This following Agreement terms and conditions govern your access and usage of the
services in the Online Operatives Members' Area
(hereafter referred to as the “Online Services”) and the products and online
materials provided to you by the Company (”Materials”).
Please read this Agreement carefully before accessing or using the Online Services
or Materials. By accessing or using the Online
Services or 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 or Materials.
If you do not have the legal authority to bind,
please do not access the Online Services or Materials. 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 or
Materials shall be deemed your conclusive acceptance
of the modified Agreement.
1. AUTHORIZED COMMUNICATIONS; INFORMATION YOU PROVIDE TO THE COMPANY
1.1 By utilizing the Online Services or Materials, you acknowledge that you have
agreed to receive electronic mail, telephone calls,
postal mail, and other communications from the Company, its agents, affiliates,
independent contractors, successors, and assigns.
You agree that the Company may contact you with regard to these Terms and
Conditions, the Online Services and Materials,
opportunities in which you may be interested, and other related
purposes.
1.2 When using the Online Services or Materials, you may be prompted to disclose
certain information about yourself (“Personal
Information”). Your use of the Online Services or Materials indicates your express
consent for the Company to use and disclose your
Personal Information in accordance with the Company’s Privacy Policy.
2. LICENSE; RESTRICTIONS ON USE
2.1 Except for distributions in compliance with these Terms and Conditions, you may
not distribute any Materials, 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.
2.2 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 display Materials to no more than one person at a time;
(b) The right to obtain a printout of any online Materials via printing commands of
the Online Services and to create a single printout
of the online Materials downloaded via downloading commands of the Online Services
(collectively, “Authorized Printouts”);
2.3 Except as specifically provided herein, you are prohibited from downloading,
storing, reproducing, transmitting, displaying,
copying, distributing, or using Materials. You may not print or download any online
Materials without using the printing or downloading
commands of the Online Services.
2.4 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.
2.5 Except as specifically provided herein, you may not use the Online Services or
Materials in any fashion that infringes the
copyrights or proprietary interests therein.
2.6 You may not remove or obscure the copyright notice or other notices contained
in Materials.
3. ACCESS TO SERVICES
3.1 Only purchasers of the Materials may access and use the Online
Services.
3.2 You may not use an identification number to access the Online Services from
outside the country for which it was issued.
3.3 You may be restricted from accessing certain Materials otherwise available in
the Online Services.
3.4 Materials and features may be added to or withdrawn from the Online Services
and the Online Services otherwise changed
without notice.
4. COMPANY REPRESENTATIONS; LIMITED WARRANTY
4.1 The Company represents and warrants that it has the right and authority to make
the Online Services and Materials available
pursuant to these Terms and Conditions.
4.2 The Company represents and warrants that it shall take all necessary steps to
comply with the CAN SPAM Act of 2003 (as the
same is amended from time to time) and any and all other applicable laws with
respect to advertising and marketing.
4.3 The Company and its affiliates, officers, directors, employees, subcontractors,
agents, successors, or assigns, make no
representations or warranty, express or implied, as to the accuracy, earnings
claims, content, and advertising materials on its web
sites or in the Materials. 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.
4.4 Any testimonials have been verified by the attestants and the attestants have
been remunerated for allowing the Company use
of the same. For the sake of customer privacy, the Company reserves the right to
protect and/or substitute the images of the
attestants. The images displayed in the Materials or on any affiliated sites are
not the actual images of the attestants. The images
displayed have been supplied by the Company and are the copyrighted property of the
Company. 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.
4.4a Never at any point is the customer an employee of us in any shape or form. All
references to £25 or $25 payments relate to
the amount of third party remuneration that you may receive as a result of actions performed by yourself of which
filling-in a web
form and various online tasks would help bring about.
4.5 EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION 4, 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.
5. CUSTOMER’S REPRESENTATIONS AND WARRANTIES
5.1 Any buyer, customer, end user, consumer or any other party that utilizes the
Online Services or Materials in any way (the
“Customer”) represents and warrants that Customer will not utilize the Online
Services or Materials in such a fashion that will violate
any law, statute, ordinance, or regulation, including, without limitation, false or
deceptive advertising laws or the CAN SPAM Act of
2003 (as the same is amended from time to time).
5.2 Customer represents and warrants that Customer will not utilize the Online
Services or Materials to infringe on any third party’s
copyright, patent, trademark, trade secret, or other proprietary rights.
5.3 Customer represents and warrants that Customer will not utilize the Online
Services or Materials to display any material that may
be considered defamatory, libelous, pornographic, obscene, or contain any viruses,
Trojan horses, worms, or other harmful programs.
5.4 Customer represents and warrants that Customer is authorized to use the credit
card, debit card, or any other payment means
which Customer is using to pay for and acquire the Online Services or
Materials.
6. LIMITATION OF LIABILITY
6.1 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.
6.2 “Covered Party” means Home Job Placement, its affiliates, and any officer,
director, employee, subcontractor, agent, successor,
or assign of Home Job Placement or its affiliates.
6.3 “The Company” means Home Job Placement.
6.4 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.
6.5 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.
7. REFUND POLICY, PRODUCT RETURNS, RESTOCKING FEE
7.1 The Company offers a full refund of the purchase price of any product or
service subject to the provisions herein stated. The
Company will not issue any refund until it has received both (I) your submission,
signed for by us, of a refund request form to
Company within sixty (60) days of your purchase and (II) your return to Company, in
good, undamaged condition, of all tangible
goods you have received from Company and irrevocable proof that no online/digital
product supplied by us is retained in any form on
a computer/storage device owed by, or able to be accessed by yourself or third
party. It may take Company up to ten (10) business
days from the date Company receives your refund request and your return of all
tangible goods to process your refund. You hereby
acknowledge and agree that Company will not refund you for the cost of any shipping
and handling charges under any circumstances.
You further acknowledge and agree that Company will refuse and reject the attempted
return of any tangible goods you have
damaged. In the event that you receive defective tangible goods, then upon your
return to Company of such defective tangible
goods, Company will provide you with non-defective replacement goods at no
additional shipping and handling cost to you.
7.2 A Customer Service Representative may work with you to resolve any issues you
may have with regard to the Company’s
products, services, or web sites.
8. TERM OF SERVICE; SHIPPING POLICY
8.1 There is no limitation on the term of service with respect to these Terms and
Conditions. You will retain access to all purchased
services and products so long as you remain a customer in good standing with the
Company. The Company does not have any
recurring cost, product, or service.
8.2 Upon purchase of the product or service, Company will promptly ship any product
to your mailing address or provide you with the
appropriate link or other information with which you may access the purchased
product or service, as the case may be. If you
experience any difficulty or delay in accessing or receiving the purchased product
or service, you should contact the Company’s
Customer Service Department at cptinternational@aol.co.uk
9. MISCELLANEOUS
9.1 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. Your continued use of the Online Services or
Materials after any such change shall constitute your express consent to be bound
by such changes.
9.2 Charges and payment terms may be changed in accordance with the 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.
9.3 The Company may terminate your access to the Online Services. The effective
date of termination shall be ten (10) 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.
9.4 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.
9.5 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.
9.6 If any provision of this Agreement is held to be invalid, illegal or
unenforceable for any reason, such invalidity, illegality or
unenforceability shall not affect any other provisions of this Agreement, and this
Agreement shall be construed as if such invalid,
illegal or unenforceable provision had not been contained herein.
9.7 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.
EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT THIS PRODUCT AND IT'S POTENTIAL.
EVEN THOUGH THIS INDUSTRY IS ONE OF THE FEW WHERE ONE CAN WRITE THEIR OWN CHEQUE IN TERMS OF EARNINGS, THERE IS NO
GUARANTEE THAT YOU WILL EARN ANY MONEY USING THE TECHNIQUES AND IDEAS IN THESE MATERIALS. EXAMPLES IN THESE
MATERIALS ARE NOT TO BE INTERPRETED AS A PROMISE OR GUARANTEE OF EARNINGS. EARNING POTENTIAL IS ENTIRELY DEPENDENT
ON THE PERSON USING OUR PRODUCT, THEIR IDEAS AND TECHNIQUES. WE DO NOT PURPORT THIS AS A "GET RICH
SCHEME."
ANY CLAIMS MADE OF ACTUAL EARNINGS OR EXAMPLES OF ACTUAL RESULTS ARE NOT TYPICAL.
YOUR LEVEL OF SUCCESS IN ATTAINING THE RESULTS CLAIMED IN OUR MATERIALS DEPENDS ON THE TIME YOU DEVOTE TO THE
PROGRAM, IDEAS AND TECHNIQUES MENTIONED, YOUR FINANCES, KNOWLEDGE AND VARIOUS SKILLS. SINCE THESE FACTORS DIFFER
ACCORDING TO INDIVIDUALS, WE CANNOT GUARANTEE YOUR SUCCESS OR INCOME LEVEL. NOR ARE WE RESPONSIBLE FOR ANY OF YOUR
ACTIONS.
MATERIALS IN OUR PRODUCT AND 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.
ANY AND ALL FORWARD LOOKING STATEMENTS HERE OR ON ANY OF OUR SALES MATERIAL 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 ELSES, IN FACT NO
GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM OUR IDEAS AND TECHNIQUES IN OUR MATERIAL
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