Terms Of Use & Service And Purchase Agreement

Terms Of Use & Service And Purchase Agreement

IMPORTANT! THESE TERMS OF SERVICE (TOS) GOVERN YOUR USE OF THIS SITE, WHICH IS PROVIDED BY OUR COMPANY. BY ACCESSING THIS SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE. THESE TERMS OF USE ARE SUBJECT TO CHANGE BY OUR COMPANY AT ANY TIME IN ITS DISCRETION. YOUR USE OF THIS SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS OF USE PRIOR TO EVERY USE FOR ANY CHANGES.

Access To This Site

YOU MUST BE EIGHTEEN (18) YEARS OR OLDER TO ACCESS THIS WEB SITE. IF YOU ARE UNDER EIGHTEEN YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS THIS WEB SITE FOR ANY REASON. DUE TO THE AGE RESTRICTIONS FOR USE OF THIS WEB SITE, NO INFORMATION OBTAINED BY THIS WEB SITE, FALLS WITHIN THE CHILD ONLINE PRIVACY ACT (COPA) AND IS NOT MONITORED AS DOING SO.

To access this site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If our Company believes the information you provide is not correct, current, or complete, we have the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time, without notice.

Restrictions On Use

You may use this site for purposes expressly permitted by this site. You may not use this site for any other purpose, including any commercial purpose, without our Company's express prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand this site, or (ii) frame this site, or (iii) hyper-link to this site, without the express prior written permission of an authorized representative of our Company. For purposes of these Terms of Use, "co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with our Company in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.

Proprietary Information

The material and content (hereinafter referred to as the "Content") accessible from this site, and any other World Wide Web site owned, operated, licensed, or controlled by our Company is the proprietary information of our Company or the party that provided the Content to our Company, and our Company or the party that provided the Content to our Company retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of our Company, or unless authorized in writing elsewhere on our site, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates our Company's intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site.

Hyper-Links

This site may be hyper-linked to other sites which are not maintained by, or related to, our Company. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with this site or our Company. Our Company has not reviewed any or all of such sites and is not responsible for the content of those sites. Hyper-links are to be accessed at the user's own risk, and our Company makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to this site. Further, the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by our Company of that site.

Submissions

You hereby grant to our Company 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, results, testimonials, advice or other information communicated to our Company 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. Our Company 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 Company operations.

Our Company will treat any personal information that you submit through this site in accordance with its Privacy Policy as set forth on this site.

Disclaimer

You understand that our Company 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. Our Company does not assume any responsibility or risk for your use of the Internet.

The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by Company. Investors, borrowers, and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own professional judgment. Information obtained by using this site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals.

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. OUR COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. OUR COMPANY DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OUR COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND COMPANY MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT OUR COMPANY, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. OUR COMPANY MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and Company does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer, accurate or complete.

Limitation On Liability

COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE.

Indemnity

You will indemnify and hold Company, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (hereinafter known 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 attorney's 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.

Trademarks

Trademarks, service marks, and logos appearing in this site are the property of Company or the party that provided the trademarks, service marks, and logos to Company. Company and any party that provided trademarks, service marks, and logos to Company retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this site.

Information You Provide

You may not post, send, submit, publish, or transmit in connection with this site any material that:
·        you do not have the right to post, including proprietary material of any third party;
·        advocates illegal activity or discusses an intent to commit an illegal act;
·        is vulgar, obscene, pornographic, or indecent;
·        does not pertain directly to this site;
·        threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
·        seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
·        infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
·        violates any law or may be considered to violate any law;
·        impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
·        advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;
·        solicits funds, advertisers or sponsors;
·        includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
·        disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site;
·        includes MP3 format files;
·        amounts to a 'pyramid' or similar scheme;
·        disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site; or
·        contains hyper-links to other sites that contain content that falls within the descriptions set forth above.

Although under no obligation to do so, our Company reserves the right to monitor use of this site to determine compliance with these Terms of Use, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither Company nor any third party that provides Content to Company will assume or have any liability for any action or inaction by Company or such third party with respect to any submission.

Security

Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). Company will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Company considers insecure, Company will be entitled to require the password to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Company reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. Company reserves the right to investigate suspected violations of these Terms of Use.

Company reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Company to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use.

BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER [COMPANY] OR LAW ENFORCEMENT AUTHORITIES.

ABOUT OUR CONDITIONAL GUARANTEE

You have purchased a custom-ordered website design and installation package, which comes with a conditional guarantee policy, and it is NEVER presented as a "No Questions Asked" or "Unconditional" guarantee at any time. The notice appears four times during the sales process, according to the policies recommended by government agencies, credit card companies, and merchant processors.

We clearly provide our policies at every stage of the purchase process, in multiple places - they are not hidden. Unfortunately, some customers simply do not read the information they are agreeing to. We cannot be held responsible when customers do not read the terms and conditions they have agreed to when purchasing.

If you are not satisfied with the service we have provided, you may be eligible for a refund, if you have completed your part of the program requirements found below.

Our guarantee appears for the first time within the sales presentation. It appears a second time on the bottom of every page throughout the sales process. It appears for the third time on the shopping cart checkout page. It appears for the for the fourth time at the bottom of the shopping cart checkout page, where YOU MUST ACCEPT IT in order to complete your purchase.

An "instant refund" culture has developed among some online customers who are used to buying digital products. However, your setup is not a "course" we can simply push a button and refund. It is a detailed site setup and autoresponder configuration that our team builds by hand, as clearly explained in the sales materials. As such, we cannot get back the loss of time and costs of manpower invested to create it.

The moment an order is placed, our team begins a difficult process that costs us time, energy and money we can't recover. Ongoing support such as webinars, answering tickets, personal phone calls, etc. also costs us money. We pay fees for payment processing when we receive funds, and AGAIN when we refund them.

An unconditional guarantee would mean at any time, any and all funds could be taken from the business without reason or warning. Any business that could lose all it's funds at any time without warning for work it already did would never survive. An unconditional guarantee would prevent us from providing you with the service in the first place.

It would also remove any financial incentive for our customers to actually use their sites. Allowing unconditional refunds with no questions asked for one year would harm our customers just as much as it would harm us. Our good customers understand that only a conditional guarantee protects us both, and they appreciate the structure it provides them.

Program Requirements

IN ORDER TO BE ELIGIBLE FOR A REFUND, YOU MUST COMPLETE THE FOLLOWING STEPS:

1. Submit your setup form within 48 hours of your purchase date.

2. Watch all the orientation and training videos within seven days of your purchase date. Submit a support ticket to let us know you've completed the video training.

3. Review your site details when they appear in your "Site Details" section. Subscribe to your own list through your squeeze page to make sure it works. Then, submit your site approval ticket with 48 hours of taking delivery of your site setup. Be sure to notify us of any questions or errors.

4. Attend at least TWO live webinars within the first 30 days after purchase, and each 30 days thereafter. If unable to attend, submit a support ticket to request alternate accommodations such as a personal phone call.

5. Take action to promote your squeeze page in accordance with the training videos and during webinars, and drive a MINIMUM of 5,000 documented unique visitors from the list of approved "First 100" traffic sources to your standard VIP squeeze page [FlyAd.me, Sweeva, Thumbvu, EasyHits4U, ViralURL, ListJoe] to your standard, unmodified VIP squeeze page within 72 hours of submitting your site approval. If you have driven the traffic from one of those sites [as documented in google analytics] and you still have not seen ANY signups, send us a ticket so we can contact you and troubleshoot the process within 72 hours.

6. Register as a member of TrafficStacker.com, post your site ad, and request your free credits upgrade within 72 hours of submitting your site approval. Notify us that you have completed this step.

7. Complete and submit your Weekly Action Tracker Form by the deadline every week starting from your original purchase [found on your receipt], and provide an exported PDF copy of your most recent Google Analytics report for your website.

8. Submit your First Subscriber Notification Form when you receive your first subscriber within 72 hours of autoresponder notification.

===> By attending the weekly webinars, you can ask and learn anything you don't understand. Any refund requests from customers who do not complete their part of the program will not be approved. There will be no exceptions to these policies.

IF YOU DO NOT FULFILL THE PROGRAM REQUIREMENTS, YOU WILL NOT BE ELIGIBLE FOR A REFUND, NO EXCEPTIONS. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT PURCHASE. IF YOU HAVE A QUESTION, IT IS YOUR RESPONSIBILITY TO LET US KNOW SO WE CAN HELP YOU.

Miscellaneous

These Terms of Use will be governed and interpreted pursuant to the laws of New York, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in New York in connection with any dispute between you and Company arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter of these Terms of Use will be in the state and federal courts in New York, New York. If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain.

We reserve the right at any time to change the content, prices, policies, and terms and conditions of sale, and/or to discontinue products without notice.

Communication Policy

In order to be sure you receive all of our correspondence, customers MUST get a free Gmail email account before beginning the setup process. This is NOT optional - customers who use anything else cannot be sure they will receive our messages. CUSTOMERS MUST USE THIS GMAIL ACCOUNT FOR ALL FUTURE COMMUNICATIONS WITH US.

Upon completion of any part of your setup in accordance with the terms and conditions set forth here, we will notify you of its completion in your members area. Any notification we send to you in the members area or at the email address you specify will fulfill our communication obligation to you for its content.

You agree to provide timely responses to any notifications that we send to you, according to the terms outlined in this policy.

You will have 7 days to respond to each contact sent to you. If after 7 days you have failed to respond, we will assume that your project is complete and we will have no further obligation to you.

At that time, we reserve the right, at our sole discretion, to terminate your access to all or a portion of the service, at any time, with or without notice. In the event of such termination, we will determine, at our sole discretion, whether you are entitled to any refund. Your project may be re-opened solely at our discretion.

NOTICE:

You assume full responsibility for the renewal and/or transfer of any domain names and hosting after the initial registration period.

You must provide us with written request for domain name and/or hosting transfer to you at least 15 days prior to expiration.

We only offer technical support via helpdesk tickets, and only regarding the exact functionality of what you have purchased, which will be determined solely at our discretion.

Changes, customizations or modifications beyond the standard VIP Setup Service website installation package may be available as a courtesy, time permitting, for an additional price, but cannot be guaranteed.

You cannot purchase through your own affiliate link.

If a payment error occurs but you are still mistakenly taken to the confirmation page, you will be notified that we did not receive the funds. You will be responsible for making a successful payment within 48 hours.

If you are extended a 2-payment courtesy, site installation does not begin until your second payment has been made. Once you enter into a 2-payment agreement, you are responsible for both payments.

We may take up to 72 hours to respond to tickets during busy times or over weekends and holidays.

Approved refunds may take 30 days from approval date to be processed, and will be subject to a $75 fee to cover domain name, merchant/bank fees, and administrative costs.

Discounts, bonuses and special offers are subject to change.

We do our best to support all of our customers as best we can. Sometimes our support department can get back to you sooner than other times. Occasionaly, through no fault of our own, a ticket may not be received by us, or a reply to a ticket may not be received by a customer. Speed of our replies, customers not receiving our replies, or dissatisfaction with our replies are NOT acceptable reasons to request a refund, and refunds will not be given based on a customer's perceived satisfaction of our support. If a functioning setup is delivered, we have fulfilled our obligation to deliver a working setup.

Any third-party vendors, websites or services we may recommend are independent from us, although we may have an affiliate relationship with them.

Non-functionality of third-party websites and services beyond our control such as autoresponders, traffic exchanges, etc. are not our responsibility and do not fall under the qualifications for a refund.

We do not offer instruction or tech support for any third-party vendors, websites or services, or for your computer or any other equipment or services not supplied by us. Support requests of this type will direct you to the site or service in question. Continued support requests of this type will not be responded to.

If your bandwidth exceeds 1,000 mb per month, or your storage exceeds 20 mb, you may be notified that we will require you to move your site to different hosting at your own expense, within seven (7) days. Failure to do so risks the possibility of downtime.

Personal one-on-one calls with staff are a courtesy as time permits, and not an entitlement. We reserve the right to refuse this complimentary service to anyone at any time for any reason.

Any upgrades to your service version are complimentary, by request only, and therefore will be handled on a first-come, first-served basis.

You are responsible for backing up your own site and keeping your hosting account virus and malware free. You will be responsible for any charges we incur due to addressing these issues.

You are responsible for complying with any and all laws, including but not limited to city, county, state, federal and international, when using or operating any website, content and/or service provided to you.

We reserve the right to cancel any order that we deem necessary, and may require additional information from you before accepting or processing any order and/or refund at our discretion.

Since we are not attorneys, we are unable to provide any legal advice and/or services, and purchasing our products and services does not form or imply and attorney-client relationship. You should always perform due diligence before taking any actions online or offline regarding products and services purchased from us, and you should contact a qualified attorney to address any legal and/or compliance questions or issues you may face regarding their use. We are not responsible for your compliance with any laws, or lack thereof. Your acceptance of our products and services confirms your agreement with these policies.

We reserve the right at any time to change the content, prices, policies, and terms and conditions of sale, and/or to discontinue products without notice.

To be considered valid, support requests must be made through the ticket system at www.SterlingHelp.com. Voicemail, gmail and skype are complimentary, and these secondary systems are not substitutes for first submitting a ticket. Any contacts or messages submitted to anywhere else besides www.sterlinghelp.com are not considered valid support requests and may not receive a response. Non-responsiveness to these secondary support systems does not qualify as a valid reason for a refund.

Abusive or foul language is not permitted in any submitted tickets.

Company may revise these Terms of Use & Service at any time by updating this posting.

Our company reserves the right to revise, amend or modify our other policies and agreements at any time and in any matter by updating this posting. Your use of this site after such changes are implemented constitutes your acknowledgment and acceptance of these changes. Please consult this policy statement prior to every use for any changes.

Last updated: Aug 17, 2011