DISCLAIMER AND USE AGREEMENT
CAREFULLY READ THE FOLLOWING DISCLAIMER AND PURCHASE AGREEMENT. YOU ACCEPT AND AGREE TO BE BOUND BY THIS PURCHASE AGREEMENT BY PURCHASING ANY PRODUCT OR SERVICE FROM THIS WEBSITE.
YOUR ACCEPTANCE OF THE TERMS OF THIS AGREEMENT IS A MATERIAL PART OF THE TOTAL CONSIDERATION REQUIRED TO PURCHASE PRODUCTS AND SERVICES FROM HOMEMONEYWORK.COM.
This Purchase Agreement is applicable to any product sold on this website; the definition of 'product' includes but is not limited to:
The parties to this Agreement are (1) the person or entity purchasing the product and downloading the product through our website (defined herein as "You" or "Your" or "Purchaser") and (2) [insert your website here] and otherwise referred to herein as 'we', 'us' or 'our' or "seller". The term "website" is meant to include the owner(s) of the website whose name appears at the bottom of this Agreement.
Terms:
1. The author, inventor, creator, promoter, owner and licensor make no representation or warranties with respect to the accuracy, applicability, fitness, or completeness of the contents of any product available from this website. The information contained in these products is strictly for educational purposes. Therefore, if you wish to apply ideas contained in these products, you alone must assume full responsibility for your actions and you are cautioned against relying solely on the information, ideas, or projections contained in any one source, including the product, in forming a prudent course of action.
2. EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT PRODUCTS AND THEIR POTENTIAL. HOWEVER, THERE IS NO GUARANTEE, EXPRESS OR IMPLIED, THAT YOU WILL EARN ANY MONEY USING THE TECHNIQUES AND IDEAS IN THESE MATERIALS. EXAMPLES IN THE PROMOTIONAL MATERIALS OR THE PRODUCTS THEMSELVES ARE NOT TO BE INTERPRETED AS A PROMISE OR GUARANTEE OF EARNINGS. EARNING POTENTIAL IS ENTIRELY DEPENDENT ON THE PERSON USING OUR PRODUCT, IDEAS AND TECHNIQUES, AS WELL AS THE MARKET CONDITIONS YOU CHOOSE TO OPERATE IN -- ALL OF WHICH IS UNKNOWN TO US OR EVEN TO YOU. WE DO NOT PURPORT THIS TO BE A “GET RICH SCHEME.”
3. IF CLAIMS ARE MADE ABOUT ACTUAL EARNINGS OR EXAMPLES OF ACTUAL RESULTS ARE GIVEN THEY CAN BE VERIFIED UPON REQUEST. YOUR LEVEL OF SUCCESS IN ATTAINING THE RESULTS CLAIMED IN OUR MATERIALS DEPENDS ON THE TIME YOU DEVOTE TO THE PROGRAM, HOW WELL YOU IMPLEMENT THE IDEAS AND TECHNIQUES MENTIONED, YOUR FINANCIAL ABILITY TO UNDERTAKE A BUSINESS VENTURE, YOUR GENERAL KNOWLEDGE LEVEL, YOUR RELEVANT EXPERIENCE, AND OTHER VARIOUS SKILLS THAT COULD INFLUENCE YOUR DEGREE OF SUCCESS. SINCE THESE FACTORS VARY WITH EACH INDIVIDUAL, WE CANNOT AND DO NOT GUARANTEE YOUR SUCCESS OR INCOME LEVEL, NOR ARE WE RESPONSIBLE FOR ANY OF YOUR ACTIONS OR DECISIONS.
4. MATERIALS IN OUR WEBSITE MAY CONTAIN INFORMATION THAT INCLUDES OR IS BASED UPON FORWARD-LOOKING STATEMENTS WITHIN THE MEANING OF THE SECURITIES LITIGATION REFORM ACT OF 1995. FORWARD-LOOKING STATEMENTS GIVE OUR EXPECTATIONS OR FORECASTS OF FUTURE EVENTS. YOU CAN IDENTIFY THESE STATEMENTS BY THE FACT THAT THEY DO NOT RELATE STRICTLY TO HISTORICAL OR CURRENT FACTS. THEY USE WORDS SUCH AS “ANTICIPATE,” “ESTIMATE,” “EXPECT,” “PROJECT,” “INTEND,” “PLAN,” “BELIEVE,” AND OTHER WORDS AND TERMS OF SIMILAR MEANING IN CONNECTION WITH A DESCRIPTION OF POTENTIAL EARNINGS OR FINANCIAL PERFORMANCE.
5. ANY AND ALL FORWARD LOOKING STATEMENTS HERE OR ON ANY OF OUR SALES MATERIALS ARE INTENDED TO EXPRESS OUR OPINION OF EARNINGS POTENTIAL. MANY FACTORS WILL BE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS AND NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE RESULTS SIMILAR TO OURS OR ANYBODY ELSE'S. IN FACT, NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM OUR IDEAS AND TECHNIQUES IN OUR WEBSITE.
6. The author, inventor, creator, promoter, owner and licensor any warranties (express or implied) of merchantability or fitness for any particular purpose. The website shall in no event be held liable to any party for any direct, indirect, punitive, special, incidental or other consequential damages arising directly or indirectly from any use of these materials, which are provided “as is”, and without warranties.
7. As always, the advice of a competent legal, tax, accounting or other professional should be sought.
8. The author, inventor, creator, promoter, owner and licensor do not warrant the performance, effectiveness or applicability of any sites listed or linked to in any product.
9. All links are for information purposes only and are not warranted for content, accuracy or any other implied or explicit purpose.
10. All products and their attendant materials are copyrighted. No part of these may be copied, or changed in any format, sold, or used in any way other than what is outlined within these products under any circumstances.
Confidentiality
20. The products available here contain trade secrets and proprietary know-how that belong to the respective authors and are being made available to you in strict confidence. ANY USE OR DISCLOSURE OF THESE PRODUCTS OTHER THAN IN STRICT ACCORDANCE WITH THIS PURCHASE AGREEMENT, MAY BE ACTIONABLE AS A VIOLATION OF OUR TRADE SECRET RIGHTS.
PRODUCT DISLAIMER: NO WARRANTY, NO LIABILITY
21. 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. HOMEMONEYWORK.COM 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 ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
21A. SOFTWARE WARRANTIES AND DISCLAIMERS:
PRODUCTS, INCLUDING SOFTWARE, ARE SOLD WITHOUT WARRANTY, EITHER EXPRESSED OR IMPLIED, INCLUDING WARRANTY AS TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
READ THIS CAREFULLY -- IT LIMITS OUR LIABILITY
While the product, including software, you are purchasing is believed to be free of defect and useful for the purpose intended, there is no warranty that this, in fact, is accurate. There is no guarantee that products will do what they claim to do; there is no guarantee that they will not harm yours or someone else's computer; there is no warranty that they have commercial viability.
It is up to you to examine any product and test it to your satisfaction during the refund or exchange period. This examination to determine its suitability to your intended purpose is a material portion of the consideration required of you to purchase products. If, during the refund or exchange period, you determine that the product is not suitable to your needs or purposes, you have a duty to return it for a refund or exchange during the refund or exchange period.
22. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HOMEMONEYWORK SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY, AND YOU MANY NOT RELY ON SUCH INFORMATION OR ADVICE TO DO SO.
23. Refund. Our website's entire liability and the purchaser's exclusive remedy, for any claim of any nature, whether it is simply that you are not satisfied with the product or that you have suffered damages as the result of using any product, shall be a refund of the price paid, obtained from the vendor of the product or service. The time period to request a refund is limited. Check each product for refund particulars, including the time limit, if any. HomeMoneyWork acts as an independent showcase of all products and opportunities presented here, and does not guarantee any product offered directly.
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
25. These warranties exclude all incidental or consequential damages. HomeMoneyWork, 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, loss of equipment, or other pecuniary loss. Some states do not allow the exclusion or limitation of liability, so the above limitations may not apply to you.
Submissions
26. You hereby grant HomeMoneyWork the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to HomeMoneyWork through this site (together, hereinafter known as the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. HomeMoneyWork will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future HomeMoneyWork operations.
27. Our website will treat any personal information that you submit through this site in accordance with its Privacy Policy as set forth on this site.
Disclaimer
28. You understand that HomeMoneyWork cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data. HomeMoneyWork does not assume any responsibility or risk for your use of the Internet.
Indemnity
29. You will indemnify and hold HomeMoneyWork, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (hereinafter know as the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.
Disputes
30. Purchase agreements shall be governed by, construed and enforced in accordance with the laws of the Washington, as it is applied to agreements entered into and to be performed entirely within such jurisdiction.
31. To the extent you have in any manner violated or threatened to violate HomeMoneyWork and/or its affiliates' intellectual property rights, this website and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of Washington, and you consent to exclusive jurisdiction and venue in such courts.
32. 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: Spokane, Washington. 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: Spokane, Washington, 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.
General Provisions
33. You agree that any notice to be sent to you, including but not limited to any legal notices and court-related notices, shall be sent to you via Email at the Email address that you designate when you purchase a license to use products available from this website. Any notices to us must be by certified mail, return receipt requested, at the address set forth below.
34. We reserve the right to unilaterally amend any offers, pricing terms or other matters pertaining to our web site. For all other matters, any amendments to this Agreement must be in writing and signed by both parties. No course of dealing or trade usage shall be deemed to amend the terms of this Agreement.
35. This written purchase agreement is the exclusive agreement between you and us concerning products and related materials and supersedes any prior purchase order, communication, advertising or representation concerning products.
36. In the event of litigation between you and us concerning products, the prevailing party in the litigation will be entitled to recover attorney fees and expenses from the other party.
37. This Agreement also includes by reference, our Terms of Use, and Privacy Privacy , as if they are fully set forth herein. You can click on any of the document titles (they are hyperlinked) to read each document online.
This website is owned by:
HomeMoneyWork, PO Box 116, Wauconda, WA 98859
Last updated: 3/27/2005 Back Home