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WEBSITE TERMS OF USE
1. AGREEMENT
These Terms of Use (the “Agreement”)
constitute a legally binding agreement by and between
bigmoneyinmail.com (“BMIM.com”) and you (“You”
or “Your”) concerning Your use of BMIM.com’s
website (the “Website”) and the services
available through the Website (the “Services”).
By using the Website, You represent and warrant that You
have read and understood, and agree to be bound by, the
Agreement and BMIM.com’s (the “Privacy Policy”).
IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR DO NOT AGREE
TO BE BOUND BY IT OR THE PRIVACY POLICY, YOU MUST
IMMEDIATELY LEAVE THE WEBSITE AND CEASE USING THE
SERVICES.
2. PRIVACY POLICY
By using the Website, You
consent to the collection and use of certain information
about You, as specified in the Privacy Policy. BMIM.com
encourages users of the Website to frequently check
BMIM.com’s Privacy Policy for changes.
3. CHANGES TO
AGREEMENT AND PRIVACY POLICY
Internet technology and
the applicable laws, rules, and regulations change
frequently. ACCORDINGLY, BMIM.COM RESERVES THE RIGHT TO
CHANGE THIS AGREEMENT AND ITS PRIVACY POLICY AT ANY TIME
UPON NOTICE TO YOU, TO BE GIVEN BY THE POSTING OF A NEW
VERSION OR A CHANGE NOTICE ON THE WEBSITE. IT IS YOUR
RESPONSIBILITY TO REVIEW THIS AGREEMENT AND THE PRIVACY
POLICY PERIODICALLY. IF AT ANY TIME YOU FIND EITHER
UNACCEPTABLE, YOU MUST IMMEDIATELY LEAVE THE WEBSITE AND
CEASE USING THE SERVICES. Unless BMIM.com obtains Your
express consent, any revised Privacy Policy will apply
only to information collected by BMIM.com after such
time as the revised Privacy Policy takes effect, and not
to information collected under any earlier Privacy
Policies.
4. ELIGIBILITY
BY USING THE WEBSITE OR
SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT
LEAST 18 YEARS OLD AND ARE OTHERWISE LEGALLY QUALIFIED
TO ENTER INTO AND FORM CONTRACTS UNDER APPLICABLE LAW.
This Agreement is void where prohibited.
5. LICENSE
Subject to Your
compliance with the terms and conditions of this
Agreement, BMIM.com grants You a non-exclusive, non-sub
licensable, revocable as stated in this Agreement,
non-transferable license to use the Website and
Services. The Website, or any portion of the Website,
may not be reproduced, duplicated, copied, modified,
sold, resold, distributed, visited, or otherwise
exploited for any commercial purpose without the express
written consent of BMIM.com. Except as expressly set
forth herein, this Agreement grants You no rights in or
to the intellectual property of BMIM.com or any other
party. The license granted in this section is
conditioned on Your compliance with the terms and
conditions of this Agreement. In the event that You
breach any provision of this Agreement, Your rights
under this section will immediately terminate.
6. USER INFORMATION
In connection with Your
use of certain Services, You may be required to complete
a registration form. You represent and warrant that all
information You provide on any registration form or
otherwise in connection with Your use of the Website and
Services will be complete and accurate, and that You
will update that information as necessary to maintain
its completeness and accuracy.
7. THE WEBSITE DOES
NOT PROVIDE PROFESSIONAL SERVICES OR ADVICE
The Website and Services
are provided for informational purposes only. THE
WEBSITE DOES NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT
BE INTERPRETED AS, PROFESSIONAL FINANCIAL, LEGAL, OR TAX
ADVICE OR OPINION. BMIM.com is not a financial, legal,
or tax professional, and BMIM.com does not provide
financial, legal, or tax services or render financial,
legal or tax advice. The Website and Services are not a
substitute for the advice of financial, legal, or tax
professionals, and the information made available via
the Website and Services should not be relied upon when
making financial, legal or tax decisions. If you require
financial, legal, or tax advice or services, You should
consult a financial, legal, or tax professional.
8. NO
REPRESENTATIONS REGARDING INCOME POTENTIAL
Any earnings or income
statements contained in the Website are examples or
estimates only. EARNINGS OR INCOME STATEMENTS ARE NOT
INTENDED, AND SHOULD NOT BE INTERPRETED BY YOU, AS A
REPRESENTATION, WARRANTY OR GUARANTEE OF AVERAGE
EARNINGS OR FUTURE EARNINGS OR RESULTS. BMIM.COM MAKES
NO REPRESENTATIONS OR WARRANTIES REGARDING POTENTIAL
INCOME THAT MAY RESULT FROM YOUR USE OF THE WEBSITE AND
SERVICES, AND BMIM.COM SPECIFICALLY DISCLAIMS ANY AND
ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR
OTHERWISE, WITH RESPECT TO SAME. When specific earnings
or income figures are attributed to an individual or
business, those persons or business have earned that
amount; however, past earnings or results of
third-parties cannot, and should not, be used by You to
indicate or project Your future earnings or results. You
hereby acknowledge and understand that Your use of the
Website and Services may result in financial losses. YOU
KNOWINGLY AND FREELY ASSUME ALL RISK WHEN USING THE
WEBSITE AND SERVICES.
9. THIRD-PARTY
WEBSITES
The Website may be linked
with the websites of third parties (“Third-Party
Websites”), some of whom have established
relationships with BMIM.com and some of whom do not.
BMIM.com does not have control over the content and
performance of Third-Party Websites. BMIM.COM HAS NOT
REVIEWED, AND CANNOT REVIEW OR CONTROL, ALL OF THE
MATERIAL, INCLUDING COMPUTER SOFTWARE OR OTHER GOODS OR
SERVICES, MADE AVAILABLE ON OR THROUGH THIRD-PARTY
WEBSITES. ACCORDINGLY, BMIM.COM DOES NOT REPRESENT,
WARRANT OR ENDORSE ANY THIRD-PARTY WEBSITE, OR THE
ACCURACY, CURRENCY, CONTENT, FITNESS, LAWFULNESS OR
QUALITY OF THE INFORMATION, MATERIAL, GOODS OR SERVICES
AVAILABLE THROUGH THIRD-PARTY WEBSITES. BMIM.COM
DISCLAIMS, AND YOU AGREE TO ASSUME, ALL RESPONSIBILITY
AND LIABILITY FOR ANY DAMAGES OR OTHER HARM, WHETHER TO
YOU OR TO THIRD PARTIES, RESULTING FROM YOUR USE OF
THIRD-PARTY WEBSITES.
10. RETURN POLICY
All sales made through
the Website come with NO REFUND. UNDER NO CIRCUMSTANCES
WILL BMIM.COM OFFER A REFUND ON THE PURCHASE OF THE
MILLION MAIL PROGRAM MASTER START UP KIT OR THE CD ROM.
CONSENT TO RECEIVE EMAIL
By providing your email
address, You consent to receive periodic email
communications from BMIM.com concerning BMIM.com’s
products and services, including without limitation,
order confirmations, newsletters, new product
information, announcements, special deals, and inquiries
regarding the quality of our service and other matters.
You may opt-out of receiving email communications at any
time by (a) following the unsubscribe instructions
contained in each email; or (c) sending an email to
bigmoneyinmail@gmail.com
11. PROHIBITED USES
BMIM.com imposes certain
restrictions on Your use of the Website and the
Services. You represent and warrant that you will not:
(a) violate or attempt to violate any security features
of the Website or Services; (b) copy or otherwise
duplicate, directly or indirectly, any portion of the
Website, including without limitation, all designs,
information, photographs, images, drawings, videos,
music, text, typefaces, graphics, products, code, and
other files, and the selection, arrangement and
organization thereof (collectively, “BMIM.com Content”);
(c) use any software that enables copying or duplication
of BMIM.com Content for later off-line viewing; (d)
distribute, display, modify, transmit, resell, reuse, or
repost BMIM.com Content in any electronic form,
including any online service, the Internet or any other
telecommunications medium which now exists or shall
exist in the future, for any purpose, without the prior
written permission of BMIM.com; (e) access content or
data not intended for You, or log onto a server or
account that You are not authorized to access; (f)
attempt to probe, scan, or test the vulnerability of the
Services, the Website, or any associated system or
network, or breach security or authentication measures
without proper authorization; (g) interfere or attempt
to interfere with the use of the Website or Services by
any other user, host or network, including, without
limitation by means of submitting a virus, overloading,
“flooding,” “spamming,” “mail bombing,” or “crashing”;
(h) use the Website or Services to send unsolicited
e-mail, including without limitation promotions or
advertisements for products or services; (i) forge any
TCP/IP packet header or any part of the header
information in any e-mail or in any uploading or posting
to, or transmission, display, performance or
distribution by means of, the Website or Services; or
(j) attempt to modify, reverse-engineer, decompile,
disassemble or otherwise reduce or attempt to reduce to
a human-perceivable form any of the source code used by
BMIM.com in providing the Website or Services. Any
violation of this section may subject You to civil
and/or criminal liability.
12. INTELLECTUAL PROPERTY
The Website, all content
and materials located on the Website, including without
limitation the Professional Marketing Design name and
any logos, designs, text, graphics and other files, and
the selection, arrangement and organization thereof, are
the intellectual property of BMIM.com or its licensors.
Except as explicitly provided, neither Your use of the
Website and Services, nor your entry into this
Agreement, grant You any right, title or interest in or
to any such content or materials. BIG MONEY IN MAIL,
BIGMONEYINMAIL.COM, BIG MONEY IN MAIL SYSTEM, (the “BMIM.com
Marks”) are trademarks or registered trademarks of
bigmoneyinmial.com. The Website is Copyright © 2010 to
the present, bigmoneyinmial.com. ALL RIGHTS ARE
RESERVED.
13. DISCLAIMERS;
LIMITATION OF LIABILITY
(a) NO WARRANTIES.
BMIM.COM, ON BEHALF OF
ITSELF AND ITS LICENSORS AND SUPPLIERS, HEREBY DISCLAIMS
ALL WARRANTIES. THE WEBSITE AND SERVICES ARE PROVIDED
“AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT
PERMITTED BY LAW, BMIM.COM, ON BEHALF OF ITSELF AND
LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL
WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE,
INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NONINFRINGEMENT. BMIM.COM AND ITS LICENSORS OR SUPPLIERS
DOES NOT WARRANT THAT THE WEBSITE OR THE SERVICES WILL
MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE
WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED OR
ERROR-FREE. NEITHER BMIM.COM NOR ITS LICENSORS OR
SUPPLIERS HAS ANY LIABILITY WHATSOEVER FOR YOUR USE OF
THE WEBSITE OR SERVICES.
(b) YOUR RESPONSIBILITY
FOR DAMAGE
YOU AGREE THAT YOUR USE
OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK. YOU
WILL NOT HOLD BMIM.COM OR ITS LICENSORS AND SUPPLIERS,
AS APPLICABLE, RESPONSIBLE FOR ANY DAMAGE THAT RESULTS
FROM YOUR ACCESS TO OR USE OF THE WEBSITE, INCLUDING
WITHOUT LIMITATION ANY DAMAGE TO ANY OF YOUR COMPUTERS
OR DATA. THE INFORMATION AND SERVICES MAY CONTAIN BUGS,
ERRORS, PROBLEMS OR OTHER LIMITATIONS.
(c) LIMITATION OF
LIABILITY
THE LIABILITY OF BMIM.COM
AND ITS LICENSORS AND SUPPLIERS IS LIMITED. TO THE
MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL
BMIM.COM OR ITS LICENSORS OR SUPPLIERS BE LIABLE FOR
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST
PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION,
LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY INCLUDING
WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE,
NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE
FORESEEABILITY OF THOSE DAMAGES OR OF ANY ADVICE OR
NOTICE GIVEN TO BMIM.COM OR ITS LICENSORS AND SUPPLIERS
ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE
WEBSITE OR SERVICES. THIS LIMITATION SHALL APPLY
REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF
CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF
ACTION. ADDITIONALLY, THE MAXIMUM LIABILITY OF BMIM.COM
AND ITS LICENSORS AND SUPPLIERS TO YOU UNDER ALL
CIRCUMSTANCES WILL BE EQUAL TO THE AGGREGATE PRICE YOU
PAID TO BMIM.COM DURING THE YEAR PRECEDING THE INCIDENT
OR INCIDENTS GIVING RISE TO SUCH LIABILITY. YOU AGREE
THAT THIS LIMITATION OF LIABILITY REPRESENTS A
REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL
ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN BMIM.COM AND
YOU. THE WEBSITE AND SERVICES WOULD NOT BE PROVIDED
WITHOUT SUCH LIMITATIONS.
(d) APPLICATION
THE ABOVE DISCLAIMERS,
WAIVERS AND LIMITATIONS DO NOT IN ANY WAY LIMIT ANY
OTHER DISCLAIMER OF WARRANTIES OR ANY OTHER LIMITATION
OF LIABILITY IN ANY OTHER AGREEMENT BETWEEN YOU AND
BMIM.COM OR BETWEEN YOU AND ANY OF BMIM.COM’S LICENSORS
AND SUPPLIERS. SOME JURISDICTIONS MAY NOT ALLOW THE
EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE
LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE
DISCLAIMERS, WAIVERS AND LIMITATIONS OF LIABILITY MAY
NOT APPLY TO YOU. UNLESS LIMITED OR MODIFIED BY
APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND
LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED,
EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
BMIM.COM’S LICENSORS AND SUPPLIERS ARE INTENDED
THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS, WAIVERS
AND LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL
OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITE OR
OTHERWISE SHALL ALTER ANY OF THE DISCLAIMERS OR
LIMITATIONS STATED IN THIS SECTION.
14. GENERAL
REPRESENTATION AND WARRANTY
You represent and warrant
that Your use of the Website and Services will be in
accordance with this Agreement and any other BMIM.com
policies, and with any applicable laws or regulations.
15. INDEMNITY BY YOU
You agree to defend,
indemnify and hold harmless BMIM.com and its officers,
directors, employees, agents, affiliates,
representatives, sublicensees, successors, assigns, and
contractors (collectively, the “BMIM.com Parties”)
from and against any and all claims, actions, demands,
causes of action and other proceedings (collectively, “Claims”),
including but not limited to legal costs and fees,
arising out of or relating to: (i) Your breach of this
Agreement, including without limitation any
representation or warranty contained in this Agreement;
(ii) Your access to or use of the Website or Services;
or (iii) Your provision to BMIM.com or any of BMIM.com
Parties of information or other data.
BMIM.com Parties will
have the right, but not the obligation, to participate
through counsel of their choice in any defense by You of
any Claim as to which You are required to defend,
indemnify or hold harmless BMIM.com Parties. You may
not settle any Claim without the prior written consent
of the concerned BMIM.com Parties.
16. GOVERNING LAW;
JURISDICTION AND VENUE
This Agreement, including
without limitation its construction and enforcement,
shall be treated as though it were executed and
performed in Lake Charles, Louisiana, and shall be
governed by and construed in accordance with the laws of
the State of Louisiana without regard to its conflict of
law principles. ANY CAUSE OF ACTION BY YOU ARISING OUT
OF OR RELATING TO THIS AGREEMENT OR THE WEBSITE MUST BE
INSTITUTED WITHIN ONE (1) YEAR AFTER IT AROSE OR BE
FOREVER WAIVED AND BARRED. THE PROPER VENUE FOR ANY
JUDICIAL ACTION ARISING OUT OF OR RELATING TO THIS
AGREEMENT OR THE WEBSITE WILL BE THE STATE AND FEDERAL
COURTS IN Lake Charles or Baton Rouge, LOUISIANA. THE
PARTIES HEREBY STIPULATE TO, AND AGREE TO WAIVE ANY
OBJECTION TO, THE PERSONAL JURISDICTION AND VENUE OF
SUCH COURTS, AND FURTHER EXPRESSLY SUBMIT TO
EXTRATERRITORIAL SERVICE OF PROCESS.
17. TERMINATION
Either party may
terminate this Agreement and its rights hereunder at any
time, for any or no reason at all, by providing to the
other party notice of its intention to do so. This
Agreement shall automatically terminate in the event
that You breach any of this Agreement’s representations,
warranties or covenants. Such termination shall be
automatic, and shall not require any action by BMIM.com.
Upon termination, all rights and obligations created by
this Agreement will terminate, except that Sections 1-3,
7-10, 12-17 and 19-20 will survive any termination of
this Agreement. For clarification, termination of this
Agreement will not relieve You of Your obligation to pay
any fees owed BMIM.com.
IMMEDIATE TERMINATION - RELATED TO THE MILLION MAIL
PROGRAM
BMIM.com has provided a No
Cost Marketing System for an independent member of The
Million Mail Program. BMIM.com reserves the right to
suspend or terminate your account with regards to the
following:
Stacking: Including but
not limited to:
-- Placing two centers in
your personal name to receive both payments
-- Recruiting your spouse
or family member for the benefit of receiving both
payments
-- Offering the million
mail program for only your payment
-- Any action towards
preventing your sponsor in the million mail program to
be left out of the sales process and receiving
overrides.
18. NOTICES
All notices required or
permitted to be given under this Agreement must be in
writing. BMIM.com shall give any notice by email sent to
the most recent email address, if any, provided by the
intended recipient to BMIM.com. You agree that any
notice received from BMIM.com electronically satisfies
any legal requirement that such notice be in writing.
YOU BEAR THE SOLE RESPONSIBILITY OF ENSURING THAT YOUR
EMAIL ADDRESS ON FILE WITH BMIM.COM IS ACCURATE AND
CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE
UPON THE SENDING BY BMIM.COM OF AN EMAIL TO THAT
ADDRESS. You shall give any notice to BMIM.com by means
of: (1) fax at: 337-478-3835; or U.S. mail, postage
prepaid, to Attn: Compliance Department Wealth Building
Group, LLC 4845 Lake St #137 Lake Charles, LA 70605.
19. GENERAL
This Agreement
constitutes the entire agreement between BMIM.com and
You concerning Your use of the Website and Services.
This Agreement may only be modified by a written
amendment signed by an authorized executive of BMIM.com
or by the unilateral amendment of this Agreement by
BMIM.com and by the posting by BMIM.com of such amended
version. If any part of this Agreement is held invalid
or unenforceable, that part will be construed to reflect
the parties’ original intent, and the remaining portions
will remain in full force and effect. A waiver by either
party of any term or condition of this Agreement or any
breach thereof, in any one instance, will not waive such
term or condition or any subsequent breach thereof. This
Agreement and all of Your rights and obligations
hereunder will not be assignable or transferable by You
without the prior written consent of BMIM.com. This
Agreement will be binding upon and will inure to the
benefit of the parties, their successors and permitted
assigns. You and BMIM.com are independent contractors,
and no agency, partnership, joint venture or
employee-employer relationship is intended or created by
this Agreement. Except as set forth in Sections 14 and
16 there are no third-party beneficiaries to this
Agreement. You acknowledge and agree that any actual or
threatened breach of this Agreement or infringement of
proprietary or other third party rights by You would
cause irreparable injury to BMIM.com and BMIM.com’s
licensors and suppliers, and would therefore entitle
BMIM.com or BMIM.com’s licensors or suppliers, as the
case may be, to injunctive relief. The headings in this
Agreement are for the purpose of convenience only and
shall not limit, enlarge, or affect any of the
covenants, terms, conditions or provisions of this
Agreement.
Effective Date:
10/01/2009 Copyright Wealth Building Group, LLC |