THE SOFTWARE AND THE SERVICES ARE PROVIDED “AS IS AND WITH ALL FAULTS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE AND THE SERVICES (INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO SERVICES RELATING TO CORRECTIONS, PREDICTIONS OR TRANSLATION) IS ASSUMED FULLY AND EXCLUSIVELY BY YOU. THE COMPANY AND ITS THIRD PARTY LICENSORS, IF ANY, HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, RELIABILITY OR AVAILABILITY, OF RESULTS, OF WORKMANLIKE EFFORT, OF FREEDOM FROM VIRUSES, INFECTIONS AND MALWARE, AND OF TITLE AND NON-INFRINGEMENT, ALL WITH RESPECT TO THE SOFTWARE AND SERVICES. IN PARTICULAR, THE COMPANY DOES NOT REPRESENT OR WARRANT TO YOU THAT YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS, YOUR USE OF THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, THAT ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES (INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO USE OF FEATURES INCLUDED IN THE SERVICES, IF ANY) WILL BE COMPLETE, ACCURATE AND RELIABLE, AND THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE COMPANY OR ANY OF ITS THIRD PARTY PROVIDERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, STOCKHOLDERS, EMPLOYEES, AGENTS OR REPRESENTATIVES BE LIABLE OR RESPONSIBLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, DAMAGE OR EXPENSE OF ANY KIND OR NATURE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR FOR LOST PROFITS, ATTORNEYS’ FEES, LOST SAVINGS, LOST REVENUE OR BUSINESS, FOR ANY INTERRUPTION OF SERVICE OR MALFUNCTION, ERROR OR LOSS OF USE OF THE SERVICES OR ANY CLAIM BY THE END USER OR ANY OTHER PARTY, HOWEVER CAUSED, BASED ON ANY THEORY OF LIABILITY, WHETHER IN TORT OR CONTRACT, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT FOR THE SOFTWARE OR THE SERVICES, THE PERFORMANCE OF THE SOFTWARE OR THE SERVICES OR ANY COMPONENTS THEREOF, HOWEVER CAUSED, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OR CLAIM. BY USING THE GINGER SOFTWARE WEBSITE, YOU EXPRESSLY ASSUME ALL RISK THAT THE INFORMATION AND MATERIALS ON THE SITE MAY BE INCOMPLETE, INACCURATE, OUT-OF DATE, OR MAY NOT MEET YOUR NEEDS OR REQUIREMENTS.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT SHALL THE COMPANY’S AGGREGATE LIABILITY UNDER THE TERMS OF THIS EULA AND APPLICABLE LAW EXCEED THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, FOR THE SOFTWARE AND/OR THE SERVICES.. THE EXISTENCE OF MORE THAN ONE CLAIM OR SUIT WILL NOT ENLARGE OR EXTEND THESE LIMITATIONS AND THE REMEDIES SET FORTH HEREIN AND THE SAME SHALL CONSTITUTE YOUR SOLE AND EXCLUSIVE REMEDIES FOR ANY CLAIM FOR DAMAGES ARISING IN ANY WAY OUT OF THIS EULA.
IF YOU ARE SUBJECT TO A JURISDICTION IN WHICH ANY OF THE DISCLAIMERS OR LIMITATIONS OF LIABILITY HEREIN IS NOT VALID, YOU AGREE TO BE BOUND BY THE SAME TO THE MAXIMUM EXTENT PERMITTED BY SUCH LAW OR REGULATIONS.
YOUR SOLE AND EXCLUSIVE RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SOFTWARE OR THE SERVICES IS TO TERMINATE THIS EULA UNDER THE PROVISIONS OF THE SECTION ENTITLED “TERMINATION” BELOW.
TERM AND TERMINATION
SOLELY FOR THE MONTHLY LICENSE: Unless earlier terminated as provided herein, any license shall be valid for 30 days from the date of payment of the license fee and shall automatically terminate at the conclusion of such period, unless additional license fee(s) are paid in accordance with the terms then made available by the Company, in which case the license shall continue for the period for which such license fee(s) were paid.
SOLELY FOR THE FREE LIMITED LICENSE: Unless earlier terminated as provided herein, any license shall be valid for the limited period specified by the Company upon your download of the Software starting from the date you downloaded the Software and shall automatically terminate at the end of such period, unless license fee(s) are paid within such period in accordance with the terms then made available by the Company, in which case the license shall continue for the period for which such license fee(s) were paid. You acknowledge and agree that the Company may frequently and significantly update, change, redesign and/or replace the user interface and/or the user experience at any time in its sole discretion, including frequently downloading and installing revisions and updates directly on your computer. You further acknowledge and agree that this free version is a limited version and as such your ability to use it is limited, including without limitation, you may not be able to use the Software in the same scope, capacity, functionality or otherwise in the manner that others who have paid for their licenses can use the Software and that features which are available in paid licenses may not be included in this license, all as such limitations shall be determined by Ginger from time to time in its sole discretion. Among other limitations, Ginger may limit your use of the Software to specific versions and/or limite the number of corrections to which you are entitled in a certain period of time (e.g. up to fifty (50) corrections per month), and, following the use of such limited license and until the end of said period you shall not be entitled to further use of the free license. You hereby confirm that you have no claim with respect to any of the above limitations that may be imposed from time to time by Ginger. You further agree and consent to the Software promoting the Company and its products to you and otherwise, including but not limited to adding a Ginger Software banner and/or a link to Ginger Software’s website to certain or all items that interface with the Software (e.g., email messages). The above provisions for the free limited license are in addition to all other provisions of this EULA.
SOLELY FOR FREE UNRESTRICTED LICENSE: Unless earlier terminated as provided herein, any license to any Ginger Software that is distributed for no license fee shall be perpetual. You acknowledge and agree that the Company may frequently and significantly update, change, redesign and/or replace the user interface and/or the user experience at any time in its sole discretion, including frequently downloading and installing revisions and updates directly on your computer. You further acknowledge and agree that some features which are available in other software products of the Company may not be included in this license and you confirm that you have no claim with respect thereto. In addition, you acknowledge and agree that the Company may terminate this license at any time at its sole discretion and that the Company is under no obligation to provide technical support under the terms of this EULA, and provides no assurance that any specific errors or discrepancies in the freely distributed Software will be corrected. You further agree and consent to the Software promoting the Company and its products to you and otherwise, including but not limited to adding a Ginger Software banner and/or a link to Ginger Software’s website to certain or all items that interface with the Software (e.g., email messages). The above provisions for the free license are in addition to all other provisions of this EULA.
FOR ALL LICENSES: This license and use of the Software pursuant to this EULA shall be effective until expiration or earlier termination of this EULA. Without prejudice to any other rights the Company may have, including available legal remedies, this EULA will terminate immediately and automatically if you fail at any time to comply with the terms and conditions set forth herein. You may terminate this EULA at any time by removing the Software from your system and destroying all copies of the Software, including backups, on your hard drive(s) and other storage media. Upon termination of this EULA for any reason, the license granted herein will automatically terminate and you (i) will cease to have and enjoy any and all rights to use the Software or the Services, and (ii) will remove the Software from all hard drives and other storage media and destroy all copies of the Software in your possession or under your control. The provisions in the Sections of this EULA entitled “PROPRIETARY RIGHTS”, “INDEMNIFICATION”, “DISCLAIMER OF WARRANTIES”, “LIMITATION OF LIABILITY” AND “GENERAL PROVISIONS” will survive any termination of this EULA.
LIMITATION OF LIABILITY
By viewing, using, or interacting in any manner with this site, including banners, advertising, or pop-ups, downloads, and as a condition of the website to allow his lawful viewing, Visitor forever waives all right to claims of damage of any and all description based on any causal factor resulting in any possible harm, no matter how heinous or extensive, whether physical or emotional, foreseeable or unforeseeable, whether personal or business in nature.
Visitor agrees that in the event he causes damage, which the Website is required to pay for, the Visitor, as a condition of viewing, promises to reimburse the Website for all.
No additional notice of any kind for any reason is due Visitor and Visitor expressly warrants an understanding that the right to notice is waived as a condition for permission to view or interact with the website.
The arbitration shall be conducted pursuant to the rules of the American Arbitration Association which are in effect on the date a dispute is submitted to the American Arbitration Association. Information about the American Arbitration Association, its rules, and its forms are available from the American Arbitration Association, 335 Madison Avenue, Floor 10, New York, New York, 10017-4605. The hearing will take place in the city or county of the Seller.
In no case shall the viewer, visitor, member, subscriber or customer have the right to go to court or have a jury trial. Viewer, visitor, member, subscriber or customer will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator’s decision will be final and binding with limited rights of appeal. The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, travel expenses.
JURISDICTION AND VENUE
If any matter concerning this purchase shall be brought before a court of law, pre- or post-arbitration, Viewer, visitor, member, subscriber or customer agrees to that the sole and proper jurisdiction to be the state and city declared in the contact information of the web owner unless otherwise here specified. Charlotte, Greenivlle South Carolina, Greenville County. In the event that litigation is in a federal court, the proper court shall be the closest federal court to the Seller’s address.
Viewer, visitor, member, subscriber or customer agrees that the applicable law to be applied shall, in all cases, be that of the state of the Seller.
The Wierman Group,
306 Oak Brook Way
Taylors, SC 29687
Tel: 888 811 2991
Pursuant to U.S. State & Federal Laws the following is a statement of your legal rights.
Disclaimer & Legal Rights
ALL WEB SITES, PRODUCTS AND SERVICES ARE PROVIDED, AS IS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OUR COMPANY DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE WEB SITES, PRODUCTS, SERVICES OR WRITTEN MATERIALS IN THE TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE WEB SITES, PRODUCTS AND SERVICES ARE ASSUMED BY YOU. IF THE WEB SITES, PRODUCTS, SERVICES OR WRITTEN MATERIALS ARE DEFECTIVE, YOU, AND NOT OUR COMPANY, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
THIS IS THE ONLY WARRANT OF ANY KIND, EITHER EXPRESS OR IMPLIED, THAT IS MADE BY OUR COMPANY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OUR COMPANY SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY, AND YOU MAY NOT RELY ON SUCH INFORMATION OR ADVICE TO DO SO.
Our company’s entire liability, and the purchaser’s exclusive remedy, shall be a refund of the price paid or replacement of our products, at our option. We limit replacement to thirty days. All remedies are limited to the United States. Some states do not allow the exclusion or limitation of liability, so the above limitations may not apply to you.
Limitation & Exclusion of Liability
These warranties exclude all incidental or consequential damages. Our company, and its suppliers, will not be liable for any damages whatsoever, including without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss. Some states do not allow the exclusion or limitation of liability, so the above limitations may not apply to you.
Legal Forum, Choice Of Laws & Official Language
This offering is a contract between you the buyer and our business, the seller. The seller is located in Greenville, South Carolina, U.S.A. and by doing business with us you agree that this offering is made from Greenville, South Carolina, U.S.A. and shall be governed by the laws of the State of South Carolina and the U.S.A. By electing to participate in this offer, you are entering into a contract.
This Agreement shall be governed by and construed in accordance with the laws of the State of South Carolina, without regard to its conflict of laws rules. Any legal action arising out of this Agreement shall be litigated and enforced under the laws of the State of South Carolina. In addition, you agree to submit to the jurisdiction of the courts of the State of South Carolina, and that any legal action pursued by you shall be within the exclusive jurisdiction of the courts of Greenville and/or Greenville County in the State of South Carolina, USA.
The terms constituting this offering are set forth in writing on this Web site. You hereby agree to submit to the jurisdiction of the State and Federal Courts located in Greenville, South Carolina, U.S.A. to resolve any disputes or litigation hereunder. Whether or not you choose to print this offering, containing the terms and conditions as described herein, you agree that this contract constitutes a writing.
This agreement is being written in English, which is to be the official language of the contract’s text and interpretation. If you do not agree with the above terms and conditions, you have the option to not participate in this offer.
This Web site and information contain copyrighted material, trademarks, and other proprietary information. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, in whole or in part, any Proprietary or other Material.
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this site or through this service, you may notify our copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA).
Procedure for Making Copyright Infringement Claims:
For your complaint to be valid under the DMCA, you must provide the following information when providing notice of the claimed copyright infringement:
- A physical or electronic signature of the copyright owner(s) or a person authorized to act on his/her behalf.
- Identification of the copyrighted work claimed to have been infringed.
- Identification of the material that is alleged to be infringing.
- The contact information of the person filing the Notice.
- A statement from the person filing the Notice that they have a good faith belief that the material is infringing.
- A statement explaining that a) the provided information in the Notice is accurate, b) under penalty of perjury, the person filing the Notice is the copyright owner or that he/she is authorized to act on behalf of the copyright owner.
- The above information must be submitted as a written notification to the following Designated Agent:
Kelly Rodgers Wierman, 306 Oak Brook Way, Taylors, SC 29687
All images, text, contents, products, and scripts are licensed and never sold unless otherwise stated. Reproduction is prohibited. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, otherwise reverse engineer, or transfer the licensed program or product, or any subset of the licensed program or product, except as provided for in this agreement or expressly in writing. The Online Lead Finder software is locked to one computer. Additional licensing fees apply. Any such unauthorized use shall result in immediate and automatic termination of this license and may result in criminal and/or civil prosecution.
The refund policy is determined by the specific product and offer. A product can be returned only if meeting the following conditions:
Please refer to your order form for the guarantee or warranty period if any. If no guarantee or warranty is listed on your order form then there is a 3-day return policy. Email admin @ DuncanWierman. dot com for return instructions with the date and location of your purchase. You will be sent and required to sign and return with the complete course, an affidavit indicating that you have removed all software, bookmarks, forms, documents, AND bonuses from your computer and that you have not made any copies of the program. No warranty or guarantee on scratch and dent courses, payment plan purchases or upgrades to current course versions. No verbal guarantees or warranties recognized. The monthly subscription fee shall not be refunded under any circumstances. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS.
You may cancel your subscription at any time from your own PayPal account. To cancel, simply log in to your PayPal account, go to History, then Subscription, and press “Cancel”. No further billing will be applied.
1) that your invoice specifically states that the product has a money back guarantee because not all products or offers have such a guarantee;2) that you request a refund in writing via first class US mail to address The Wierman Group, Attn: Refund Department, 306 Oak Brook Way Taylors, SC 29687 and delivered within the money back guarantee period, and for software products; The Software Destruction form has been signed and returned along with the original CD’s. A support ticket to request the software destruction form can be requested at http://www.jvfacilitationprofits.com/support
3) the software license was not activated by entering in your license code. Once activated, no refunds will be given under any circumstances.
4) if the 30-minute fast start mentoring call session was used, under no circumstances will a refund be given. Duncan Wierman’s time is billed at $500 per hour or part thereof. This consult included secret information to optimize your actions for your target market.
PERSONS EXCLUDED FROM THIS WEBSITE ARE STILL COVERED
PERSONS UNDER 18 YEARS OF AGE ARE EXCLUDED FROM THIS WEBSITE
This website is not lawfully accessible to persons under the age of 18 or who are otherwise covered by the provisions of the Child Online Privacy Act of 1998 (COPA). If you are under the age of 18 you must leave this site immediately. Fraudulent use of this website may make you subject to civil or criminal sanctions.
VIEWING AND/OR USE AND/OR COMMUNICATION IS CONSTRUED AS ACCEPTANCE OF THE TERMS OF THIS POLICY
ABOUT THE PERSONAL INFORMATION THIS WEBSITE COLLECTS AND HOW IT IS USED
This website routinely collects information about its visitors, subscribers, members, and customers. This information is obtained in various ways, such as:
VISITOR, SUBSCRIBER, MEMBER, OR CUSTOMER INFORMATION OBTAINED FROM ‘REGISTRATION’
Registration means that the Visitor, Subscriber, Member or Customer takes active, positive steps to communicate information to this website. This can include pages or ‘pop ups’ where you register for a newsletter or subscribe to a mailing list; it can include your participation in visitor surveys; it can include requesting information from the website via email, mail, or courier; it may be from joining an affiliate program or other membership organization, paid or unpaid; it may be from ordering a product.
Occasionally complete credit card information may be provided to the website via fax or a fill-in form rather than regular secure merchant service processing. This information is kept at the highest level of security and is never divulged to anyone except the merchant service provider or for the purpose of communication with the customer.
VISITOR EMAIL INQUIRIES
CUSTOMER EMAIL OR TESTIMONIALS
If you are a customer and send an email to the website, or if you communicate with the site by phone or mail, the website collects information about your communication and by communicating with the site you give your permission to collect, archive, retrieve, and otherwise use any information collected as the site sees fit.
Any communication which, in its sole discretion, the site deems to be a testimonial, may be publicized for commercial purposes.
INFORMATION OBTAINED FROM VISITOR INTERACTION WITH BANNERS, POPUPS, OR SITE ADVERTISERS
Visitors clicking on banners or pop-ups or hyperlinked advertising, appearing on this website must assume that information is being collected about them. This site is not responsible for the use of information collected in such a fashion. Visitors must assume that (1) information will be collected, (2) that ‘cookies’ will usually be placed on their hard drive, (3) that website does not have any control over what happens with this information, (4) that website takes no responsibility over the accuracy or content of advertisers, (5) that website is not responsible for downloads from third party advertisers that contain viruses or worms or other computer code that causes their computer or software harm, and (6) that website assumes no responsibility for the data that is garnered from the click itself or that the advertiser collects.
INFORMATION OBTAINED FROM REFERRING EMAIL OR REFERRING URLS
If you send a friend an email from this site or if you send the url or one of our web pages to a friend, you must assume that some data is collected about your IP address or your email address and that of your friend. You must assume that referred emails or web pages may appear to come from your email. You must accept fully responsibility for referring pages or email to a friend and agree to indemnify this site for any damage, intentional or unintentional that results from said referrals.
INFORMATION OBTAINED FROM VOLUNTARY VISITOR, SUBSCRIBER, MEMBER OR CUSTOMER SURVEYS
Unless otherwise specified in the survey, you must assume that any information provided to the website as part of a survey in which you participate may be used for general solicitation for commercial purposes and that such information will be shared with joint venture partners, affiliates, marketing organization or used by the site itself for product design or solicitation purposes.
INFORMATION OBTAINED FROM ELECTRONIC MEANS AND ‘COOKIES’
Many websites, including this one, collect information about your computer, your email address, your IP address. You must assume that your web-viewing or web-use activity is monitored, tracked, and information collected. This information is not usually of a personal nature, but it may help define your viewing habits and product preferences even though the website may or may not have any idea who you are.
“Cookies” is web jargon for bits of computer code placed on your hard drive. Websites use this to keep you ‘logged in’, to keep track of search criteria, to monitor use, to password protect use of the site or use of products sold by the site. Cookies can also be used to obtain information about your computer configuration or your use of your computer.
Cookies can be used to electronically gather information about you. Again, it may or may not be personal information, but it is information and by using this site you are expressly giving permission to use ‘cookies’ and to use the information gathered from their use to benefit you. You also give permission to collect, archive, retrieve, and use any information collected for product design, product offers to you, and general commercial solicitation purposes by this site or joint venture partners, affiliates, and marketing organizations.
HOW INFORMATION MAY BE USED
The use of information as described below may or may not be how information that is collected is customarily used by this site. While actual use of any information collected may be used quite conservatively, you must assume that it is not. You must assume that information collected is shared with other persons or entities for commercial purposes. While this is uncommon in practice, you must assume that it is as you make your decision whether or not to view or interact with this website. This type of shared information may include your name, address, phone number, email address and buying habits, as well as other information. This information may be used for general commercial solicitation by this website or other persons it is sold to, rented to, or shared with.
INFORMATION THAT IS NOT SHARED
Credit card information or other financial information is not usually known to the website. However, in the event that it is made known, that information is never revealed to anyone except to processing authorities or law enforcement agencies. However, the provider of such information gives express permission to use it in fraud investigation or for litigation.
BULLETIN BOARDS AND PUBLIC FORUMS
Visitors, subscribers, members, or customers who use any site provided bulletin boards or other public forums, such as chat rooms, do so at their own risk. You may not assume that the site monitors these services or protects you in any manner from information you post publicly or share with anyone else via these services.
By providing to this website information that forms the basis of communication with you, such as an email address, you waive all rights to file complaints concerning unsolicited email or spam from this website since, by providing such information, you agree to receive communication from us or other marketing organizations. However, all email communication with you shall contain an ‘unsubscribe’ link where you may notify the website that you no longer wish to receive solicitations or information from the website and your name will be removed from the general solicitation database.
This website takes measures to protect its data that contains information related to you. However, as a consideration for viewing this site or interacting with this site in any manner, you waive all claims of any nature against this site concerning the loss, alteration, or misuse of information. You must assume that it is possible for your personal data to be obtained by others, such as “hackers,” and used in an inappropriate manner that may cause you harm and that you agree that the site is not responsible for damages to you.
QUESTIONS, COMMENTS, OR REPORT OF INCIDENTS
You may direct questions, comments or reports to:
The Wierman Group,
306 Oak Brook Way
Taylors, SC 29687
Tel: 888 811 2991
The arbitration shall be conducted pursuant to the rules of the American Arbitration Association, which are in effect on the date a dispute is submitted to the American Arbitration Association. Information about the American Arbitration Association, its rules, and its forms are available from the American Arbitration Association, 335 Madison Avenue, Floor 10, New York, New York, 10017-4605. The hearing will take place in the city or county of The Wierman Group (seller).
In no case shall the Visitor have the right to go to court or have a jury trial. The visitor will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator’s decision will final and binding with limited rights of appeal.
The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, travel expenses.
JURISDICTION AND VENUE
If any matter concerning this purchase shall be brought before a court of law, pre- or post-arbitration, Visitor agrees to that the sole and proper jurisdiction to be the state and city declared in the contact information of the web owner unless otherwise here specified. Greenville, Greenville County, South Carolina. In the event that litigation is in a federal court, the proper court shall be the closest federal court to the Seller’s address.
Visitor agrees that the applicable law to be applied shall, in all cases, be that of the state of the Website owner(s) in South Carolina.