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AGREEMENT BETWEEN USER AND Carl
Banks' My Money Makerz.com
Carl Banks' My Money Makerz.com
Web Site is comprised of various Web pages
operated by Carl Banks' My Money Makerz.com,
(“Carl Banks' My Money Makerz.com
”).
Carl Banks' My Money Makerz.com
Web Site is offered to you conditioned on your
acceptance without modification of the terms, conditions, and
notices contained herein. Your use of Carl Banks'
My Money Makerz Web Site constitutes your agreement to
all such terms, conditions, and
notices.
MODIFICATION OF THESE TERMS OF
USE
Carl Banks' My Money Makerz.com
reserves the right to change, add, or remove the terms,
conditions, and notices under which Carl Banks'
MyMoneyMakerz.com Web Site is offered, including but not
limited to the charges associated with the use of Carl
Banks' My Money Makerz.com Web Site. Please
check this page periodically for any changes. Your continued
use of the site following the posting of any changes to these
terms shall mean that you have accepted those
changes.
LINKS TO THIRD PARTY
SITES
Carl Banks' My Money Makerz.com Solution
System Web Site may contain links to other Web Sites ("Linked
Sites"). The Linked Sites are not under the control of Carl
Banks' My Money Makerz.com and Carl Banks'
My Money Makerz.com is not responsible for the
contents of any Linked Site, including without limitation any
link contained in a Linked Site, or any changes or updates to
a Linked Site. Carl Banks' My Money Makerz.com
is not responsible for web casting or any other form of
transmission received from any Linked Site. Carl Banks'
My Money Makerz.com is providing these links to
you only as a convenience, and the inclusion of any link does
not imply endorsement by Carl Banks' My Money Makerz.com
of the site or any association with its
operators.
NO UNLAWFUL OR PROHIBITED
USE
As a condition of your use of Carl
Banks' My Money Makerz.com Web Site, you
warrant to Carl Banks' My Money Makerz.com
that you will not use Carl Banks' My Money Makerz.com Solution
System Web Site for any purpose that is unlawful or prohibited
by these terms, conditions, and notices. You may not use Carl
Banks' My Money Makerz.com Web Site in any
manner which could damage, disable, overburden, or impair Carl
Banks' My Money Makerz.com Web Site or
interfere with any other party's use and enjoyment of Carl
Banks' My Money Makerz.com Web Site. You may
not obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided
for through Carl Banks' My Money Makerz.com
Web Sites.
ACCEPTABLE USE OF THIS
WEBSITE
Your use of this website must be
lawful and consistent with the security and reliability of
this site and the World Wide Web. In addition, the following
rules apply to your use of this website:
1. You certify
to Carl Banks' My Money Makerz.com that you
are at least 18 years of age.
2. You assume full
responsibility for the use of this website by any
minors.
3. Your use of this website is subject to all
applicable local, state, national and international laws and
regulations. Your conduct is subject to Internet regulation,
policies and procedures.
4. You are solely responsible
for the content of your transmissions. You acknowledge and
agree that Carl Banks' My Money Makerz.com
does not endorse the actions, the contents of the
communications by and between its users.
5. You must
abide by all of the then-current terms of Carl Banks'
My Money Makerz.com’s Privacy Policy, as set
forth on the website and as updated from time to time by Carl
Banks' My Money Makerz.com in its sole
discretion.
USE OF COMMUNICATION
SERVICES
Carl Banks' My Money Makerz.com
Web Site may contain bulletin board services,
chat areas, news groups, forums, communities, personal web
pages, calendars, and/or other message or communication
facilities designed to enable you to communicate with the
public at large or with a group (collectively, "Communication
Services"), you agree to use the Communication Services only
to post, send and receive messages and material that are
proper and related to the particular Communication Service. By
way of example, and not as a limitation, you agree that when
using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise
violate the legal rights (such as rights of privacy and
publicity) of others.
- Publish, post, upload, distribute or disseminate any
inappropriate, profane, defamatory, infringing, obscene,
indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material
protected by intellectual property laws (or by rights of
privacy of publicity) unless you own or control the rights
thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or
any other similar software or programs that may damage the
operation of another's computer.
- Advertise or offer to sell or buy any goods or services
for any business purpose, unless such Communication Service
specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or
chain letters.
- Download any file posted by another user of a
Communication Service that you know, or reasonably should
know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or
other proper notices or proprietary designations or labels
of the origin or source of software or other material
contained in a file that is uploaded.
- Restrict or inhibit any other user from using and
enjoying the Communication Services.
- Violate any code of conduct or other guidelines which
may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others,
including e-mail addresses, without their consent.
- Use any robot, spider, or other automatic device or
process to monitor or copy our web pages or the content
without our prior express written permission.
- Violate any applicable laws or regulations.
Carl Banks' My Money Makerz.com
has no obligation to monitor the Communication Services.
However, Carl Banks' My Money Makerz.com
reserves the right to review materials posted to a
Communication Service and to remove any materials in its sole
discretion. Carl Banks' My Money Makerz.com
reserves the right to terminate your access to any or all of
the Communication Services at any time without notice for any
reason whatsoever.
Carl Banks' My Money Makerz.com
reserves the right at all times to disclose
any information as necessary to satisfy any applicable law,
regulation, legal process or governmental request, or to edit,
refuse to post or to remove any information or materials, in
whole or in part, in Carl Banks' My Money Makerz.com Solution
System's sole discretion.
Always use caution when
giving out any personally identifying information about
yourself or your children in any Communication Service. Carl
Banks' My Money Makerz.com does not control or
endorse the content, messages or information found in any
Communication Service and, therefore, Carl Banks'
Wealth specifically disclaims any liability
with regard to the Communication Services and any actions
resulting from your participation in any Communication
Service. Managers and hosts are not authorized Carl Banks'
My Money Makerz.com spokespersons, and their
views do not necessarily reflect those of Carl Banks'
My Money Makerz.com.
Materials uploaded to
a Communication Service may be subject to posted limitations
on usage, reproduction and/or dissemination. You are
responsible for adhering to such limitations if you download
the materials.
USER
REGISTRATION
You must register as a “Member”
with Carl Banks' My Money Makerz.com to access
certain functions of the website. You must provide current,
complete and accurate information about yourself (the
“Registration Data”) when registering as a Member. You agree
that such information is truthful and complete. You agree to
maintain and keep your Registration Data current and to update
your Registration Data as soon as it changes. You are
responsible for maintaining the security of your password.
Carl Banks' My Money Makerz.com is not liable
for any loss that you suffer through the use of your password
by others. You agree to notify Carl Banks' My Money Makerz.com
immediately of any unauthorized use of your
account or other breach of security known to you. You also, by
becoming a Member, agree to report violations of these Terms
and Conditions by others to Carl Banks' My Money Makerz.com
.
MATERIALS PROVIDED TO Carl
Banks' My Money Makerz.com OR POSTED AT ANY
Carl Banks' My Money Makerz.com WEB
SITE
Carl Banks' My Money Makerz.com Solution
System does not claim ownership of the materials you provide
to Carl Banks' My Money Makerz.com (including
feedback and suggestions) or post, upload, input or submit to
any Carl Banks' My Money Makerz.com Web Site
or its associated services (collectively "Submissions").
However, by posting, uploading, inputting, providing or
submitting your Submission you are granting Carl Banks'
My Money Makerz.com, its affiliated companies and
necessary sublicensees, permission to use your Submission in
connection with the operation of their Internet businesses
including, without limitation, the rights to: copy,
distribute, transmit, publicly display, publicly perform,
reproduce, edit, translate and reformat your Submission; and
to publish your name in connection with your
Submission.
No compensation will be paid with respect
to the use of your Submission, as provided herein. Carl
Banks' My Money Makerz.com is under no
obligation to post or use any Submission you may provide and
may remove any Submission at any time in Carl Banks'
My Money Makerz.com's sole discretion.
By
posting, uploading, inputting, providing or submitting your
Submission you warrant and represent that you own or otherwise
control all of the rights to your Submission as described in
this section including, without limitation, all the rights
necessary for you to provide, post, upload, input or submit
the Submissions.
LIABILITY
DISCLAIMER
THE INFORMATION, SOFTWARE,
PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH Carl
Banks' My Money Makerz.com WEB SITE MAY
INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE
PERIODICALLY ADDED TO THE INFORMATION HEREIN. Carl Banks'
My Money Makerz.com AND/OR ITS SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN Carl Banks' My Money Makerz.com
WEB SITE AT ANY TIME. ADVICE RECEIVED VIA Carl
Banks' My Money Makerz.com WEB SITE SHOULD NOT
BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL
DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL
FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
Carl
Banks' My Money Makerz.com AND/OR ITS
SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY,
RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
CONTAINED ON Carl Banks' My Money Makerz.com
WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT
WARRANTY OR CONDITION OF ANY KIND. Carl Banks'
Wealth AND/OR ITS SUPPLIERS HEREBY DISCLAIM
ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING
ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT SHALL Carl Banks'
Wealth AND/OR ITS SUPPLIERS BE LIABLE FOR ANY
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING
OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF
Carl Banks' My Money Makerz.com WEB SITE, WITH
THE DELAY OR INABILITY TO USE Carl Banks' My Money Makerz.com
WEB SITE OR RELATED SERVICES, THE PROVISION OF
OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED
THROUGH Carl Banks' My Money Makerz.com WEB
SITE, OR OTHERWISE ARISING OUT OF THE USE OF Carl Banks'
My Money Makerz.com WEB SITE, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE,
EVEN IF Carl Banks' My Money Makerz.com OR ANY
OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF
DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF Carl Banks'
My Money Makerz.com WEB SITE, OR WITH ANY OF
THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING Carl Banks' My Money Makerz.com Solution
System WEB SITE.
While Carl Banks' My Money Makerz.com
takes reasonable steps to safeguard and to
prevent the unauthorized access to your information and
Registration Data, we cannot be responsible for the acts of
those who gain unauthorized access, and we make no warranty,
implied or otherwise, that we will prevent unauthorized access
to your private information. IN NO EVENT SHALL FINANCIAL
HEALTH COACH BE LIABLE FOR ANY DAMAGE WHETHER CONSEQUENTIAL,
DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE)
ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY’S
UNAUTHORIZED ACCESS TO YOUR INFORMATION OR REGISTRATION DATA,
REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT,
STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND
ALSO REGARDLESS OF WHETHER FINANCIAL HEALTH COACH WAS GIVEN
ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGE WAS POSSIBLE.
SERVICE CONTACT :
carl@carbendata.com
RELEASE
YOU HEREBY
RELEASE, REMISE AND FOREVER DISCHARGE FINANCIAL HEALTH COACH,
ITS SERVICE PROVIDERS, AND EACH OR THEIR RESPECTIVE AGENTS,
DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE
PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER
RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND ALL
MANNER OF CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION,
PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS AND
DISBURSEMENTS OF ANY NATURE, WHATSOEVER AND HOWSOEVER ARISING,
WHETHER KNOWN OR UNKNOWNS, WHICH ARISE FROM, RELATE TO, OR ARE
CONNECTED WITH YOUR USE OF THIS
WEBSITE.
INDEMNIFICATION
You
agree to indemnify and hold Carl Banks' My Money Makerz.com,
its subsidiaries, affiliates, officers and
employees, and service providers harmless from any claim or
demand, including reasonable attorneys’ fees, made by any
third party arising out of your use of this website, or the
violation of these Terms and Conditions by you, or of the
infringement by you, or any other user of this website using
your computer, of any intellectual property or other right of
any person or entity. Even though prohibited, people may
provide information that is offensive, false, harmful or
deceptive. Carl Banks' My Money Makerz.com and
its service providers assume no responsibility whatsoever for
such content or actions.
TERMINATION/ACCESS
RESTRICTION
Carl Banks' My Money Makerz.com
reserves the right, in its sole discretion, to
terminate your access to Carl Banks' My Money Makerz.com
Web Site and the related services or any
portion thereof at any time, without notice. GENERAL To the
maximum extent permitted by law, this agreement is governed by
the laws of the State of Florida, U.S.A. and you hereby
consent to the exclusive jurisdiction and venue of courts in
Leon County, Florida, U.S.A. in all disputes arising out of
or relating to the use of Carl Banks' My Money Makerz.com
Web Site. Use of Carl Banks' Web Site is unauthorized in any
jurisdiction that does not give effect to all provisions of
these terms and conditions, including without limitation this
paragraph. You agree that no joint venture, partnership,
employment, or agency relationship exists between you and Carl
Banks' My Money Makerz.com as a result of this
agreement or use of Carl Banks' My Money Makerz.com Solution
System Web Site. Carl Banks' My Money Makerz.com Solution
System's performance of this agreement is subject to existing
laws and legal process, and nothing contained in this
agreement is in derogation of Carl Banks' My Money Makerz.com
's right to comply with governmental, court and
law enforcement requests or requirements relating to your use
of Carl Banks' My Money Makerz.com Web Site or
information provided to or gathered by Carl Banks'
My Money Makerz.com with respect to such use. 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
will 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.
Unless otherwise specified herein, this agreement constitutes
the entire agreement between the user and Carl Banks'
My Money Makerz.com with respect to Carl
Banks' My Money Makerz.com Web Site and it
supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral or written, between the
user and Carl Banks' My Money Makerz.com with
respect to Carl Banks' My Money Makerz.com Web
Site. A printed version of this agreement and of any notice
given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to this
agreement to the same extent and subject to the same
conditions as other business documents and records originally
generated and maintained in printed form. It is the express
wish to the parties that this agreement and all related
documents be drawn up in English.
INTELLECTUAL
PROPERTY, COPYRIGHT AND TRADEMARK
NOTICES:
“Carl Banks' My Money Makerz.com
” and any and all related logos, described in our website are either
trademarks or registered trade names of Carl Banks'
My Money Makerz.com. You may not copy, imitate or
use them without Carl Banks' My Money Makerz.com
prior written consent. In addition, all page headers,
custom graphics, button icons, and scripts are service marks,
trademarks, and/or trade dress of Carl Banks'.
You may not copy, imitate, or use them
without our prior written consent. You may not alter, modify
or change these HTML logos in any way, use them in a manner
that is disparaging to Carl Banks' My Money Makerz.com
or the Service or display them in any manner
that implies Carl Banks' My Money Makerz.com's
sponsorship or endorsement.
All contents of Carl
Banks' My Money Makerz.com Web Site are:
Copyright (c) 2009-2010 Carl Banks' My Money Makerz.com
and/or its suppliers. All rights reserved.
TRADEMARKS
The names
of actual companies and products mentioned herein may be the
trademarks of their respective owners.
The example
companies, organizations, products, people and events depicted
herein are fictitious. No association with any real company,
organization, product, person, or event is intended or should
be inferred.
Any rights not expressly granted herein
are reserved.
NOTICES AND PROCEDURE FOR MAKING
CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to
Title 17, United States Code, Section 512(c)(2), notifications
of claimed copyright infringement under United States
copyright law should be sent to Service Provider's Designated
Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE
WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making
Claims of Copyright Infringement.
PRIVACY
POLICY
Please see Carl Banks'
privacy policy. By accepting these
Terms and Conditions, and each time you use the service, you
consent to Carl Banks' My Money Makerz.com’s
collection, use and disclosure of your information or
Registration Data in accordance with the Privacy Policy
without any further notice or any liability to you or any
other person.
JURISDICTION AND
VENUE
By using this website, you expressly
agree that, regardless of your physical location, that any
claims or causes of action either relating to, or arising out
of the use of this website, or the violation of the above
Terms and Conditions, Privacy Policy or Disclaimers, shall be
brought in the appropriate state or federal court governing
claims arising in Leon County, Florida.
APPLICABLE LAW
The parties
agree that the applicable law to be applied to the use of this
website shall be, in all cases, the law of the State of
Florida.
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