You (the website visitor) may be
referred to as Licensee.
The terms 'You' or 'Licensee' includes you and any of your
owners, employees, partners, independent contractors, subsidiaries,
affiliates, attorneys, agents, heirs, and
We (the website owner) may be
referred to as Licensor. The terms 'Us,' 'We,' or 'Licensor' includes us
and any of our owners, employees, subsidiaries, independent contractors,
agents, attorneys, and assigns.
You must be at least 18 years
old to access this website or to purchase products or services from
We do not direct this website to
minors, nor do we knowingly collect any personal information from
children under the age of thirteen.
ALL CONTENT IS PROVIDED "AS IS"
AND ANY AND ALL WARRANTIES ARE DISCLAIMED, WHETHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE.
Our cumulative liability to you
or anyone else for any loss or damages resulting from any claims,
demands, or actions arising out of or relating to this Agreement or use
of the content or website shall not exceed the amount you have paid to
us for the product or service. In no event shall we be liable for any
indirect, incidental, consequential, special, or exemplary damages or
lost profits, even if we have been advised of the possibility of such
damages. You agree that the foregoing constitutes your sole and
exclusive remedy for any breach of this Agreement. SOME STATES DO NOT
ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT
APPLY TO YOU.
There is no promise or
representation that you will make a certain amount of money, or any
money, or not lose money, as a result of using our products and
Any earnings, revenue, or income
statements are strictly estimates.
There is no guarantee that you will make these levels for
yourself. As with any business, your results will vary and will be based
on your personal abilities, experience, knowledge, capabilities, level
of desire, and an infinite number of variables beyond our control,
including variables we or you have not anticipated. There are no
guarantees concerning the level of success you may experience. Each
person's results will vary.
There are unknown risks in any
business, particularly with the Internet where advances and changes can
The use of our information,
products and services should be based on your own due diligence and you
agree that we are not liable for your success or
You will not assign, sublicense,
transfer, pledge, sell, lease, rent, lend, or otherwise dispose of the
content, or any part of it, or share your rights under this Agreement,
You will not give others access
to your username and password.
You will not violate any laws,
third party rights, or this Agreement. This includes, but is not
limited to, not posting any material or content that is defamatory,
harassing, belongs to someone else, is obscene or
You will not provide false or
misleading information to us.
Consent to Use Information
When you communicate with us,
send us information, or provide content to us or out website, you grant
us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free,
sub-licensable right to exercise all copyright and publicity rights you
have in the content, in any manner whatsoever, in any media now known or
which may be created in the future, including in other works and forms
not associated with this website.
No Waiver of Rights
Our failure to enforce any
rights granted in this Agreement or to take action against any other
party in the event of any breach shall not be deemed a waiver by us as
to subsequent enforcement of rights or subsequent actions in the event
of future breaches.
We respect your interest in your
privacy and as a result we have created this informational
We collect and use personal
information for many purposes, including but not limited to, billing;
product and service fulfillment; to better understand our customer
needs; to provide a better website, products and services; to
communicate with customers and potential customers regarding our
products and services and third party products and
Generally, your private
information will only be disclosed to our owners, employees, independent
contractors, subsidiaries, partners, affiliates, attorneys, consultants,
business associates, service providers, suppliers and agents, acting on
our behalf or request. This
general rule, and disclosures in specific situations, is more
particularly described below.
Information Collected by our
The hosting provider for this
Internet site (as with any Internet site) has the ability to record
various information, including domain name, pages accessed, date and
time of access, web browser type and computer operating system, and
referring information, and to disclose this information. This is most commonly done by
providing access to raw server logs. For more information you should
perform an Internet search on 'server logs' or 'raw server logs.' We may
have access to our raw server logs and access reports prepared by our
Financial Information for
We sell products and services. When sales are made financial
information must be disclosed.
This information can include any number of facts you are asked to
provide, but most commonly includes your name, financial / credit card
information, billing address, and email address. Generally, this purchase
information will be provided by you to a third party payment processor
and we do not receive your financial / credit card
In the event we do receive
financial / credit card information, we will not disclose it to anyone
unless disclosure is required by law or a court order, or unless
disclosure is required to address an issue implicated by the financial
transaction. If you claim
that your financial information was used to make a purchase you did not
authorize, details about the financial transaction may be disclosed to
law enforcement and anyone else we deem necessary to address the
Use of email
Addresses and other Contact Information
An important part of our
services includes being able to provide information to you. As a result, you expressly
consent to receiving communications from us via email, fax, telephone,
mail, or any other delivery method.
As a customer you are agreeing
to receive information about the product or service you purchased. This may include, but is not
limited to, information about product or service updates, new features,
or information we believe you may find
We may also send you information
about other products and services our company offers. We will not sell, provide, or
transfer you email address to others. We may allow advertising to our
customers, or engage in joint ventures, which result in your receiving
advertisements from selected third parties.
Identification of Purchasers
If you purchase one of our
products or services, you authorize us to use your name and
identification information in advertising or
We also use personal information
in an aggregate form (i.e., not individually attributable to you) for
business analysis, operational, marketing and other promotional
Cookies may be used to keep
track of referred affiliate commissions and to monitor access to our
website. You consent to any
publicly available data to gather statistics for the purpose of
determining which search engines, referring sites, key words, etc.,
bring visitors to our website, which pages visitors are most interested
in, what web browsers are used, etc. Various providers may be used
for this purpose. The
purpose is obtain information that will help promote the website, make
the website more interesting and useful to visitors, and to identify
areas where improvement is needed.
Additionally, various third
party information suppliers and other entities that provide information
necessarily limited to billing providers, third party advertisers, and
third party resources we promote.
Disclosure by Necessity
Private information may be
disclosed if required by a court order, statute, law, or
Information is subject to
disclosure to address a claim that you are violating the terms of any
agreement pertaining to your use of your use this website or our
products or services, or rights of any third
Information is also subject to
disclosure if we believe that disclosure is necessary to identify,
contact or bring an action against someone who may be causing injury to
or interfering (either intentionally or unintentionally) with our rights
or property, your rights or property, other users of our website,
products or services, or anyone else.
As we continue to develop our
business, we or our affiliates may sell or buy other businesses or
entities, or we may merge with another company, or be bought by another
company. In such
transactions, personal information may be one of the transferred
Your information may be stored
and processed in any country in which we maintain facilities or conduct
operations. By using our
website, products and services, you consent to any such transfer of
information outside of your country.
After your account becomes
inactive your information may remain in our databases, computers, and
archives, and cannot reasonably be
This Agreement in all respects
shall be governed by and construed according to the laws of the State of
Idaho, to the exclusion of any other applicable body of governing law,
without regard to conflicts of laws
This Agreement is entered into
in Ada County, Idaho. You
consent to the exclusive jurisdiction of Idaho for any dispute arising
from or related to this Agreement.
You agree that the exclusive
venue for any dispute arising from or related to this Agreement will be
a court located in Ada County, Idaho.
Should any term of this
Agreement be declared void or unenforceable, that term shall be severed
from the Agreement such declaration shall have no effect on the
enforceability of the remaining terms.
This Agreement contains the
complete and entire understanding and agreement between you and us and
supersedes any previous communications, representations, or agreements,
verbal or written, related to the subject matter of this Agreement.
This Agreement may not be
modified or amended orally, impliedly, or in any manner not set forth in
writing or permitted by this Agreement.
This Agreement may be amended by
us at any time and without notice, but only by amending this Agreement
as posted on this website, unless otherwise agreed to in a writing
signed by both of us.
Any amendments will become
effective 30 days after being posted on the website, unless
circumstances require that a change be immediately implemented. As a
condition for this Agreement you agree to periodically check this
Agreement posted at this page.
You agree that your continued
use of our product or service after that date will constitute your
consent and acceptance of the amendment.
of this Agreement:
September 1, 2006