Terms And Conditions

Effective June 1, 2008

ACCEPTANCE OF TERMS These Terms and Conditions ("Terms and Conditions" or "Agreement") apply to all: (a) transactions between you and ICreateProfits.com ("ICP"); (b) your access to and use of the websites located at www.icreateprofits.com (the "Product Websites"); and (c) your access to and use of calculators, videos, text, pictures, graphics, logos, button items, icons, images, works of authorship and other information and all revisions, modifications, and enhancements thereto (the "Content").

YOUR ORDER OF, USE OF, AND ACCESS TO, THE PRODUCTS, PRODUCT WEBSITES AND CONTENT ARE SUBJECT TO ALL TERMS AND CONDITIONS CONTAINED HEREIN AND ALL APPLICABLE LAWS AND REGULATIONS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. YOUR ORDER OF, ACCEPTANCE OF, USE OF, AND/OR ACCESS TO, THE PRODUCTS, PRODUCT WEBSITES AND/OR CONTENT CONSTITUTES YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS AND CONDITIONS SET FORTH HEREIN. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT ORDER, USE OR ACCESS ANY PRODUCT, PRODUCT WEBSITE OR CONTENT, OR ANY OF THE INFORMATION WITHIN THE PRODUCT, PRODUCT WEBSITE, OR CONTENT, DISCARD THE PRODUCTS YOU RECEIVED IMMEDIATELY AND CALL CUSTOMER SERVICE TO CANCEL YOUR MEMBERSHIP.

This Agreement may be updated from time to time. Online customers should check the Product Websites regularly for updates to these Terms and Conditions. Each time you order, access or use any of the Products, Product Websites, and/or Content, you signify your acceptance and agreement, without limitation or qualification, to be bound by the then current Agreement.

USE OF THE PRODUCTS In consideration of your order of, access to, and/or use of any Product, Product Website, and/or Content you agree to provide true, accurate, complete and current information about yourself and any minor children you are enrolling, or have enrolled, in any Product, when prompted to do so by the registration and application forms or requested to do so by ICP. By registering, you certify that you are eighteen (18) years of age or older. If any information you provide is untrue, inaccurate or not current, or if ICP has reasonable grounds to suspect that such information is untrue, inaccurate or not current, ICP, at its sole discretion, has the right to suspend or terminate your order of, use of, and/or access to, any Product, Product Website and/or Content, and refuse all current or future orders of, use of, and/or access to, any Product, Product Website and/or Content, or suspend or terminate any portion thereof. Further, you agree that ICP will not be liable to you, your minor children or any third party if ICP suspends or terminates your order of, use of, or access to any Product, Product Websites or Content, or any portion thereof, for any reason.

ARBITRATION YOU UNDERSTAND AND AGREE THAT ALL CLAIMS, DISPUTES OR CONTROVERSIES BETWEEN YOU (OR ANY OF YOUR MINOR CHILDREN) AND ICP, AND ITS PARENTS, AFFILIATES, SUBSIDIARIES OR RELATED COMPANIES, INCLUDING BUT NOT LIMITED TO TORT AND CONTRACT CLAIMS, CLAIMS BASED UPON ANY FEDERAL, STATE OR LOCAL STATUTE, LAW, ORDER, ORDINANCE OR REGULATION, AND THE ISSUE OF ARBITRABILITY, SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION AT A LOCATION DETERMINED BY THE ARBITRATOR. ANY CONTROVERSY CONCERNING WHETHER A DISPUTE IS ARBITRABLE SHALL BE DETERMINED BY THE ARBITRATOR AND NOT BY THE COURT. JUDGMENT UPON ANY AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED BY ANY STATE OR FEDERAL COURT HAVING JURISDICTION THEREOF. THIS ARBITRATION CONTRACT IS MADE PURSUANT TO A TRANSACTION IN INTERSTATE COMMERCE AND ITS INTERPRETATION, APPLICATION, ENFORCEMENT AND PROCEEDINGS HEREUNDER SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT ("FAA"). NEITHER YOU (NOR ANY OF YOUR MINOR CHILDREN) NOR CIC SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER CONSUMERS OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. THE PARTIES VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT THEY HAVE TO A JURY TRIAL.

MODIFICATION OF PRODUCTS
ICP may, at its discretion, modify or discontinue any of the Products, Product Websites or Content, or any portion thereof, with or without notice. You agree that ICP will not be liable to you, your minor children or any third party for any modification or discontinuance of any of the Products, Product Websites or Content.

NOTICE OF PROSECUTION
For online customers, access to and use of password protected and/or secure areas of the Product Websites are restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Product Websites may be subject to prosecution.

SECURITY MEASURES AND AUTHENTICATION
Because ICP uses security measures designed to protect your privacy and to safeguard your information, ICP may not always be able to successfully provide Products to you. ICP cannot offer a manual ordering process and will be unable to fulfill your order if you fail online authentication.

PERSONAL INFORMATION
ICP may use your personal information to the extent necessary to process your order and/or engage in business maintenance.

REVIEW AND RECEIPT OF PRIVACY NOTICE
By submitting your order, you acknowledge receipt of our Privacy Notice and agree to its terms.

ON-LINE REQUIREMENTS
You must have an email address, Java-compatible browser, Adobe Acrobat, and Apple Quicktime in order to use the services.

NO WARRANTY BY ICP
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE PRODUCTS, PRODUCT WEBSITES AND CONTENT IS AT YOUR SOLE RISK. ALL PRODUCTS, PRODUCT WEBSITES AND CONTENT ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS. ICP AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, GUARANTEES [OTHER THAN THE "GUARANTEE" DESCRIBED WITHIN THESE TERMS AND CONDITIONS] AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. THE INFORMATION CONTAINED IN THE PRODUCTS, PRODUCT WEBSITES, CONTENT OR OTHER MATERIALS YOU MAY RECEIVE FROM ICP DO NOT CONSTITUTE LEGAL, TAX, ACCOUNTING OR OTHER PROFESSIONAL ADVICE. OTHER THAN TO THE EXTENT MADE IN THE " GUARANTEE" DESCRIBED WITHIN THESE TERMS AND CONDITIONS, ICP MAKES NO WARRANTY THAT (I) THE PRODUCTS AND CONTENT ARE ACCURATE, TIMELY, UNINTERRUPTED OR ERROR-FREE; AND (II) ANY RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR CONTENT WILL BE RELIABLE.

LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT ICP WILL NOT BE LIABLE TO YOU (OR ANY OF YOUR MINOR CHILDREN) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM OR IN ANY WAY CONNECTED TO YOUR ACCESS TO, USE, OR INABILITY TO USE THE PRODUCTS, PRODUCT WEBSITES, CONTENT OR MEMBERSHIP BENEFITS, OR FROM YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE UPON ANY LINKED WEB SITE (IF APPLICABLE), EVEN IF ICP HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. SOME JURISDICTIONS EITHER DO NOT ALLOW OR PLACE RESTRICTIONS UPON THE EXCLUSION OR LIMITATION OF DAMAGES IN CERTAIN TYPES OF AGREEMENTS; FOR THESE JURISDICTIONS, THE AFOREMENTIONED LIMITATION ON LIABILITY SHALL BE TO THE MAXIMUM DEGREE PERMITTED BY APPLICABLE LAW. IF, NOTWITHSTANDING THE ABOVE, LIABILITY IS IMPOSED UPON ICP, THEN YOU AGREE THAT ICP'S TOTAL LIABILITY TO YOU (AND ANY OF YOUR MINOR CHILDREN) FOR ANY OR ALL OF YOUR LOSSES OR INJURIES (OR THOSE OF YOUR MINOR CHILDREN) FROM ICP'S ACTS OR OMISSIONS, REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE CLAIM, SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO ICP FOR THE PRODUCT(S) YOU PURCHASE FROM ICP (EXCEPT TO THE EXTENT THAT AMOUNTS MAY BE RECOVERABLE IN ACCORDANCE WITH THE TERMS OF THE " GUARANTEE" DESCRIBED WITHIN THESE TERMS AND CONDITIONS).

REGISTERING FOR ANY PRODUCT
To purchase any Product, you must have a valid address, provide a valid address, email address and agree to be bound by these Terms and Conditions. In other limited circumstances, you may need to provide a valid telephone number so that ICP can process your order. You must provide valid credit card information. ICP will then evaluate your complete registration information before directing you to the payment processor.

SPOUSE/ADULT CHILDREN NOT INCLUDED
ICP is not able to accept and process joint registration for two or more adults. Neither your spouse nor any other adult will be enrolled in any Product pursuant to your order.

MEMBERSHIP - ADDITIONAL TERMS AND CONDITIONS
(Applicable for all products available.)

Your membership is effective for the period covered by your membership fee and continues upon your payment of the monthly/annual renewal fee. Renewal fees for your membership will automatically be charged, at the rate you signed up for, to the credit card or other billing source authorized by you, on the first day of each successive membership term determined by your sign up date, until you cancel your membership. Should you choose to discontinue your membership for any reason before expiration of the then applicable membership term for which you have paid, you may cancel your membership and terminate further billing by visiting your membership area and choosing to cancel the active subscription you want to discontinue or by emailing customer support or by calling the support number 1-435-851-4486. As a subscriber if you choose to cancel after your 30-day trial period, your membership and billing will terminate at the end of your current billing term and you will not be eligible for a prorated refund of any portion of your paid membership fee. ICP reserves the right to change the membership fee for any renewal term to be effective upon the renewal of your membership.

ICP has different memberships with varying terms and renwal dates.   It is your resposibility to know your renewal date and product membership term.

Membership With Free Trial Period: The membership fee will be charged to your credit card or other billing source authorized by you immediately on the day following the last day of your free trail period.  Free trail memberships do not have the 30-day trial period included with other memberships.  You must cancel your membership before the free trial period is over.  If you cancel after your free trial period, your membership and billing will terminate at the end of your current billing term and you will not be eligible for a prorated refund of any portion of your paid membership fee.

Membership Without Trial: The membership fee without a trial period will be billed immediately to the credit card or other billing source authorized by you. You must cancel your membership before the beginning of the next membership fee renewal date.  If you cancel after your membership renewal date, your membership and billing will terminate at the end of your current billing term and you will not be eligible for a prorated refund of any portion of your paid membership fee.

DISCLAIMERS: ICP IS NOT OBLIGATED, NOR DOES IT PROMISE OR GUARANTEE THAT IT WILL PROTECT YOU AND/OR YOUR INFORMATION FROM IDENTITY THEFT. YOU MUST BE AWARE OF ANY PRECAUTIONS YOU SHOULD REASONABLY BE EXPECTED TO TAKE, INCLUDING PROTECTING YOUR ACCOUNT NAMES, PASSWORDS, AND OTHER PERSONALLY IDENTIFYING INFORMATION.

ICP is not obligated or responsible for providing Assistance for any request based on (a) an act of fraud, deceit, collusion, dishonesty or criminal act by you or any person acting in concert with you, or by any authorized representative of you, whether acting alone or in collusion with you or others, (b) authorized charges that you have disputed based on the quality of goods or services, (c) authorized account transactions or trades that you have disputed, or are disputing, based on the execution (or non-execution) of electronic transfers, trades or other verbal or written instructions or directions, (d) losses, damages or expenses arising out of any business pursuits, (e) losses, damages or expenses that were incurred or commenced prior to the membership, or (f) theft or damages of traveler's checks, tickets of any kind, negotiable instruments, cash or its equivalent, circulating currency, passports, documents, real property, animals, living plants or consumable items, motorized vehicles of any type, watercraft, aircraft, and items intended for storage, transport, display or habitation.

Reservation of Rights: ICP, including its agents, independent contractors, assigns or other expressly authorized third party, reserves the right to make an independent investigation of the facts and circumstances related to any Assistance request, including making contact by telephone, email, US Postal Service or otherwise, any service provider or related party it deems necessary, at its sole and absolute discretion and expense, regardless of whether you provide express authorization to make such contact for purposes of verifying and assisting you with your Assistance request.

ICP reserves the right not to provide you with any Assistance or discontinue your membership in the event ICP determines that you knew, or should reasonably have known, of an act of Identity Theft that commenced prior to the membership. If at any time you cancel your membership, ICP is no longer obligated to provide any additional assistance.

Affiliates

Affiliate's must follow and agree to all terms in the Terms and Conditions.  Affiliate commissions are paid each month and the commission rate can be changed at any time.  ICP reserves the right to modify, change, or discontinue the affiliate program at any time without notice.  Commissions may be paided on each first sale or on each sale includeing reoccuring, however this may also be modified, changed, or discontinued at any time without notice.

Guarantee
If you (hereinafter "you") decide within your 30-day trail period, which begins on the first day or your membership, that you would like a refund, you need to contact ICP and request this refund.  Anytime after the 30-day trial period you can not receive a refund for any services, fees, etc.  If you signed up for membership using the Free Trial membership, you do not have privelage to the 30-day trial period guarantee.  All memberships that fall outside the terms for the guarantee must be cancelled prior to the membership renewal date in order to prevent billing.  Faliure to cancel prior to the renewal date will not warrent a refund for the billed term and you will still be required to cancel in oreder to prevent future billings. 

TRADEMARKS
You acknowledge and agree that, ICP's name, the ICP Logo, Page Headers and other icreateprofits.com terms, phrases, graphics, videos, logos, and icons are common law or registered trademarks, service marks, and/or trade dress of ICP (collectively "Marks"). You agree you will not use any such Content or Marks for any purpose without the appropriate prior written authorization. ICP Marks may not be used in connection with any product or service that is not ICP's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ICP. All other trademarks, product names, or logos not owned by ICP that appear on this Product Website are the property of their respective owners.

COPYRIGHTS
All Content included on this Product Website, such as text, graphics, videos, logos, button items, icons, images, data compilation, is the property of ICP or its suppliers and is protected by United States and international copyrights laws. All software used on this site is the property of ICP or its software suppliers and is protected by United States and international copyright laws Reproduction of such content, in whole or in part, is prohibited without prior consent.

ENTIRE AGREEMENT
These Terms and Conditions, the Privacy Policy, and other policies ICP may post constitute the entire Agreement between ICP and you in connection with your use of the Product Websites (if applicable), the Products, and the Content, and supersede any prior versions of the Terms and Conditions, if applicable. ICP may update these Terms and Conditions from time to time by posting revised Terms and Conditions on the Product Websites, without notice to you, and your subsequent use of the Products, Product Web Sites, and/or Content is governed by those new Terms and Conditions. The Terms and Conditions are effective until terminated by ICP. In the event of termination, the Intellectual Property, Disclaimers, and Limitations of Liability provisions set forth in these Terms and Conditions will survive. In the event of a conflict between any other notice, policy, disclaimer or other term contained in the Product Websites or otherwise, these Terms and Conditions will control. If any provision is deemed to be unlawful or unenforceable, it will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any force or effect.