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PLEASE READ THIS DISCLAIMER AND TERMS OF USE AGREEMENT (THE “AGREEMENT”) CAREFULLY PRIOR TO YOUR USE OF THIS WEB SITE. BY CLICKING ON THE “I AGREE TO THE DISCLAIMER AND TERMS OF USE” BUTTON ON THE WEBSITE AND THEREAFTER UTILIZING THE SITE, YOU (“USER” or “YOU”) HEREBY AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT WHICH INCORPORATES BY REFERENCE THE PRIVACY POLICY POSTED ON THE SITE, AS BOTH ARE AMENDED FROM TIME TO TIME. IF THIS AGREEMENT IS NOT ACCEPTABLE AND YOU ARE UNWILLING TO BE BOUND BY IT, PLEASE DO NOT CLICK ON THE “I AGREE TO THE DISCLAIMER AND TERMS OF USE” BUTTON OR OTHERWISE USE THE SITE OR ENTER ANY INFORMATION ABOUT YOURSELF OR TRANSACT ANY BUSINESS THROUGH THIS SITE.
Marketing Miracles, Inc. (referred to as “we” or “us”) is the owner and operator of this Website and the Materials (as defined below) sold thereon.
Eligibility and User’s Warranties and Representations.
We intend that this website and the Materials (as defined below) be used by adults only and Users that can form legally binding contracts under applicable law. Without limiting the foregoing, the website and Materials should not be used by minors. If you do not qualify, you are not permitted to use the website or order the Materials, and you do not have our consent to do so.
Fraud.
Without limiting any other remedies, we may suspend or terminate your account if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with the website.
Links to Third Party Websites.
We may provide links to web pages which are not part of the our web family. These sites are not under our control and we are not responsible for the information or links you may find there. We are providing these links only as a convenience. The presence of these links on any of our websites is not intended to imply our endorsement of that site but to provide a convenient link to relevant sites which are managed by other organizations, companies, or individuals. Accordingly, this Agreement does not apply to your use of unaffiliated sites to which this site only provides links.
User’s Information. "User’s Information" is defined as any information or other material you provide to us or others in connection with the website. Except as otherwise provided in the Privacy Policy, you are solely responsible for User’s Information, and we act as a passive conduit for the online distribution of User’s Information. We reserve, however, the right to modify or remove from the website, all or any portion of User’s Information or other material that we, in our sole discretion, consider infringing, offensive, abusive, defamatory, obscene, or otherwise unacceptable or unlawful. We also reserve the right to edit User’s Information or other materials for any other reason consistent with the purposes of this Agreement or the website.
License, Access and Interference. Use of the Site, Materials and Services Offered by Marketing Miracles, Inc.
The contents of this website and the Materials are protected by copyright, trademark, trade secret and other laws and are the sole and exclusive property of us and/or other owners. We grant you a limited, non-exclusive, revocable, non-assignable, non-sub licensable, non-transferable license to access and make personal use of the (i) website in order to obtain information about, and/or to purchase the Materials and Services offered on the website and (ii) the Materials and Services. This license does not include any resale or commercial use of this website or its contents or the Materials; any collection and use of any Materials, descriptions, or prices; any derivative use of this website or its contents or the Materials; any downloading or copying of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. This website or any portion of this website or the Materials, may not be reproduced, duplicated, copied, sold, resold, visited, modified, disclosed, publicly displayed, reverse engineered, disassembled, decompiled or otherwise exploited for any commercial or other purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information or materials (including images, text, page layout, or form) of ours or of any third party on the website without our express written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent. Any unauthorized use of the website terminates the permission and license granted by us. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the website so long as the link does not portray us or any products or services offered on the website in a false, misleading, derogatory, or other manner which we deem offensive. You may not use any logo or other proprietary graphic or trademark on the website as part of the link without our express written permission. You will not use any device, software or routine to interfere or attempt to interfere with the proper working of the website. You will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. We reserve all rights in the Site, Services and Materials that are not expressly granted under this Agreement and no additional rights or licenses are granted to you by implication, estoppel, course of dealing or otherwise.
Breach.
Without limiting other rights or remedies set forth in this Agreement or as otherwise available by law, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your access to the website in whole or in part: (a) if you breach this Agreement; (b) if we are unable to verify or authenticate any information you provide to us, should we elect to engage in such verification; or (c) if we believe in our sole discretion that your actions may cause legal liability for you, other users, us or third parties.
Privacy.
Our current Privacy Policy is available on the website and is incorporated in this Agreement by reference. We may change our Privacy Policy from time to time, as stated therein.
Warranty Disclaimers and Liability Limitations.
Where we are the owner, distributor and publisher of audio CDs and/or software, and/or transcripts, and/or reports and/or ebooks and/or other training products and/or the accompanying materials described on this site and/or any services (provided by Marketing Miracles, Inc..) (collectively the “Materials”), WE MAKE NO REPRESENTATION OR WARRANTIES WITH RESPECT TO THE ACCURACY, APPLICABILITY, FITNESS, OR COMPLETENESS OF THE CONTENTS OF THESE MATERIALS AND/OR WITH RESPECT TO THE ACCURACY, APPLICABILITY, FITNESS, OR COMPLETENESS OF ANY SERVICES PROVIDED..
The information contained in these Materials and Services are strictly for educational or informational purposes. Therefore, if you wish to apply ideas contained in these Materials, you are taking full responsibility for your actions and are assuming all risks associated with same. YOU UNDERSTAND AND AGREE THAT: (I) THERE IS NO GUARANTEE THAT YOU WILL SAVE OR MAKE ANY MONEY USING THE RESOURCES OR METHODOLOGIES OR SERVICES THAT WE HAVE DESCRIBED ON THIS SITE OR IN THE MATERIALS OR BY USING OUR SERVICES; (II) THOUGH THE TESTIMONIALS ARE FROM REAL PEOPLE WHO HAVE USED AND BENEFITED FROM OUR MATERIALS, EACH TESTIMONIAL REFLECTS UNIQUE CIRCUMSTANCES THAT MAY NOT BE APPLICABLE TO YOUR SITUATION (III) EXAMPLES IN THESE MATERIALS OR ON THE SITE ARE NOT TO BE INTERPRETED AS A PROMISE, WARRANTY OR GUARANTEE THAT YOU WILL SAVE OR MAKE MONEY BY USING OUR MATERIALS AND (IV) THE ACTUAL FINANCIAL BENEFIT YOU EXPERIENCE, IF ANY, IS BASED ON FACTORS OUTSIDE OF OUR CONTROL. ANY CLAIMS MADE OF ACTUAL SAVINGS OR EARNINGS OR EXAMPLES OF ACTUAL RESULTS CAN BE VERIFIED UPON REQUEST. YOUR LEVEL OF SUCCESS IN ATTAINING THE RESULTS CLAIMED IN OUR MATERIALS OR THE SITE DEPENDS ON THE TIME YOU DEVOTE TO SUPERVISING OUR SERVICE DELIVERY, STUDYING OUR PROGRAMS, IDEAS AND TECHNIQUES MENTIONED, YOUR FINANCES, KNOWLEDGE AND VARIOUS SKILLS AND OTHER FACTORS BEYOND OUR CONTROL. SINCE THESE FACTORS DIFFER ACCORDING TO INDIVIDUALS AND COMPANIES AND ARE BEYOND OUR CONTROL, WE CANNOT AND NO NOT GUARANTEE OR WARRANTEE YOUR SUCCESS, NOR ARE WE RESPONSIBLE FOR ANY OF YOUR ACTIONS. OUR MATERIALS AND OUR WEBSITE MAY CONTAIN INFORMATION THAT INCLUDES OR IS BASED UPON FORWARD-LOOKING STATEMENTS. 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 MATERIALS ARE INTENDED TO EXPRESS OUR OPINION OF SAVINGS OR EARNINGS POTENTIAL. MANY FACTORS WILL BE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS AND NO GUARANTEES OR WARRANTIES ARE MADE THAT YOU WILL ACHIEVE RESULTS SIMILAR TO OURS OR ANYBODY ELSE’S, IN FACT NO GUARANTEES OR WARRANTIES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM OUR SERVICES, NOR FROM ANY IDEAS AND TECHNIQUES IN OUR MATERIALS.. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES (EXPRESS OR IMPLIED) INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE IN CONNECTION WITH THE SERVICES WE PROVIDE, THE MATERIALS, OR THIS WEBSITE OR YOUR USE OF SAME. WE DO NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL IN NO EVENT BE HELD LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR OTHER CONSEQUENTIAL DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM ANY USE OF THIS MATERIAL OR WEBSITE OR ANY OF OUR SERVICES, WHICH ARE PROVIDED “AS IS”, AND WITHOUT WARRANTIES. OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS OR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE PURCHASE PRICE PAID BY YOU FOR THE MATERIALS OR USE OF THIS SITE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. As always, the advice of a competent legal, tax, accounting or other professional should be sought.
WE DO NOT WARRANT THE PERFORMANCE, EFFECTIVENESS OR APPLICABILITY OF ANY SITES LISTED OR LINKED TO IN THIS WEBSITE OR THE MATERIALS. All links are for information purposes only and are not warranted for content, accuracy or any other implied or explicit purpose. Indemnity. You agree to indemnify, defend and hold us, our subsidiaries and affiliates and each of our officers, directors, agents, employees, independent contractors and suppliers, harmless from any claim, demand, action, cost and expense, including reasonable attorneys' fees, due to or arising out of the following events: (i) your giving us any information which is inaccurate; (ii) your breach of any warranty, representation or other obligation set forth in this Agreement; (iii) your negligence or willful misconduct; (iv) your violation of any law, regulation or right of any third party; (v) any dispute or action between you and any third party, including parties selling goods or services through this Site; and (vi) your use of this website or the products or services of us or any third party, except for claims resulting solely from our negligence or willful misconduct.
WITH SPECIFIC REGARDS TO PAY PER CLICK, SEARCH ENGINE OPTIMIZATION, LANDING PAGE OPTIMIZATION, WEB DESIGN, PROGRAMMING, WEB PROGRAMMING, WEBMASTERING, AND ANY OTHER SERVICES OR CONSULTING OFFERED BY MARKETING MIRACLES, INC:
No refunds are issued once retainer has been paid unless a specific arrangement to the contrary has been offered in writing, or services and other deliverables have been provided. In all cases maximum refund amount will be equal to the initial payment received for the project set up fees. Client further agrees and understands that fulfillment of services under this Agreement does not guarantee any amount of leads, customers, sales, and/or profits. The outcome of the use or application of consulting services cannot be specifically determined. Marketing Miracles, Inc., its employees, vendors, subcontractors and its principals and stockholders will not be liable for losses as a result of Client’s use or application of services or deliverables provided under this Agreement or ideas, strategies, or concepts derived from same. Marketing Miracles, Inc., its employees, vendors, subcontractors and its principals and stockholders will also not be liable for losses as a result of Client’s use or application of services or deliverables provided under this Agreement or ideas, strategies, or concepts derived from same.
Phone, email, or in-person consulting requires an appointment time, agreeable to both parties. Client will provide reasonable notice to schedule these appointments, and understands that due to the high demands on Marketing Miracles, Inc’s owners’, employee's, vendors’, and sub-contractors’ time, delays may be encountered when scheduling appointments. Client will pay long distance expenses for phone consultations as well as first class travel expenses that may result from in-person consultations, in accordance with the Agreement.
COMPETITIVE CONFLICTS
While Marketing Miracles Inc. will always strive to improve the financial wellbeing of its clients, the nature of the marketing business prevents us from making any non-competitive commitments unless specifically agreed to in writing as part of a separate and distinct agreement. Therefore, Marketing Miracles, Inc. (as well as it's owners, principals, employees, and associates, on behalf of Marketing Miracles, Inc. as well as their own persons) expressly disclaims any obligation to consider competitive conflicts unless a separate non-compete agreement is developed and agreed to specific to each individual client and marketing situation. You acknowledge and agree to that Marketing Miracles, Inc. would NOT have engaged in a business relationship with you if competitive issues were a consideration.
We will, however, consider entering into a non-disclosure arrangement as a separate agreement where this is a major concern. An even higher level of security is possible by requesting that only ONE of our managers be allowed to access your account, and that (s)he not be allowed to share the information with the other managers who work full time, in house, side by side with him or her. We discourage this because we believe there is a strong benefit to the client of working with a whole team as a brain-trust (they help each other solve problems and spot opportunities). Nevertheless, we recognize some clients have these concerns and will accommodate where necessary.
NON-SOLICITATION AND NON-CIRCUMVENTION
A) Nonsolicitation. While utilizing our services, and for a period of one (1) year after the termination or expiration hereof, YOU, on your own behalf or in the service or on behalf of others, shall not directly or indirectly solicit, divert or hire away, or attempt to solicit, divert or hire away, without Marketing Miracles, Inc.'s express written consent, any person engaged by Marketing Miracles, Inc. in connection with servicing your account, and with whom YOU had contact during the one (1) year period immediately preceding the termination or expiration of your services, for the purpose of engaging such person to provide services for YOU that are similar to those provided by Marketing Miracles, Inc. under this Agreement.
B) Non-circumvention. During the term of this Agreement and for a period of one (1) year after the termination or expiration hereof, YOU, on your own behalf or in the service or on behalf of others, shall not directly or indirectly, without Marketing Miracles, Inc.’s express written consent, solicit or attempt to solicit any entity or individual engaged by Marketing Miracles, Inc. to perform services in connection with the your project or this agreement, for the purpose of providing the following services directly to YOU: pay per click management services, search engine optimization services, article marketing services, any internet marketing services, industry and competitive research/assessment/analysis, brand positioning/identity, marketing surveys, focus groups, business intelligence, business data mining, distribution/market strategy analysis, consumer-centric communications, web site design and related marketing, advertising and marketing consulting services.
Exceptions to this policy may be authorized by us in writing, and one will de facto be presumed to exist if we directly refer you to a vendor along with verbiage which concretely directs you to pay their bills directly, rather than through our company.
C) The parties acknowledges and agree that the covenants set forth in this Agreement are (i) material terms of this Disclaimer and Terms of Use Agreement (ii) inherently reasonable in scope to protect the legitimate interests of Marketing Miracles, Inc. and (iii) will not unreasonably or unduly interfere with YOUR ability to compete in or procure services from the marketplace.
NOTICE OF REFERRAL FEES AND COMMISSIONS
The person or company who referred you to Marketing Miracles, Inc., and specifically to this site may be receiving a commission payment for their referrals. (Usually a percentage of fees collected from clients referred). You should not rely exclusively on this person's referral in determining whether to do business with Marketing Miracles, Inc., and by agreeing to ths Disclaimer and Terms of Use Agreement you represent that you will do (or have done) due diligence in evaluating Marketing Miracles, Inc. separate and apart from the recommendation you received that resulted in your visiting and/or making payment on this site.
NOTICE OF DIFFERENCES FROM PREVIOUS PRESENTATIONS, RECORDINGS, BOOKS, ARTICLES, and AUDIO/VISUAL RECORDINGS:
Our promoters are constantly learning and upgrading their marketing knowledge, and adjusting our systems and expertise. We accordingly can not promise to comply with any particular previous statement, philosophy, or comment made outside of this specific and binding agreement by either our principals, direct promoters, or affiliates.
TERM AND TERMINATION
A) This Agreement shall commence on the Effective Date and shall continue until terminated as provided herein.
B) Termination For Breach: Either party may terminate this Agreement upon breach of any material provision hereof by the other which breach remains uncured for a period of thirty (30) days following receipt of a written notice of the breach. In order to be effective such notice must set forth the nature of the breach with sufficient specificity to enable the recipient thereof to cure said breach.
C) Notwithstanding the foregoing, Marketing Miracles, Inc. may terminate this Agreement immediately and without any notice to YOU in the event that YOU causes or threatens to cause Marketing Miracles, Inc. to be in breach of any agreements that Marketing Miracles, Inc. may have with any person or entity engaged by Marketing Miracles, Inc. to perform services in connection with the Project or this Agreement.
D) Termination Without cause: Marketing Miracles, Inc. may terminate this Agreement absent a breach provided that it gives thirty (30) days prior written notice to YOU.
EFFECTS OF TERMINATION
A) Upon termination of this Agreement for any reason, all provisions which by their nature are intended to survive the termination of this Agreement, shall so survive
MORE LIMITATIONS OF LIABILITY
IN NO EVENT SHALL Marketing Miracles, Inc., ITS AGENTS, SUCCESSORS OR ASSIGNS BE LIABLE FOR LOST PROFITS, OR FOR ANY SPECIAL, DIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, REGARDLESS OF FORM OF ACTION, EVEN IF Marketing Miracles, Inc., HAS BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES.
B) IN NO EVENT SHALL Marketing Miracles, Inc., ITS AGENTS, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY DAMAGES UNDER THIS AGREEMENT WHICH EXCEED THE AMOUNTS YOU ACTUALLY PAID TO Marketing Miracles, Inc., UNDER THIS AGREEMENT.
INDEMNIFICATION
YOU, at your own expense, shall defend, indemnify, and hold harmless Marketing Miracles, Inc., , its agents, employees, officers, affiliates, successors and assigns from any and all expenses, costs, judgments or damages, including but not limited to reasonable attorneys’ fees, with respect to any claim, action or threat of action of any kind or nature asserted against Marketing Miracles, Inc., , its agents, employees, officers, affiliates, successors and assigns in any way arising out of or in connection with any project or the performance of this Agreement, whether such claims are brought by YOU or other third parties.
INDEPENDENT CONTRACTOR
It is expressly understood that the parties are contractors independent of one another, and not joint venturers, agents or employees of one another and that neither has authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in a writing signed by both parties hereto.
MISCELLANEOUS
Severability: The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. In the event that any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision.
Release; Covenant Not To Sue.
You hereby release, agree and covenant not to sue us, our subsidiaries and affiliates, and our officers, directors, agents, employees, suppliers and independent contractors, from or in connection with any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with the Materials, our Services, or your use of this website, other than willful misconduct or our failure to honor an express commitment posted on the website (i.e., if we fail to deliver Materials or Services to you which you paid for). If you are a California resident, you hereby waive California Civil Code §1542, which says: "a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Notices.
Except as explicitly stated otherwise, any notices shall be given by postal mail to us at 22 Grandview Road, Windham, NH 03087 and to you at the email address you provide to us. Notice shall be deemed given 24 hours after email is sent, unless we are notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided by you. In such case, notice shall be deemed given 3 days after the date of mailing. Arbitration. Any controversy or claim between you and us or our subsidiaries and affiliates, and our officers, directors and employees, arising out of or relating to this Agreement or your use of the website or the Materials, shall be settled by binding arbitration, before a single arbitrator, in accordance with the commercial arbitration rules of JAMS which shall administer the arbitration. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party, nor shall arbitration on a class action basis be permitted. The arbitration award shall be in writing and shall include findings of fact and conclusions of law. Judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either party may seek any interim or preliminary relief from a court of competent jurisdiction necessary to protect the rights or property of either party pending the completion of arbitration.
Tracking Technologies
We use Google Adwords and Google Analytics tracking technologies to better understand how people coming from various keyword searches use our site. We feel this empowers us to give users a better experience and deliver what they want more effectively.
Taxes.
You are responsible for paying any taxes that may be assessed or otherwise due in connection with any transactions or purchases that you make through us or the website.
General. Choice of Law, Headings and Non-waiver.
This Agreement shall be exclusively construed, interpreted, governed and enforced in accordance with the laws of the State of New Hampshire, without regard to rules governing conflicts of laws, except that in underlying transactions involving commerce, the enforcement of this arbitration provision shall be governed by the Federal Arbitration Act. The parties further agree that this Agreement shall be deemed to have been negotiated, entered into, executed and performed for all purposes within the State of New Hampshire. Either party’s failure to act with respect to a breach does not waive the non-breaching party’s right to act with respect to subsequent or similar breaches.
Severability.
The invalidity of any portion of this Agreement will not affect the validity of any other provision and any such finding of invalidity or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. In the event that any provision of this Agreement is held to be invalid or unenforceable, the parties agree that the remaining provisions will be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. It is expressly understood, however, that the parties hereto intend each and every provision of this Agreement to be valid and enforceable and hereby knowingly waive all rights to object to any provision of this Agreement to the full extent permitted by law. Accordingly, if any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision(s) will, rather than be stricken in their entirety, be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
Entire Agreement; Amendment.
This Agreement contains the entire Agreement of the parties relating to its subject matter and supersedes any prior or contemporaneous agreements, negotiations, correspondence, understandings or communications, whether oral or written. This Agreement may not be modified or amended except in writing, signed by both parties, or as otherwise provided herein. Because of changes in Internet technology and practices, this Agreement and our security and other policies may change from time to time. Please consult this portion of the website for important changes to the Agreement as they occur. Unless otherwise provided in a separate written agreement between you and us, by using the website after we post any changes to this Agreement, you agree to accept those changes, whether or not you have reviewed them, and such acceptance shall be deemed legally conclusive. If at any time you choose not to accept the terms of this Agreement, you will not use the website. This Agreement applies to your use of this website or other sites that we may own or operate in the future, unless such sites provide otherwise.
Modifications:
Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if evidenced in writing signed by each party or an authorized representative of each party.
Assignment:
This Agreement may not be assigned by either party without the written consent of the other party, which consent shall not be unreasonably withheld, except that Marketing Miracles, Inc., may, within its sole discretion, engage independent contractors or other preferred service providers to perform any or all services in connection with the Project or this Agreement.
Counterparts:
This Agreement may be executed in counterparts, each of which will be deemed an original, but all of which taken together will constitute but one and the same instrument. This Agreement may be executed and delivered by facsimile, and/or electronic "click wrapped" or "click through" agreements (wherein YOU agree by checking the terms and conditions box and submitting the electronic form), and the parties agree that such facsimile or "click through" execution and delivery will have the same force and effect as delivery of an original document with original signatures, and that each party may use such facsimile signatures and/or "click through" execution as evidence of the execution and delivery of this Agreement by all parties to the same extent that an original signature could be used.
Continuing Cooperation:
The parties agree to execute any documents or perform such other and further acts as are reasonably necessary to comply with the letter and spirit of this Agreement. The Materials are © copyrighted by Marketing Miracles, Inc.. No part of the Materials may be copied, or changed in any format, sold, or used in any way other than what is outlined within the Materials under any circumstances.
If you have a copyright infringement claim regarding any materials posted on our website, you are directed to file a copyright infringement notice with us by sending a written communication that includes substantially the following information (please consult your attorney or review § 512(c)(3) of the United States Copyright Act to confirm the accuracy of these requirements):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
(iv) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Such written notice should be sent to our designated agent as follows:
DMCA Complaints
RocketClicks.com
22 Grandview Road
Windham, NH 03087
Fax: 516-706-0475
Email: support@rocketclicks.com
Please also note that under § 512(f) of the United States Copyright Act, any person who knowingly makes a material misrepresentation that activities or materials are infringing a copyright may be subject to liability.
Counter-Notification.
If you elect to send us a counter notice, to be effective it must be a written communication provided to our designated agent that includes substantially the following (please consult your attorney or review § 512(g)(3) of the United States Copyright Act to confirm the accuracy of these requirements):
(A) A physical or electronic signature of the user.
(B) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
(C) A statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
(D) The user’s name, address, and telephone number, and a statement that the user consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the user’s address is outside of the United States, for any judicial district in which we may be found, and that the user will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
Such written notice should be sent to our designated agent as follows:
DMCA Complaints
RocketClicks.com
22 Grandview Road
Windham, NH 03087
Fax: 516-706-0475
Email: support@rocketclicks.com
Please note that under Section 512(f) of the Copyright Act, any person who knowingly makes a material misrepresentation that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
Please also be advised that it is our policy to terminate users’ access to and use of this website in appropriate circumstances, where such users are repeat copyright infringers.
RocketClicks.com wants you to be fully informed when you purchase from us, our endorsers, or any third party we may link to or recommend on any of our sites. We take pride in our products, services, and recommendations, and want our visitors to get the maximum positive results from their purchases, whether this be in direct profit, education, or peace of mind. In this light we believe it's important for you to understand the following facts before making a purchase from any of our sites our site, or any site we may refer you to through third party links:
FINANCIAL RELATIONSHIPS WITH ENDORSERS: If any of the following people referred you to our site via a tracking link, they may receive a commission on any products or services you purchase: Perry Marshall, Terry Dean, Fred Gleeck, Howie Jacobson, Steve Duce, Jeff Mulligan, Sean Page, Mark Wittkowski, Jimmy Brown, Eric Stewart, Bill Harrison, Bryan Ellis, Hakim Chisti, Brian Therrien, Stephen Georgulis, Bryan Todd, Jan Stefannacci, Jeff Hughes, Sam Hughes, Dave Seldon, Pat Wiklund, John Parker, Sunny Hills, Liz Crawford, Art Shulman, Joel Raphael, Joel Reish, Angus McAllister, Lyn Ciocca, George Bouklas, Ann Duke, Bob Bly, Paul Stevens, Don Hudson, Phil Barnao, Elizabeth Purvis, TJ Campoli, Dave Hamilton, Mark Sanborn, John Ross Bowie, Jim Cathcart, Dru Scott Tucker, Jon Eklof, Dave Baker, Joanne Mac Donald, Bert Decker, Chris Dutson, Dianna Booker, Scott McKain, Danny Cox, Naomi Rhode, Scott Straub, Paul Stevens, Bill Song, Yoav Ezer, Michael Zipurski, Peter Swanson, Ty Boyd, Terry Paulson, Jilliana Raymond, Mark Harris, Catherine Tan Eyck, Mike Burnam, Mike Corrigan, Joshua Ray, Bobbi Schnee, Nissan Gable, Jason Chung, Tim Carver, Steven Pam, Ramone Dees, Morgan Davis, Charles McCorquodale, Jeff Dodds, Travis Giggy, Angela O'Mara, Ken Greco, Daniel Levis, Damon Dickinson, Barbara Warburg, Carol Colvin, David Meadows, Carol Arnato, Brett Rhodes, Roger Anthony, John J. Kidd, and/or Dr. Grace Cornish. Because of this financial relationship, you should not rely solely on their endorsement in making a purchase decision, and must exercise due diligence in evaluating our products and services using information obtained beyond their specific endorsements and the sales site in particular.
GENERALLY EXPECTED RESULTS FROM OUR SERVICES: Where professional services are concerned, we don't warrant that typical results will include any amount of visitors, leads, sales, or profits. In fact, it's entirely possible you may do worse financially while using our services than before you hired us. For example, we have serviced happy customers who's businesses were declining, and we merely managed to slow the fall (and free their time) long enough for them to regroup and make solid plans to exit. And although our service business would certainly not exist if we didn't provide financial value to our customers, the above is not the only circumstance in which you may lose money, and as such you should not rely upon results reported on our sales pages when deciding whether or not to purchase our services. Clients utilizing our services more often than not do not report increases in sales, leads, or profits, and many report losses. Profitable results should therefore be considered the exception rather than the rule. Clients utilizing our services can generally expect not to see any increase in sales, leads or profits. It is entirely possible you will lose money as a result of using our services.
GENERALLY EXPECTED RESULTS FROM OUR PRODUCTS: Although our products are intended to be fully implemented, and we work hard to ensure it's easy to do so, the typical user of virtually all marketing education products treats them in much the same way they treat a book. The vast majority read or skim through it once, then "leave it on the bookshelf". The results of such education are intangible, and not measured in direct profit. And even when consumers implement our product in full, more often than not they do not report increases in profits, leads, or sales. Reports of specific profits should therefore be understood as the exception rather than the rule. Consumers who use our products can generally expect not to see any increase in sales, leads, or profits. It is entirely possible you will lose money as a result of the advice contained in our products.
GENERALLY EXPECTED RESULTS FOR OUR AFFILIATES: 98% of our affiliates remain inactive, doing nothing to promote the program after signing up, and thus never making a single sale. Of the remaining 2%, the vast majority do not succeed in making any sales. Therefore, notwithstanding the fact that potential forward looking earnings on our affiliate solicitation pages are true and accurate to the best of our knowledge, profiting from our affiliate program should be considered the exception rather than the norm. The majority of affiliates will lose time, money, and effort in their promotional activities for our programs.
GLENN LIVINGSTON'S PERSONAL SUCCESS: Glenn Livingston's personal success, and in particular the financial graph presented which represents his first 19 months in information publishing after inventing his marketing formula (which is the same period referenced in Perry Marshall's testimonial where "80% of his projects succeed out of the gate"), were due at least as much to his personal background in marketing, research, statistics, psychology, and writing as they were to the market formula itself (the marketing formula put it all together and allowed him to leverage all of the above). Furthermore, this accomplishment occurred during both an earlier economic climate AND in the context of different internet marketing opportunities (for example, a lower level of competition in Google Adwords). Accordingly, you should not expect anywhere near the same results as he achieved (or continues to achieve) personally, nor as an owner of RocketClicks.com. The same is true for his publicity obtained. The same is true for the success of other companies he has started like RocketClicks.com (which are entirely separate legal entities from RocketClicks.com). Glenn Livingston's corporate consulting career (responsible for the long list of Fortune 100 companies in many of RocketClicks.com sales pages) was done through two other corporations in which he is a 50% owner (his wife owns the other half) - The Livingston Group for Marketing, Inc., and Executive Solutions, Inc. Many, but not all clients in the aforementioned list were serviced by Glenn Livingston personally. (All were serviced by one of the latter two consulting companies) Additionally, while Glenn and Sharon Livingston are principals in the company, they are no longer employed by Rocket Clicks, no longer hold any corporate titles, nor are they involved in any of the day to day operations. Their sole roles at this juncture are to function as strategic advisors, helping to determine the overall direction of the company. Jeff Hughes is the CEO (and co-founder) responsible for company operations, systems, and client service.
ABOUT RESULTS FROM EARLIER ECONOMIC CLIMATES, INTERNET CONDITIONS, OR REQUIRING ADDITIONAL RESOURCES: Some of the results reported on certain product pages within RocketClicks.com websites occurred during both an earlier economic climate and/or in the context of different internet marketing opportunities (for example, a lower level of competition in Google Adwords) and resources. For example, you may find reports of individuals who profited tremendously in a short period of time. These would not have been possible if the individual had not aggressively developed and nurtured their sites and customer lists prior to this period. Other customers reporting profitable results could not have achieved them had these businesses not already had significant resources already in place having nothing to do with our products and/or services, nor could many of them be repeated in today's internet climate. Accordingly you should not rely solely on these testimonials when making your purchase decision. Again, reports of specific profits should be regarded as the exception, rather than the rule. Consumers who use our products can generally expect not to see any increase in sales, leads, or profits. It is entirely possible you will lose money as a result of the advice contained in our products. Clients utilizing our services can generally expect not to see any increase in sales, leads or profits. It is entirely possible you will lose money as a result of using our services.
NOTICE OF AFFILIATE TRACKING LINKS AND COMMISSIONS RECEIVED BY OUR COMPANY: Our policy when linking to third party sites is to (a) only link to sites we can genuinely recommend and endorse unless otherwise qualified in the proximate vicinity of the link and (b) use affiliate tracking links whenever they are available so we might profit from the time, energy, and work which goes into identifying and reviewing these valuable resources. You should assume we have a financial relationship with third party sites unless explicitly stated otherwise, and as such should not rely entirely upon our recommendation when making your purchase decision.
"Rocket Clicks", "RocketClicks.com", "RocketClick.com", and "Rocket Your Business to the Next Level" are trademarks of Marketing Miracles, Inc. All other marks are the property of their respective owners. Many testimonials were gathered at Glenn Livingston's "After the Click" How To Double Your Business marketing research seminar. Some refer to previous work done by the Livingstons in their other companies. Endorsers are not paid for their testimonials, however they are also permitted to act as affiliates and may receive a commission in the event they referred you directly to our site prior to a purchase. Testimonials do not represent what the typical RocketClicks.com customer will achieve. There are many factors and risks involved in business beyond our control and some customers do lose money even with our services. Please read our Generally Expected Results Statement above prior to purchase.