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