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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.
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