4 Step
Marketing
Terms And Conditions
Effective January 1,
2009
This following Agreement terms and conditions govern the access to your
access and usage of the services (the "Online Services") and the
materials available therein ("Materials").
Please read this
Agreement
carefully before accessing or using the Online Services and the
Materials. By accessing or using the Online Services and Materials, you
agree to be bound by the terms and conditions set forth below. If you
do not wish to be bound by these terms and conditions, you may not
access or use the Online Services and Materials. If you don't have the
legal authority to bind, please press the "I do not accept" button
below. If you utilize the Online Services in a manner inconsistent with
these terms and conditions, the Company may terminate your access,
block your future access and/or seek such additional relief as the
circumstances of your misuse indicate is proper. The Company may modify
this Agreement at any time, and such modifications shall be effective
immediately upon posting of the modified Agreement. You agree to review
the Agreement periodically to be aware of such modifications and your
continued access or use of the Online Services and Materials shall be
deemed your conclusive acceptance of the modified Agreement.
1. LICENSE; RESTRICTIONS ON USE
1.1 Except for distributions in compliance with these Terms and
Conditions, you may not distribute your Materials, any Online Services,
or software associated with or derived from it, modify, copy, license,
or create derivative works from the same, unless you obtain
Company’s express written permission in advance.
1.2 You are granted a nonexclusive, nontransferable, limited license to
access and use the Online Services and Materials from time to time made
available to you. This license includes:
(a) The right to electronically display Materials retrieved from the
Online Services to no more than one person at a time;
(b) The right to obtain a printout of Materials via printing commands
of the Online Services and to create a single printout of Materials
downloaded via downloading commands of the Online Services
(collectively, "Authorized Printouts");
1.3 Except as specifically provided therein, you are prohibited from
downloading, storing, reproducing, transmitting, displaying, copying,
distributing, or using Materials retrieved from the Online Services.
You may not print or download Materials without using the printing or
downloading commands of the Online Services.
1.4 All right, title, and interest (including all copyrights and other
intellectual property rights) in the Online Services and Materials (in
both print and machine-readable forms) belong to the Covered Party. You
acquire no proprietary interest in the Online Services, Materials, or
copies thereof.
1.5 Except as specifically provided herein, you may not use the Online
Services or Materials retrieved from the Online Services in any fashion
that infringes the copyrights or proprietary interests therein.
1.6 You may not remove or obscure the copyright notice or other notices
contained in Materials retrieved from the Online Services.
2. ACCESS TO SERVICES
2.1 Only purchasers of the Materials may access and use the Online
Services.
2.2 You may not use an identification number to access the Online
Services from outside the country for which it was issued.
2.3 Your access may be restricted from accessing certain Materials
otherwise available in the Online Services.
2.4 Materials and features may be added to or withdrawn from the Online
Services and the Online Services otherwise changed without notice.
3. LIMITED WARRANTY
3.1 The Company represents and warrants that it has the right and
authority to make the Online Services and Materials available pursuant
to these General Terms and Conditions.
3.2 The Company and its affiliates, officers, directors, employees,
subcontractors, agents, successors, or assigns, makes no
representations or warranty, express or implied, as to the accuracy,
earnings claims, content, and advertising materials on its web sites.
In the event that any advertisement is inaccurate, your sole remedy is
for the Company to remedy such inaccuracy within fifteen (15) working
days of it being notified of the inaccuracy. You understand and agree
that the online content and advertising copy therein solely represents
hypothetical examples and does not in any way guaranty income, revenue,
or performance of the Online Services and Materials and does not in any
way represent explicit or implicit earnings claims for the user.
3.3 The content, claims, and representations of independent third-party
testimonials from users of the Online Services and Materials is not
subject to Company’s prior approval and no representation or
warranty is given by the Company to the accuracy of such testimonials.
The Company does not undertake to review the contents of any
testimonials and any such review of, and approval by, the Company shall
not be deemed to constitute an acceptance by the Company that such
testimonial is provided in accordance with the terms of the Agreement,
nor shall it constitute a waiver of the its rights hereunder. You
understand and agree that the online content, claims, and
representations of such third party testimonials does not in any way
guaranty income, revenue, or performance of the Online Services and
Materials and does not in any way represent explicit or implicit
earnings claims by the Company for the user.
3.4 EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION 3, THE ONLINE SERVICES
AND MATERIALS ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS AND THE
PROVIDER OF THE ONLINE SERVICES AND EACH THIRD PARTY SUPPLIER OF
MATERIALS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL
EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT
LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
4. LIMITATION OF LIABILITY
4.1 A Covered Party (as defined below) shall not be liable for any
loss, injury, claim, liability, or damage of any kind resulting in any
way from (a) any errors in or omissions from the Online Services or any
Materials available or not included therein, (b) the unavailability or
interruption of the Online Services or any features thereof or any
Materials, (c) your use of the Online Services or Materials (regardless
of whether you received any assistance from a Covered Party in using
the Online Services), (d) your use of any equipment in connection with
the Online Services, (e) the content of Materials, or (f) any delay or
failure in performance beyond the reasonable control of a Covered Party.
4.2 "Covered Party" means 4 Step Marketing its affiliates, and any
officer, director, employee, subcontractor, agent, successor, or assign
of 4 Step Marketing or its affiliates.
4.3 “The Company” means 4 Step Marketing, an
Illinois based company.
4.4 THE AGGREGATE LIABILITY OF THE COVERED PARTIES IN CONNECTION WITH
ANY OTHER CLAIM ARISING OUT OF OR RELATING TO THE ONLINE SERVICES OR
MATERIALS SHALL NOT EXCEED THE AMOUNT OF YOUR ACTUAL DIRECT DAMAGES.
YOUR RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL
OTHER REMEDIES WHICH YOU MAY HAVE AGAINST ANY COVERED PARTY.
4.5 THE COVERED PARTIES SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM,
OR ARISING IN CONNECTION WITH THE ONLINE SERVICES, MATERIALS, OR THE
FAILURE OF ANY COVERED PARTY TO PERFORM ITS OBLIGATIONS, REGARDLESS OF
ANY NEGLIGENCE OF ANY COVERED PARTY. SUCH LIMITATION SHALL APPLY
NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY
AND TO THE FULLEST EXTENT PERMITTED BY LAW.
5. MISCELLANEOUS
5.1 The Company reserves the right to modify these Terms and Conditions
from time to time in its sole discretion, without notice or liability
to you. You agree to be bound by these Terms and Conditions, as
modified. Please review the most current version of the Terms and
Conditions from time to time, so that you will be apprised of any
changes.
5.2 Charges and payment terms may be changed in accordance with your
applicable price schedule; all other provisions may be changed by the
Company immediately. Your access to the Online Services may be
terminated immediately upon notice to the provider of the Online
Services if any change is unacceptable. Continued use of the Online
Services following any change constitutes acceptance of the change.
5.3 The Company may terminate the access to the Online Services. The
effective date of termination shall be ten days after the receipt of an
appropriate notice of termination, unless a later date is specified in
the notice. The Company may suspend or discontinue providing the Online
Services to you without notice and pursue any other remedy legally
available to it if you fail to comply with any of your obligations
hereunder.
5.4 Except as otherwise provided herein, all notices and other
communications hereunder shall be in writing or displayed
electronically in the Online Services by the Company. Notices shall be
deemed to have been properly given on the date deposited in the U.S.
mails, if mailed; on the date first made available, if displayed in the
Online Services; or on the date received, if delivered in any other
manner. Notices to the Company should be sent to: General Counsel, c/o
4 Step Marketing, 228 Park Ave. South #11130
New York, New York 10003 .
5.5 The failure of the Company or any third party supplier of Materials
to enforce any provision hereof shall not constitute or be construed as
a waiver of such provision or of the right to enforce it at a later
time.
5.6 You may not assign your rights or delegate your duties under your
access to the Online Services without the prior written consent of the
Company.
5.7 These Terms and Conditions shall be governed by and construed in
accordance with the laws of the State of Illinois.
*NOTICE* - Anyone who distributes illegal copies of our program, or
uses our trademarked/copyrighted Process at Home text and/or images
without permission will be reported to their billing and/or hosting
company, and any other related companies for account closure. We will
follow with a federal copyright infringement lawsuit in accordance with
the The Digital Millennium Copyright Act (DMCA). To date we have
successfully prosecuted 27 parties.
The entire contents of this website is Copyright (c) 2009 by
4StepMarketing.com. All rights reserved. This site may not be
copied in whole or in part without the express written permission of
the publisher. All violators will be prosecuted to the fullest extent
of the law. |
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