Legal Notices, Terms of Service, Security
Policy, Privacy
Statement , Disclaimers , Children's
Privacy , etc.
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Pemeco, Inc.
(hereafter called "Company" or "Companies")
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.
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 contacts or transactions offline, you hereby acknowledge,
and agree to the following:
Companies and our dealers, associates, 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.
Neither we nor any of our dealers, associates, 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.
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.
By using the Service you assume full responsibility for
the use of all Materials and Products. 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. Any Materials,
Products, and offerings are void where prohibited by law.
Under no circumstance is anything written or spoken to
be construed as a guarantee of income or success. We make
NO GUARANTEES OF INCOME OR SUCCESS.
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 earning 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. 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, and, in no event shall any
Course, the Companies, Program or the Principals or Speakers
be liable for any punitive damages, incidental or consequential
damages whatsoever. 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.
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. Neither the existence
of such proceedings or the results thereof shall be disclosed
to any third party, unless expressly required by law.
No publication released by Companies is intended for use
as a source of legal, accounting, or tax advice. All information
may be subject to varying national, state, and/or local
laws or regulations. All users are advised to retain the
services of competent professionals for legal, accounting,
or tax advice.
The purchaser or reader of all publications assumes 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 or success 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,
etc. The Author, Publisher, and Companies assume no responsibility
or liability whatsoever on the behalf of any purchaser
or reader of these materials.
Security Policy
We have put security measures in place to protect the
loss, misuse or alteration of all information under our
control. All orders are processed via a secure server (SSL)
and credit card details will never be e-mailed. While we
make every effort to secure the integrity and security
of our network and systems, we cannot guarantee that our
security measures will prevent third-party “hackers” from
illegally obtaining this information.
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.
Trademarks
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.
Copyright
Unless where indicated otherwise, copyright for
all materials © Pemeco, 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 without express written permission
from Companies except in cases where proper credits have
been given. Any violation of our copyrights, patents or
trademarks will be quickly prosecuted to the fullest extent
of the law.
Privacy Statement
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
to us by filling out a Web form.
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.
We respect your privacy. We do not share or rent our email
or mailing list information with other companies or marketers.
We 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 address you may receive
periodic mailings from us with information on new products
and services or upcoming events. 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.
Changes in Legal Terms of Use
These terms of use are subject to change at any
time, without notice. All changes to these Terms of Use
are published here; we encourage you to check back often
for the latest version of this page. Publisher reserves
the right to make changes. All changes are retroactive
to include all previous encounters and transactions.
General Provisions
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
Pemeco, Inc., in addition to its own business,
does all business for and on behalf of the Synergika® Group
of companies. From time to time Companies and individuals
or other companies enter into agreements. Parties 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
restriction, 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.
Construction and Interpretation
This agreement
shall be governed and construed by the laws of the province
of Quebec , Canada . The situs for all actions is Montreal
, Quebec . 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.
Children's Privacy
We do not knowingly collect personal information from
children under the age of 13. If we learn that we have
personal information on a child under the age of 13, we
will delete that information from our systems. Pemeco,
Inc. encourages parents to go online with their kids. Here
are a few tips to help make a child's online experience
safer:
Teach children never to give personal information, unless
supervised by a parent or responsible adult. Includes name,
address, phone, school, etc.
Know the sites your hildren are visiting and which sites
are appropriate.
Look for Web site privacy policies. Know how your child's
information is treated.
Check out the FTC's
site for more tips on protecting children's privacy
online.
YOU ACKNOWLEDGE THAT 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, 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. |