Subscriber Agreement
PLEASE READ THE TERMS AND CONDITIONS OF THIS SUBSCRIBER
AGREEMENT CAREFULLY. YOU ARE AGREEING TO BECOME A PARTY TO AND
BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS SUBSCRIBER
AGREEMENT.
Subscriber Agreement The Web site located at www.unleashprosperity.com
("Site") is provided by unleashprosperity.com. Your access to
and use of the Site is governed by this Subscriber Agreement
("Agreement"). As used in this Agreement,
"unleashprosperity.com," "we," "us'" or "our" refers to
unleashprosperity.com, and "you" or "your" refers to you, the
user of the Site. The Agreement below is the agreement you
consented to upon subscribing to the site. The Agreement does
not apply to use of the publicly available Web Site maintained
by unleashprosperity.com.
1. Access and Passwords
As part of the subscription process for this Site, you have
selected or been assigned a particular username and password in
accordance with unleashprosperity.com's username and password
guidelines. YOU AGREE THAT YOU ARE THE ONLY INDIVIDUAL ENTITLED
TO ACCESS THE SITE USING YOUR USERNAME OR PASSWORD, AND YOU
AGREE NOT TO PERMIT OTHERS TO ACCESS THE SITE USING YOUR
USERNAME OR PASSWORD. You agree that all actions taken by you,
or any other user that accesses the Site using your username
and password, at or through the Site will be attributed to and
legally bind you, even with respect to acts for which the user
had no actual authority or made an error. You assume all
resulting liability from use of the Site and any services
available on it by you or others using your username or
password. If you lose your username or password, please contact
us at: anthony@unleashprosperity.com.
2. Subscription Fees and Payments You can always find the
current Subscription Fees posted on our site. Your subscription
will continue and renew automatically, unless terminated by
unleashprosperity.comor until you notify unleashprosperity.com
by email or as designated on the Site of your decision to
terminate your subscription. If there are any annual, monthly,
or similar periodic fees for your subscription, these fees will
be billed automatically to the credit card designated during
the registration process for the Site or subsequently
designated by you to unleashprosperity.com, at the start of the
annual, monthly, or similar period, and at the start of each
renewal period, unless you terminate your subscription before
the relevant period begins. You agree to pay or have paid all
fees and charges incurred in connection with your username and
password for the Site (including any applicable taxes) at the
rates in effect when the charges were incurred. All fees and
charges are nonrefundable. unleashprosperity.com may change the
fees and charges then in effect, or add new fees or charges, by
giving you notice in advance. All fees and charges incurred in
connection with your unleashprosperity.com username and
password will be billed to the credit card designated during
the registration process for the Site or subsequently
designated by you to unleashprosperity.com. If you want to
designate a different card or there is a change in credit card
validity or expiration date, or if you believe someone has
accessed the Site using your username and password without your
authorization, you may email us at anthony@unleashprosperity.com.
You are also responsible for any fees or charges incurred to
access the Site through an Internet service provider or other
third party service. YOU, AND NOT unleashprosperity.com, ARE
RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD
BY A THIRD PARTY WHICH WERE NOT AUTHORIZED BY YOU.
3. Privacy
Our Privacy Notice is a part of this Agreement and its terms
are incorporated herein by this reference. Please read it now
at the link on our site.
4. User Conduct
The Site may contain bulletin board services, news groups,
forums, and/or other message or communication facilities
("Communication Services") designed to enable you to
communicate with others. You agree to use the Communication
Services only to submit or post messages and material that are
proper and, when applicable, related to the particular
Communication Service. You are also prohibited from submitting
to, posting or transmitting through unleashprosperity.com any
unlawful, harmful, threatening, abusive, harassing, defamatory,
vulgar, obscene, sexually explicit, profane, hateful, racially,
ethnically, or otherwise objectionable material of any kind,
including but not limited to any material that encourages
conduct that would constitute a criminal offense, give rise to
civil liability, or otherwise violate any applicable local,
state, national, or international law. Content that consists of
or contains software viruses, political campaigning, commercial
solicitation, chain letters, mass mailings, or any form of
"spam" is prohibited. You may not use a false email or postal
address, impersonate any person or entity, or otherwise mislead
as to the origin of your posted content. Any opinions, advice,
statements, services, offers, or other information that
constitutes part of the content expressed or made available by
third parties are those of the respective authors or
distributors and not of unleashprosperity.com nor its
affiliates, not any of their officers, directors, employees, or
agents. You acknowledge that unleashprosperity.com does not
pre-screen all content, but that unleashprosperity.com and its
designees shall have the right (but not the obligation) in
their sole discretion to refuse or move any content that is
made available via the Communication Services. Without limiting
the foregoing, unleashprosperity.com and its designees shall
have the right to remove any content that violates this
Agreement or is otherwise objectionable. You specifically agree
that unleashprosperity.com is not responsible for any content
sent using and/or included in the Site by any third party.
5. Copyright and Restrictions
This Web site contains proprietary material of
unleashprosperity.com (or material that other suppliers have
licensed to unleashprosperity.com for their use) which is
protected by copyright and other laws respecting proprietary
rights. unleashprosperity.com retains all rights in the
material and media, including (without limitation) all
copyright and other proprietary rights worldwide in all media.
You may not use unleashprosperity.com except as expressly
permitted under this Agreement and under U.S. copyright laws.
Any routine and/or systematic redistribution of any portion of
the products licensed herein is expressly prohibited.End users
who are duly authorized may Access unleashprosperity.com for
individual use, i.e., may view the information on screen; may
download small portions of the information to a computer disk
for personal convenience and later reference; and may print
paper copies of small portions for personal use only. The
rights granted here are an expansion of the rights granted
under the Copyright Act and do not include any rights to
reproduce in its entirety any portion of the information or
materials contained therein. No part of the information may be
duplicated in any medium or format beyond the express terms of
this Agreement without prior written authorization from
unleashprosperity.com. Any use not authorized by the Agreement
is prohibited and is not a fair use under the U.S. copyright
law.You acknowledge that the information (and the licensed
materials contained therein) is highly proprietary in nature
and that unauthorized copying, transfer or use may cause
unleashprosperity.com and/or unleashprosperity.com’s suppliers
irreparable injury that cannot be adequately compensated for by
means of monetary damages. You agree that any breach of this
provision by you, or any subscriber or end-user, may be
enforced by unleashprosperity.com, and/or any of
unleashprosperity.com’s suppliers, by means of equitable relief
(including, but not limited to, injunctive relief) in addition
to any other available rights and remedies.You agree that any
supplier of any portion of the licensed materials may enforce
its rights against you, even though that supplier is not a
party to the Agreement.You may not and may not permit others
to: reproduce, publish, distribute, sell, or otherwise access
or use any material retrieved from or contained in or on this
Site in any manner whatsoever that may infringe any copyright
or proprietary interest of unleashprosperity.com; distribute
the information contained in and/on this Site to other users
not duly authorized to Access the Site; distribute, rent,
sublicense, lease, transfer or assign the information or
Agreement; decompile, disassemble, or otherwise
reverse-engineer this Site or information contained in or on
this Site or any software contained therein, or alter,
translate, modify, or adapt it to create derivative works.
Unauthorized reproduction, transfer, and/or use may be a
violation of criminal as well as civil law.You are expressly
prohibited from placing or installing any portion of the
information on any electronic media, including, but not limited
to, local or wide area networks, timesharing services, multiple
processing units, multiple site arrangements, service or
software rental bureaus, list servers, online services,
electronic bulletin boards or forums, World Wide Web sites or
any other server that is Internet-enabled, without written
authorization by unleashprosperity.com.If you breach any
provision of this Agreement, unleashprosperity.com may
immediately terminate this Agreement and all licenses granted
hereunder without prior notice and in addition to any other
available rights and remedies
6. Limitations on Use
The following activities are prohibited. You agree not to:
a. Use Web-accelerated browsers or products (including but not
limited to NetJet, NetSonic, MSIECrawler and Teleport-Pro), or
other applications that are capable of copying large portions
of content from the Site. unleashprosperity.com can detect the
use of these systems through live logfile analysis and will ban
any future use by offenders.
b. Use robots and crawlers, or similar technology, without
following the robot guidelines (found at http://info.webcrawler.com/mak/projects/robots.html).
We are able to detect robots violating the guidelines and we
will ban any offenders. If you are using a robot/crawler to
check unleashprosperity.com links, it must operate according to
the robot guidelines (see above). Do not leave new robots
unattended and allow a minimum of 1 minute between automated
requests.
c. Use any device, software or routine or the like to
interfere or attempt to interfere with any Site
functionality;
d. Take any action that imposes an unreasonable or
disproportionately large load on the Site infrastructure;
e. Use any email addresses appearing on the Site for
purposes not relating specifically to the Site;
f. Access the Site by any means other than through the
interface that is provided by unleashprosperity.com, or attempt
or access any area of the Site to which your access is not
authorized; or
g. Reverse engineer, reverse assemble or otherwise attempt
to discover any source code relating the Site, except to the
extent that such activity is expressly permitted by applicable
law notwithstanding this limitation.
7. Accuracy and Availability of Information The Site
contains database information and other content compiled by
unleashprosperity.com. While we use commercially reasonable
efforts to provide accurate information, unleashprosperity.com
gives no warranty as to the accuracy of the database and other
content on the Site. unleashprosperity.com reserves the right
to withdraw or delete information or content from the Site at
any time.
8. Links to Third Party Sites unleashprosperity.com does not
endorse the content on any third-party Web site, including Web
sites of unleashprosperity.com's affiliates ("Third-Party
Sites"). unleashprosperity.com is not responsible for the
content of Third-Party Sites that you reach through links on
the Site, sites framed within the Site, or third-party
advertisements on the Site, and we do not make any
representations regarding their content or accuracy. Your use
of Third-Party Sites is at your own risk andsubject to the
terms and conditions of use for such sites. Any transaction
that you conduct at a Third-Party site will be between you and
the party providing that Web site. This means that
unleashprosperity.com is not your agent and is not a party to
any transaction at a Third-Party Site.
9. Representations and Warranties
You represent and warrant to unleashprosperity.com that: (a)
you possess the legal right and ability to enter into this
Agreement; (b) all information submitted by you to the Site is
true and accurate; (c) you will be responsible for all use of
your username and password even if such use was conducted
without your authority or permission; (d) you are at least 18
years old; and (e) you will not use the Site for any purpose
that is unlawful or prohibited by this Agreement.
10. Disclaimer of Warranties
ALL CONTENT, SOFTWARE, AND OTHER SERVICES PROVIDED AT OR FOUND
WITHIN THIS SITE BY unleashprosperity.com AND ITS AFFILIATES
ARE PROVIDED "AS IS" AND "WITH ALL FAULTS," WITHOUT WARRANTIES
OF ANY KIND, AND unleashprosperity.com AND ITS AFFILIATES
HEREBY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY,
INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NONINFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITING THE
GENERALITY OF THE FOREGOING, unleashprosperity.com DOES NOT
MAKE ANY WARRANTIES REGARDING THE FOLLOWING: (a) AVAILABILITY
OF THE SITE AT ANY PARTICULAR TIME; (b) ACCURACY OF THE CONTENT
OR HOW CURRENT ANY CONTENT IS THAT IS FOUND ON THE SITE; (c)
TRANSMISSIONS TO, FROM OR WITHIN THE SITE; (d) FUNCTIONALITY;
(e) LACK OF VIRUSES; (f) COMPLIANCE OF THE SOFTWARE, SERVICES
AND CONTENT PROVIDED UNDER THIS AGREEMENT WITH UNITED STATES,
FEDERAL OR STATE LAWS; OR (g) THAT THE SOFTWARE, CONTENT OR
SERVICES CONTAINED IN THE SITE WILL MEET ANY PARTICULAR
CRITERIA OF PERFORMANCE OR QUALITY.
11. Limitation of Damages
IN NO EVENT WILL unleashprosperity.com OR ANY OF ITS AFFILIATES
BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR
SPECIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION
DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF OR
UNAUTHORIZED ACCESS TO INFORMATION, AND THE LIKE, EVEN IN THE
EVENT OF FAULT, TORT, BREACH OF CONTRACT, OR BREACH OF
WARRANTY, AND EVEN IF unleashprosperity.com HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
12. Limitation of Liability; Exclusive Remedy
ALSO, IN NO EVENT WILL unleashprosperity.com OR ANY OF ITS
AFFILIATES BE LIABLE TO YOU AND/OR ANY AGENCY FOR ANY AMOUNT IN
EXCESS OF THE TOTAL DOLLAR AMOUNT ACTUALLY RECEIVED BY
unleashprosperity.com FROM YOU FOR ACCESS TO THE SITE AND ANY
OF THE SERVICES AVAILABLE AT THE SITE DURING THE YEAR PRIOR TO
YOUR CLAIM.
13. Indemnity
You agree to indemnify and hold us harmless, and pay our
attorney's fees and costs, if we become liable for or incur any
damages in connection with your breach of this Agreement. You
may not settle any dispute without our prior consent, which may
only be given in a non-electronic writing signed by an
authorized representative of unleashprosperity.com.
14. Consent to Electronic Notices and Other
Communications
You agree that all of your transactions relating to the Site
may, at our option, be conducted electronically, including any
that we are otherwise required to provide in "writing". For
example, we may send you notices via postings at the Site or
via email to any email address that you provide to us during
registration as a Site member. If you do not wish to deal with
us electronically, you should not use the Site or enter into
this Agreement. If applicable law now or later requires us to
communicate with you non-electronically, we reserve the right
to charge a fee for doing so. Notice will be deemed given 24
hours after the email is sent, unless (for email) we are
notified that the email address is invalid. Alternatively, we
may give you notice by mail to the address provided during
registration.
15. Print a Copy for Your Records
You agree to print or make an electronic copy of this Agreement
(and any amendment from time to time) and retain it in your
records. You also agree to make a copy of any other information
that we deliver to you in writing.
16. Termination
unleashprosperity.com may terminate your subscription and/or
access, or suspend access to all or part of the Site, without
notice, for any conduct that unleashprosperity.com, in its sole
discretion, believes is in violation of this Agreement, any
applicable law, or any act which is harmful to the interests of
another user, service provider, or unleashprosperity.com.
unleashprosperity.com may also elect not to renew your
subscription and access by providing a notice of nonrenewal
prior to the end of your current subscription term. Applicable
sections of this agreement will survive any termination or
expiration of this Agreement.
17. Assignment
You agree not to assign your rights under this Agreement
without the consent of an authorized representative of
unleashprosperity.com in a non-electronic record, and any
assignment without unleashprosperity.com's consent will be
voidable at unleashprosperity.com's option. This Agreement will
inure to the benefit of and bind the parties' respective
successors and permitted assigns.
18. Applicable Law and Disputes
This Agreement is governed by the laws of the State of South
Carolina, without regard to principles of conflict of laws. To
the extent you have in any manner violated or threatened to
violate unleashprosperity.com and/or its affiliates'
intellectual property rights, unleashprosperity.com and/or its
affiliates may seek injunctive or other appropriate relief in
any state or federal court in the State of South Carolina, and
you consent to exclusive jurisdiction and venue in such
courts.Any other disputes will be resolved as follows:If a
dispute arises under this agreement, we agree to first try to
resolve it with the help of a mutually agreed-upon mediator in
the following location: Beaufort South Carolina. Any costs and
fees other than attorney fees associated with the mediation
will be shared equally by each of us.If it proves impossible to
arrive at a mutually satisfactory solution through mediation,
we agree to submit the dispute to binding arbitration at the
following location: anthony@unleashprosperity.com,
under the rules of the American Arbitration Association.
Judgment upon the award rendered by the arbitration may be
entered in any court with jurisdiction to do so.
19. Amendments
unleashprosperity.com may change the provisions of this
Agreement. When unleashprosperity.com changes the terms of this
Agreement, unleashprosperity.com will notify you by email or
online postings on this Site. The changes will also appear in
this document, which you can access any time. You already
agreed to be bound by the changes when you first subscribed to
the site. If you do not agree to be bound by the changes, you
should not use the Site again and you should cancel your
subscription to the Site. Even if you have not clicked on the
"I Agree" button or checked the I agree box when subscribing,
if you use the Site after you have been notified of a change to
this Agreement, you are agreeing now to be bound by that
change.
20. Entire Agreement; Severability; No Waiver
This Agreement (including all documents incorporated by
reference) is the entire agreement between the parties for its
subject matter and supercedes all prior and contemporaneous
communications between the parties. No term of this Agreement
may be waived by unleashprosperity.com except in a signed,
non-electronic writing signed by an authorized representative
of unleashprosperity.com.
21. General
If any provision of this Agreement is found by a court of
competent jurisdiction to be invalid, the parties agree that
its remaining provisions will remain in full force and effect,
provided that the allocation of risks described herein is given
effect to the fullest extent possible. Our failure to act with
respect to a breach by you or others does not waive our right
to act with respect to subsequent or similar breaches. You
agree that no joint venture, partnership, employment or agency
relationship exists between you and unleashprosperity.com or
its affiliates as a result of this Agreement or your use of the
Site
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