|Hi Friend, We wish we could do business with just a handshake, but the legal environment demands the following agreement. It’s just legalese; the truth is, if you ever have any issues, get hold of us, we’ll work to make you happy.|
Quantumnetics International Inc, Parthenon Marketing, Inc and Diversified Resources & Associates & Joint Venture Partners
Notice: This offering is a contract between you, Buyer, and our company, Seller. These same terms apply for all transactions, communications, etc, online and offline alike. You need to read them carefully, as, under the terms stated in this “Legal Notices” you hereby give your irrevocable “implied consent” to these terms. You cannot participate in any manner without agreeing with these terms in whole. By electing to participate in this offer, you are entering into a contract. You do not have to participate in any offer we make.
You may contact us at Quantumnetics International Inc, 40 Burton Hills Blvd #200, Nashville TN 37215 USA, +1-615-662-3169, web: www.Quantumnetics.com, email: info [at] ehaste.com
Terms Of Service
By viewing, using, or interacting in any manner with this site, including banners, advertising, or pop-ups, downloads, and as a condition of the website to allow his lawful viewing, Visitor forever waives all right to claims of damage of any and all description based on any causal factor resulting in any possible harm, no matter how heinous or extensive, whether physical or emotional, foreseeable or unforeseeable, whether personal or business in nature.
Visitor agrees that in the event he causes damage, which the Website is required to pay for, the Visitor, as a condition of viewing, promises to reimburse the Website for all.
No additional notice of any kind for any reason is due Visitor and Visitor expressly warrants an understanding that the right to notice is waived as a condition for permission to view or interact with the website.
As an inducement to Companies to provide materials on the Internet or other methods, by using this site, inquiring from us, reading our materials, or purchasing products or services from us, you agree to these terms and conditions. Please make sure you read this section carefully and understand the terms and conditions herein.
|You explicitly agree, should you do any work for Parthenon Marketing Inc or associate companies, that all work is “done for hire” and that company(s) own ALL RIGHTS to any products, advertising materials, websites, etc…
By use of any information and hyperlinks (collectively called “Materials”), or purchase of any products or services (collectively called “Products”) communicated through this Internet Web site, listserver, e-mail server, e-commerce processor, autoresponders, domain name server (collectively called “Service”), or any and ALL contacts or transactions offline or online, you hereby acknowledge, and agree to the following:
In accord with the latest FTC guidelines, we notify you that the customer testimonials and case studies are atypical. In some ways, a program in higher consciousness is like a biz-opp or weight loss program, in which the average person does nothing, and therefore receives nothing. We cannot and do not promise that you will experience similar results from using our product/service. In fact, since everybody has different aims, agendas, natural abilities, and applies themselves differently, your results will surely vary. Said product/service is for educational and entertainment purposes only.
By using product and services you agree that you are 18 years or older (or have written consent from parents or legal guardian) and have read, understand, and agree that all information is subject to the service recipient’s interpretation, and that we will not be held accountable for any interpretations or decisions made by recipients based on information provided during any instruction, meditation, correspondence, broadcast, conversation, or readings.
Ours is a spiritual philosophy and practice; we give no legal medical, relationship, psychological, or financial advice, and make no claims, promises, or treatments, and advise you to seek relevant competent professional help should you need it.
Companies and our dealers, associates, speakers, joint venture partners, agents and licensors expressly do not make any warranties, including, without limitation, guarantees of income, warranties of fitness for a particular purpose, as well warranties of accuracy, completeness, currentness, noninfringement, merchantability with respect to the Service, the Materials, or the Products provided or offered here.
While attempts have been made to render information to high journalistic standards, neither the Author, Publisher, nor any speaker or participant makes any claims, promises, or guarantees about the accuracy, completeness, or adequacy of the information contained in this book or related products or linked to or referred to. We do not assume, and hereby specifically disclaim, any responsibility for errors, omissions, contrary interpretation, or any other matter related to the subject matter and its rendering herein.
All statements are made relying on sources believed to be reliable. The earnings and income claims speakers, presenters, authors, copywriters, customers, clients, and others make are believed to be true, but were not verified. Your results will vary.
Neither we nor any of our dealers, associates, joint venture partners, speakers, agents and licensors shall be liable for any direct, indirect, incidental, punitive, or consequential loss, damage or injury of any kind whatsoever in connection with the Site, Products, or Services, even if advised on the possibility of such damages. Be advised: this includes accusations of spamming and unsolicited commercial email. Under no circumstance is Parthenon Marketing Inc and associated companies responsible for any alleged or proven default on the part of any provider, author, speaker, expert, supplier, or joint venture partner in any manner.
In no case shall our liability, as well as the liability of our dealers, associates, agents and licensors, if any, arising out of any kind of legal claim (whether in contract, tort or otherwise) in any way connected with the Site, the Service, the Material, or the Products, exceed the total dollar amount you paid us or our dealers, associates, agents and licensors.
All websites, products, and services are provided “as is” “with all faults” without warranty of any kind, express or implied, including, but not limited to the implied warranties of merchantability and fitness for a particular purpose. Our company(s) does not warrant, guarantee, or make any implications, regarding the use, or the results of the use of the websites, reports, books, products, and services, in the terms of accuracy, reliability, currentness, or otherwise. The entire risk as to the websites and performance of the websites, copy, reports, products, and services are assumed by you. If the websites, products, or services are defective in any way, you, not company and associates, assume the entire risk of all necessary repair, servicing, or correction.
This is the only warrant of any kind, including express and implied, made by our company. No oral or written information, copy, or advice given by our company shall create a warranty or in any way expand scope of this warranty, and you may not rely on such information or advice to do so.
With every product, service, program, bootcamp, recommendation, etc, reasonable efforts have been made to accurately represent it and it’s potential. Even though this industry is one of the few where one can write their own check in terms of earnings, there is no guarantee that you will earn any money using the techniques and ideas in these materials. Examples in these materials are not to be interpreted as a promise or guarantee of earnings. The law suggests we tell you any results are atypical. Earning potential is entirely dependent on the person using our product, ideas and techniques. We do not purport this as a “get rich scheme.”
Testimonials and Endorsements: This is to notify you that, since statistics say that 90% of people never make it though the first chapter of a new book they buy (much less make it to the end or APPLY it), that no testimonial or endorsement on any site we control can be construed as being average. As we say, “results not typical”. You should also know that our company has done NO investigative work on the claims select people make; we are just reporting the results as they report them to us. The AVERAGE purchaser of our product, like most products, have been shown in study after study, to which we defer, to make zero income from the advice or plan.
Your level of success in attaining the results mentioned in our materials depends on the time you devote to the program, ideas and techniques mentioned, your finances, knowledge the efforts you make, and various skills. Even luck could be involved. Since these factors differ according to individuals, we cannot guarantee your success or income level.
Materials in our product and our website may contain information that includes or is based upon forward-looking statements within the meaning of the securities litigation reform act of 1995. Forward-looking statements give our opinions, 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,” “potential,” “intend,” “plan,” “believe,” and other words and terms of similar meaning in connection with a description of potential earnings or financial performance, including the statement “you can do it too.”
Any and all forward looking statements here or on any of our materials or websites are intended to express our opinion of earnings potential. Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to ours or anybody else’s, in fact no guarantees are made that you will achieve any results from our ideas and techniques in our material. In fact, because most people do nothing with the knowledge and materials they receive, they receive nothing; statistically it is likely you’ll fit into the same category. One thing for sure, higher or lower, your results will vary.
You assume full responsibility for adherence to any and all applicable laws and regulations, including federal, state and local, governing professional licensing, advertising, business practices, and all other aspects of doing business in the United States or any other jurisdiction in the world. Any Materials, Products, and offerings are void where prohibited by law. Under no circumstance is anything written or spoken to be construed as a representation of the income you will make or a guarantee of income. We make NO GUARANTEES OF INCOME.
All statement, stories, research findings, etc, are derived from sources believed reliable. While all ordinary due diligence attempts have been made to verify information provided, in any publication of any nature Companies make or offer, including books, manuals, cassettes, videos, letters, websites, etc, neither Author, Publisher, nor Companies assume any responsibility for errors, omissions, or contrary interpretation of the subject matter herein. We provide information products only. Any earnings or income claims of outside parties have not been verified and are believed true; they may not be representative of your experience. You may do better or worse. Your results will vary. Any perceived slights of specific persons, peoples, organizations, or practices is unintentional.
Participant hereby releases Companies, the Program and the Principals and Speakers from, and agrees and covenants that participant will not sue same or take any action on account of any and all claims or causes of action in connection with the Companies, Program, Products, etc, and, in no event shall Participant contact any governmental agency whatsoever, and doing so is an express, immediate, and demanding termination and cancellation of any agreements between parties – voiding every transaction, making it impossible to seek any refund or transaction, and participant shall not hold any Course, the Companies, Program or the Principals or Speakers be liable for any punitive damages, incidental or consequential damages whatsoever. Companies entire liability, and the purchaser’s exclusive remedy, shall be a refund of the price paid, or a replacement of the product(s), at our option. We limit all refunds and replacements to 30 days, unless otherwise expressly stated in a specific product offering. All remedies are limited to the United States. Participant acknowledges that the limitations of its remedies provided for herein do not fail of their essential purpose and that it is not unconscionable for the Course, the Program and its Principals to seek and obtain such limitations of its and their financial exposure to the Participant. To the contrary – Participant hereby acknowledges it is sound, good, defensive business practice to seek limitations of exposure, and hereby expressly agrees to same.
Participant hereby agrees to and does indemnify Companies and any Course, the Program and its Principals and holds them, and each of them, harmless from and will defend them against any and all claims, judgments, liabilities, expenses and damages (including attorney’s fees and costs) arising out of or in connection with any breach by Participant of its obligations, agreements of covenants hereunder, and, any acts or omissions by Participant, its agents, representatives and employees whatsoever. Buyer accepts the obligation to reimburse the Seller for all court costs, investigation costs, attorney fees, and all litigation-related costs in the event Buyer brings suit against the Seller and does not prevail in court or at arbitration. Any and all claims and actions arising out of the Program, this document, or otherwise, shall be exclusively arbitrated in Davidson County, State of Tennessee (or the closest available location), in accordance with the then prevailing Rules & Regulations of the American Arbitration Association, which proceedings shall be final and binding, and strictly confidential. Neither the existence of such proceedings or the results thereof shall be disclosed to any third party, unless expressly required by law.
“This publication (and all publications released or marketed by Companies) is designed to provide general information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional services. If legal, accounting, or other professional services are required, the services of an independent professional should be sought. From a declaration of principles jointly adopted by a committee of the American Bar Association and the committee of the Publisher’s Association.”
The purchaser or reader of all publications assumes full responsibility for the use of said materials and information, including adherence to all applicable laws and regulations, federal, state, and local, governing professional licensing, business practices, advertising, and all other aspects of doing business in the United States or any other jurisdiction in the world. No guarantees of income are made. Publisher reserves the right to make changes. You do not have to accept these terms, you can reject any offer we make and leave the site, return the product for a refund, cancel all mailings, etc. Be advised: the Author, Publisher, and Companies assume no responsibility or liability whatsoever on the behalf of any purchaser or reader of these materials.
Appropriate Use of Services
Companies provide certain Services, and make no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services. You are responsible for your own content.
You agree that you will not distribute, electronically transmit or display any materials in connection with use of Companies’ Services which: violate any state, federal or foreign laws or regulations; infringe on any intellectual property rights (e.g., copyright, trademark, patent or other proprietary rights) of any party; are defamatory, slanderous or trade libelous; are threatening or harassing; are discriminatory based on gender, race, age – this included NO pornography of any kind; that promote hate; that violate any Companies’ policy posted on Companies’ Site; or contain viruses or other computer programming defects which result in damage to any party.
No “Spam”. You shall not use the Services for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process. You shall not engage in any unsolicited email practices in relation to Companies’ services, equipment, materials, etc.
Termination. Companies may, in Companies’ sole discretion, immediately terminate any agreement, license, or service without remedy if you engage in any of the foregoing or if you violate any terms of service in any manner. You are hereby advise that you have no recourse.
All trademarks or registered trademarks are property of their respective owners. Usage of other trademarks is only for illustrative, educational, or entertainment purposes, without intent to infringe. Any such trademark usage does not constitute endorsement by Companies, or any of its dealers, associates, affiliates, licensors.
HoloMagic™ is a trademarked term.
Important Disclaimer: This website / book / product / etc was not prepared, approved, licensed, or endorsed by the Napoleon Hill Foundation or any entity involved in creating or producing anything relating to the Napoleon Hill Foundation. This site and its teaching make many references to the classic 1937 book “Think And Grow Rich” by Napoleon Hill. THINK AND GROW RICH® is the registered trademark and property of the Napoleon Hill Foundation. The book title “Think And Grow Rich” and this Web site and any references are being used for illustrative purposes only, without permission and are not authorized by, associated with, endorsed by, or sponsored by the Napoleon Hill Foundation.
Unless where indicated otherwise, copyright for all materials rests with Parthenon Marketing Inc. © Parthenon Marketing Inc, all rights reserved worldwide. By submitting unsolicited Material submitted through the Service or to any email, you agree that such material enters our copyright, unless indicated or agreed upon otherwise, and can and may be used in Companies’ educational and marketing efforts..
No translation or reproduction, either electronically or mechanically, permitted except in cases where previous express permission has been granted which includes full and proper credits, without express written permission from Companies. Any violation of our copyrights, patents or trademarks will be quickly prosecuted to the fullest extent of the law.
We detest spam as much as you do. We respect your privacy. We do not share, rent, or sale our email or mailing list information with other companies or marketers. We specifically disclaim responsibility for accidental or intentional misuse of information by ourselves or any 3rd party. Also we may disclose information when we are legally compelled to do so or to protect site owner’s rights.
If you supply us with your email or any other contact info or address you may receive periodic mailings from us with information on new products and services or upcoming events. You hereby certify you express OPT-IN permission to the same. If you do not wish to receive such mailings, please let us know by responding to the remove link included with each system e-mailing. You will be removed promptly.
For each visit to our Web site, our Web server automatically recognizes only the visitor’s IP address, but not the e-mail address, unless the visitor volunteers their e-mail address.
We electronically collect the e-mail addresses of those who post messages to our discussion forums, of those who complete online web forms, of those who communicate with us via e-mail, of those who make postings to our chat areas.
We aggregate information on what pages and other resources users access or visit, as well as user-specific information on what pages users access or visit, and information volunteered by the user, such as survey information, web form content and/or site registrations.
The information we collect is used to improve the content of our Web site, used to notify users about updates to our Web site and used by us to contact user for marketing purposes target to users’ specific needs.
If you do not want to receive e-mail from us in the future, please let us know by responding to any system e-mailing by clicking on the link at the bottom. This will remove your e-mail address from our databases and Web site. This also includes removal from e-zine mailings.
PERSONS EXCLUDED FROM THIS WEBSITE ARE STILL COVERED
PERSONS UNDER 18 YEARS OF AGE ARE EXCLUDED FROM THIS WEBSITE
This website is not lawfully accessible to persons under the age of 18 or who are otherwise covered by the provisions of the Child Online Privacy Act of 1998 (COPA). If you are under the age of 18 you must leave this site immediately. Fraudulent use of this website may make you subject to civil or criminal sanctions.
VIEWING AND/OR USE AND/OR COMMUNICATION IS CONSTRUED AS ACCEPTANCE OF THE TERMS OF THIS POLICY
ABOUT THE PERSONAL INFORMATION THIS WEBSITE COLLECTS AND HOW IT IS USED
This website routinely collects information about its visitors, subscribers, members, and customers. This information is obtained in various ways, such as:
VISITOR, SUBSCRIBER, MEMBER, OR CUSTOMER INFORMATION OBTAINED FROM ‘REGISTRATION’
Registration means that the Visitor, Subscriber, Member or Customer takes active, positive steps to communicate information to this website. This can include pages or ‘pop ups’ where you register for a newsletter or subscribe to a mailing list; it can include your participation in visitor surveys; it can include requesting information from the website via email, mail, or courier; it may be from joining an affiliate program or other membership organization, paid or unpaid; it may be from ordering a product.
Occasionally complete credit card information may be provided to the website via fax or a fill-in form rather than regular secure merchant service processing. This information is kept at the highest level of security and is never divulged to anyone except the merchant service provider or for the purpose of communication with the customer.
Online ordering via SSL encrypted communication provided by shopping cart services supporting merchant service companies like Visa and Master Card provides information to the website but does not provide complete credit card numbers. In the process of online ordering, the customer provides, name, address, city, state, email address, phone number, CVV2 (back of card) number, and, occasionally a member password. You should consider all this information available to the website. This information is used to deliver the product, but under the Purchase Agreement you also approve its use for general solicitation purposes.
VISITOR EMAIL INQUIRIES
CUSTOMER EMAIL OR TESTIMONIALS
If you are a customer and send an email to the website, or if you communicate with the site by phone or mail, the website collects information about your communication and by communicating with the site you give your permission to collect, archive, retrieve, and otherwise use any information collected as the site sees fit.
Any communication which, in its sole discretion, the site deems to be a testimonial, may be publicized for commercial purposes.
INFORMATION OBTAINED FROM VISITOR INTERACTION WITH BANNERS, POPUPS, OR SITE ADVERTISERS
Visitors clicking on banners or pop-ups or hyperlinked advertising, appearing on this website must assume that information is being collected about them. This site is not responsible for the use of information collected in such a fashion. Visitors must assume that (1) information will be collected, (2) that ‘cookies’ will usually be placed on their hard drive, (3) that website does not have any control over what happens with this information, (4) that website takes no responsibility over the accuracy or content of advertisers, (5) that website is not responsible for downloads from third party advertisers that contain viruses or worms or other computer code that causes their computer or software harm, and (6) that website assumes no responsibility for the data that is garnered from the click itself or that the advertiser collects.
INFORMATION OBTAINED FROM REFERRING EMAIL OR REFERRING URLS
If you send a friend an email from this site or if you send the url or one of our web pages to a friend, you must assume that some data is collected about your IP address or your email address and that of your friend. You must assume that referred emails or web pages may appear to come from your email. You must accept fully responsibility for referring pages or email to a friend and agree to indemnify this site for any damage, intentional or unintentional that results from said referrals.
INFORMATION OBTAINED FROM VOLUNTARY VISITOR, SUBSCRIBER, MEMBER OR CUSTOMER SURVEYS
Unless otherwise specified in the survey, you must assume that any information provided to the website as part of a survey in which you participate may be used for general solicitation for commercial purposes and that such information will be shared with joint venture partners, affiliates, marketing organization or used by the site itself for product design or solicitation purposes.
INFORMATION OBTAINED FROM ELECTRONIC MEANS AND ‘COOKIES’
Many websites, including this one, collect information about your computer, your email address, your IP address. You must assume that your web-viewing or web-use activity is monitored, tracked, and information collected. This information is not usually of a personal nature, but it may help define your viewing habits and product preferences even though the website may or may not have any idea who you are.
“Cookies” is web jargon for bits of computer code placed on your hard drive. Websites use this to keep you ‘logged in’, to keep track of search criteria, to monitor use, to password protect use of the site or use of products sold by the site. Cookies can also be used to obtain information about your computer configuration or your use of your computer.
Cookies can be used to electronically gather information about you. Again, it may or may not be personal information, but it is information and by using this site you are expressly giving permission to use ‘cookies’ and to use the information gathered from their use to benefit you. You also give permission to collect, archive, retrieve, and use any information collected for product design, product offers to you, and general commercial solicitation purposes by this site or joint venture partners, affiliates, and marketing organizations.
HOW INFORMATION MAY BE USED
The use of information as described below may or may not be how information that is collected is customarily used by this site. While actual use of any information collected may be used quite conservatively, you must assume that it is not. You must assume that information collected is shared with other persons or entities for commercial purposes. While this is uncommon in practice, you must assume that it is as you make your decision whether or not to view or interact with this website. This type of shared information may include your name, address, phone number, email address and buying habits, as well as other information. This information may be used for general commercial solicitation by this website or other persons it is sold to, rented to, or shared with.
INFORMATION THAT IS NOT SHARED
Credit card information or other financial information is not usually known to the website. However, in the event that it is made known, that information is never revealed to anyone except to processing authorities or law enforcement agencies. However, the provider of such information gives express permission to use it in fraud investigation or for litigation.
BULLETIN BOARDS AND PUBLIC FORUMS
Visitors, subscribers, members, or customers who use any site provided bulletin boards or other public forums, such as chat rooms, do so at their own risk. You may not assume that the site monitors these services or protects you in any manner from information you post publicly or share with anyone else via these services.
By providing to this website information that forms the basis of communication with you, such as an email address, you waive all rights to file complaints concerning unsolicited email or spam from this website since, by providing such information, you agree to receive communication from us or other marketing organizations. However, all email communication with you shall contain an ‘unsubscribe’ link where you may notify the website that you no longer wish to receive solicitations or information from the website and your name will be removed from the general solicitation database.
This website takes measures to protect its data that contains information related to you. However, as a consideration for viewing this site or interacting with this site in any manner, you waive all claims of any nature against this site concerning the loss, alteration, or misuse of information. You must assume that it is possible for your personal data to be obtained by others, such as “hackers,” and used in an inappropriate manner that may cause you harm and that you agree that the site is not responsible for damages to you.
Buyer agrees that Seller has the right to discontinue the product, the service, the membership at any time, subject only to the return policy, without notice.
Buyer understands that the Seller may discontinue affiliate programs under the terms of the affiliate program. In keeping with the spirit of the affiliate program, i.e., offering another person or business the opportunity to make a commission / profit from referrals it makes who purchase, that is the only time affiliate commissions are paid out. They are not paid when buyer buys through their own link, thus generating a discount rather than a referral.
Buyer understands that the Seller may discontinue customer service on a product or service at any time without notice.
QUESTIONS, COMMENTS, OR REPORT OF INCIDENTS
You may direct questions, comments or reports to: administrator: info [at] haste.com
Product prices and availability: The price charged for every product sold under this program will be determined by Companies according to pricing policies. In case of any price discrepancies, the price charged to the customer will always be the price listed on webpage. Product availability can change, and Company will present the best information available to all sponsoring sites and its clients regarding course availability.
Website service interruption: Companies will make every effort to keep their website(s) operational. However, certain technical difficulties may, from time to time, result in temporary service interruptions. Customer, Client, Prospect, Surfer, Participant agrees not to hold Companies liable for any of the consequences of such interruptions.
Miscellaneous: Parthenon Marketing Inc, in addition to its own business, does all business for and on behalf of Diversified Resources Inc. Parties agree that business/company has the intent to make money with everything it does and everything it promotes. PFrom time to time Companies and individuals or other companies enter into agreements. arties hereby agree that said individuals and companies are independent contractors and nothing in this agreement is intended to or will create any form of partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties. Participant shall not assign this Agreement, by operation of law or otherwise, without the prior written consent of Companies. Subject to the foregoing restrictions, this agreement is binding upon, insures to the benefit of and is enforceable by the parties and their respective successors and assigns. Titles are used here as guidelines, and have no legal significance, and cannot be cited as evidences. This agreement is written in American English, which is to be the official language of the contract’s text and interpretation.
Buyer herewith agrees to receive Notice of Changes, Litigation, Service of Process, Cancellation, Termination, and Modification of service or product at the email address provided to Seller on the ordering page. Further, Buyer agrees that the right to contact Buyer concerning legal notice shall not be terminated by previously submitted ‘unsubscribed’ notices and specifically agrees that any notification to cease contact shall not be binding upon the Seller in regards to Notice of Change, Litigation, Service of Process, Cancellation of Product or Service or Membership or Subscription, Termination of a program, product or website, or Modification of the terms of service or product. Additionally, the Buyer grants Seller irrevocable right to contact him or her via mail or telephone concerning any of these issues irrespective of other rights the Buyer has to sever contact with Seller.
In the event that some provisions, terms, conditions of the Purchase Agreement are held to be invalid or unenforceable, the remainder of the provisions that are enforceable shall control. Additionally, Buyer and Seller agree that, if any provision is found to be invalid or unenforceable, the arbitrating panel will construe such provision to the maximum extent that it might be found to be valid or enforceable. The Seller’s waiver (failure to enforce) any term of this agreement shall not be construed as a modification or an amendment to this agreement or constitute a waiver of other breaches.
Construction and Interpretation. This agreement shall be governed and construed by the laws of the State of Tennessee. The situs for all actions is Nashville Tennessee, county of Davidson. All provisions of this Agreement are intended to be interpreted and construed in a manner to make such provisions valid, legal and enforceable in a court of law. If, for any reason, a provision is declared illegal or unenforceable, the remainder of this Agreement shall not be affected thereby and shall be interpreted so as to give full effect to the intent of this Agreement. The provisions of this Agreement shall be enforceable notwithstanding the existence of any claim or cause of action of Companies against Individual/company or against Individual/company, whether predicated on this Agreement or otherwise.
Assignment. Company may assign its rights under this Agreement and this Agreement shall inure to the benefit of the successors and assigns of Company, and shall be binding upon Affiliate Partner, its heirs, executors, administrators, guardians, and permitted successors and assigns. Affiliate Partner may not assign its rights or obligations under this Agreement without the advance written consent of Company, which consent may be withheld or conditioned by Company in its sole discretion.
Entire Agreement and Amendment. This Agreement represents the entire understanding of the parties with respect to the specific matter of this Agreement and supersedes all previous understandings, written or oral, between the parties with respect to the subject matter. Headings are for convenience only, and not for interpretation of Agreement. Failure by Company or Affiliate Partner to insist upon the other party’s compliance with any provision in this Agreement shall not be deemed a waiver of such provision.
Company(s) reserves all rights not herein expressly granted.
YOU ACKNOWLEDGE THAT THIS AGREEMENT CONSTITUTES A “WRITING”, YOU ARE FULLY COMPETENT TO CONTRACT IN YOUR OWN NAME, HAVE READ THIS AGREEMENT, HAVE HAD AN OPPORTUNITY TO CONSULT WITH YOUR OWN LEGAL ADVISORS IF YOU SO DESIRED, AND AGREE TO ALL THE TERMS AND CONDITIONS SET FORTH HEREIN. YOU AGREE THAT, IN INTERPRETING THIS AGREEMENT, NO WEIGHT SHALL BE PLACED UPON THE FACT THAT THIS AGREEMENT HAS BEEN DRAFTED BY US, AND YOU SHALL NOT ASSERT THAT THIS AGREEMENT IS UNENFORCEABLE OR INVALID ON THE GROUNDS THAT IT IS A CONTRACT OF ADHESION, THAT IT IS UNCONSCIONABLE OR ANY SIMILAR THEORY. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN ANY OFFER, IN THIS AGREEMENT, THAT WE MAY HAVE “MIGRATED” OFFERS, OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF RESPONDING TO ANY OFFER, PURCHASING ANY PRODUCT, PARTICIPATING IN ANY PROGRAM, AND VISITING ANY WEBSITE, AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.