Subscription Agreement

WHEN YOU CLICK ONE OF THE "YES - SUBSCRIBE ME", YES - PLEASE SUBSCRIBE ME", SUBSCRIBE, SUBSCRIBE NOW, I ACCEPT", "SUBSCRIBE ME", "SUBMIT" BUTTONS ON ANY OF THIS WEBSITE'S DOCUMENTS, YOU, THE BUYER/SUBSCRIBER/MEMBER, ARE CLAIMING THAT YOU HAVE READ, ACCEPTED, AND FULLY UNDERSTAND THE TERMS OF THIS AGREEMENT.

THIS AGREEMENT IS A CONTRACT. UNDER THE TERMS OF THE CONTRACT YOU RECEIVE CERTAIN RIGHTS DUE YOU FROM THE PUBLISHER AND YOU, IN TURN, GIVE THE PUBLISHER CERTAIN RIGHTS THAT AFFECT YOU. THIS CONTRACT ALSO CONTAINS PROVISIONS THAT DELINEATE AND RESTRICT YOUR SUBSCRIPTION RIGHTS ABOUT WARRANTY AND THAT LIMIT THE LIABILITY OF THE PUBLISHER.

YOU MUST ACCEPT THESE TERMS OR THE PUBLISHER WILL NOT TRANSACT BUSINESS WITH YOU AND YOUR SUBSCRIPTION WILL NOT BE PROCESSED IF YOU DO NOT ACCEPT THESE TERMS.

YOUR PLEDGE OF AN UNDERSTANDING OF THIS CONTRACT AND ACCEPTANCE OF THE RIGHTS, DUTIES, AND LIMITATIONS EMBODIED IN IT, IS A MATERIAL PART OF THE LEGAL CONSIDERATION THAT THE PUBLISHER REQUIRES FROM YOU AS A CONDITION OF SALE.

PARTIES TO THIS AGREEMENT AND DISCLAIMER

The parties to this agreement are the website or its owners, hereafter "PUBLISHER," and you, the prospective purchaser, hereafter "SUBSCRIBER". Persons or entities who are not participants in this contract but who have an indirect relationship, such as a supplier, joint venture partner, membership organization, or sales affiliate, are herein described as "THIRD PARTY OR THIRD PARTIES." The recipient of the product herein, where said product is ordered by someone other than the recipient, is classified herein as if that recipient were the ordering SUBSCRIBER with the same rights, duties, and obligations as the SUBSCRIBER, but may also be referred to herein as 'RECIPIENT".

SUBJECT MATTER OF THIS SUBSCRIPTION AGREEMENT

The subject matter of this agreement is a subscription, product, service, or membership described in promotional or sales materials on this website and/or in an email referencing this website, and said website and/or email and its contents are incorporated herein by reference and made a part hereof and constitute a complete description of the product, service or membership that is the subject matter of this Subscription Agreement.

FURTHER DESCRIPTION OF THE SUBSCRIPTION, PRODUCT, SERVICE OR MEMBERSHIP

Subscriber warrants an understanding that the publication, product, service or membership may actually be comprised of different elements. For example, a publication or so-called ezine, newsletter may or may not also contain in-house and third party advertising and/or endorsements, and that the digital publication may also be part of a service or a membership. Additionally, the publication, product, service or membership may or may not come with the right to sub-license or re-sell the product. However, unless specified in the sales and promotional materials and unless all conditions are met, the Subscriber has no license, permission or right to duplicated or sell this product in any form or to sell it or distribute it whether for profit or not to any person for any reason.

RIGHTS AND OBLIGATIONS OF THE SUBSCRIBER

The Subscriber must agree to in-house and third party advertising and/or endorsements, as well as articles and information about Internet marketing. and the full for this publication that the Publisher requires this agreement. By accepting this Subscriber Agreement, the Subscriber agrees to receive continuing follow-up contact from the Publisher including email, mail, newsletters, product updates, product recall notices, product improvements, telephone calls from the Publisher and/or telemarketing organizations and/or pollsters for the purpose of solicitation related to the instant product or any other product or service. Subscriber agrees to post-subscription contact from joint venture partners of the Publisher or from others who have a commercial relationship with the Publisher. Subscriber agrees that all personal information about the Subscriber or his or her reading, buying habits and preferences, including address and phone number, may be placed in a general database. However, Subscriber shall at all times be fully empowered to notify the Publisher that Subscriber no longer wishes to receive general solicitation contact by using the ‘unsubscribe’, 'remove' link in all solicitations. Subscriber forever retains the right to contact Publisher concerning information relating to the subscription or for legal purposes. The Subscriber retains the right to have his or her name removed from a general solicitation database. The Subscriber's agreement to accept solicitation and contact may be reduced, enhanced, limited or terminated by notification to anyone contacting the Subscriber. The burden is on the Subscriber to prove that such communication was made to and received by the person making contact. Subscriber agrees that Publisher is not liable for communications made to the Subscriber by parties unrelated to this subscription even though referred by the Publisher. Subscriber accepts full responsibility for limiting unsolicited contact and Subscriber understands that he retains all rights to directly restrict communication or solicitation from any party including the Publisher.

The Subscriber agrees to allow the Publisher to collect, store, and use for marketing purposes all information collected from, provided by or otherwise ascertained by electronic means from the Subscriber. The Subscriber, specifically, and as part of the consideration, waives all right to access, retrieve, or control such information except that the Subscriber retains the right to restrict contact as described previously.

GUARANTEE AND WARRANTY

All publications, products and services are considered 'as is' without warranty or guarantee of any kind, either express or implied, including no warranty as to merchantability or fitness for a particular purpose. The Publisher warrants and guarantees absolutely nothing.

If the Subscriber is by membership, the terms of membership as specified in the solicitation materials are controlling.

If the Subscriber is purchasing, through this site, a product, including membership, that is to be provided by a third party, the Subscriber must look to the third party for additional warranties or guarantees, and understands that the warranties available through this site, if any are offered or construed, are extremely limited, restrictive, and short.

ASSUMPTION OF RISK

Subscriber agrees to accept all risk associated with the use of this product, including but not limited to, ingestion of or application to Subscriber's person, the use of the product personally or in business, all taxes and regulations applicable to this product, all legal compliance issues related to this product. Subscriber warrants an understanding that the Publisher is disclaiming all liability from harm of any kind or nature caused directly or indirect from this product.

LIMITATION OF LIABILITY AND DISCLAIMER

Subscriber warrants an understanding, as required consideration, that the Publisher disclaims all liability for the product or damages resulting from use or installation or reliance upon this product for any reason. Subscriber alone accepts full responsibility for allowing others to use this product. Subscriber understands that Publisher disclaims liability for any information contained in sales or promotional materials or the product itself that is unintentionally misleading or incorrect that might cause damage to Subscriber.

Subscriber expressly waives any and all claims for consequential, speculative, and unforeseeable damages resulting from the purchase or use of this product or from subsequent contact with Publisher or Third Parties.

Subscriber expressly agrees that no matter what may happen because of his or her purchase of this product, or no matter what damage may be allegedly or actually caused by the use of this product, or no matter the harm or damage that may result directly or indirectly from the purchase of this product, for any reason whatsoever, that the absolute maximum extent of Publisher's liability shall be an amount no greater than the purchase price of the product.

Subscriber agrees and understands that, Publisher, specifically but not exclusively, disclaims liability for all damage to Subscriber's person or business by using this product, including harm to Subscriber's computer hardware or software from worms, viruses, or other defects in the product or computer codes that cause harm. Publisher disclaims liability for Subscriber's interaction with Third Party soliciting agents who were provided 'leads' by the Publisher. Publisher disclaims liability for Subscriber's interactions with advertisers on the site or in the publication. Publisher disclaims liability for Subscriber's interaction with other visitors or members of the website.

LIMITATION OF LIABILITY FROM ERRONEOUS PRODUCT CONTENT

Subscriber agrees that the Publisher's total liability, even for erroneous product content that causes damage to the Subscriber, shall be limited to the purchase price paid for the product.

LIMITATION OF LIABILITY FROM HARM CAUSED BY THE PRODUCT

LIMITATION OF LIABILITY FROM ALL OTHER INJURIES OF ANY KIND

Subscriber expressly waives any and all claims for any other injury, harm, or tort of any kind, whether foreseeable or unforeseeable.

LIMITATION ON THE LIABILITY LIMITATION

Subscriber understands that some states do not allow limitation of liability.

SPECIFIC DISCLAIMERS AS TO 'RESULTS CLAIMS', 'INCOME CLAIMS', OR 'EARNINGS CLAIMS' IN SALES AND PROMOTIONAL MATERIALS OR PRODUCT

If claims about results from using this product or if claims about income or earnings resulting from the use of this product are made, such claims are true for the persons who made the claims, including claims made by the Publisher about its own experience with the product.

No warranties are made whatsoever about the amount of money, if any, that Subscriber will earn from this material or product, in-house promotions/advertising, third party advertising/endorsements or service and Subscriber warrants an understanding that Subscriber's only course of action is to test this product and material.

PRIVACY POLICY ACCEPTED

Subscriber expressly accepts the terms of the Privacy Policy of Publisher's website.

TERMS OF USE ACCEPTED

Subscriber expressly accepts the Terms of Use of the Publisher's website.

RIGHT TO PUBLISH SUBMISSIONS

Subscriber agrees that Publisher may publish for commercial purposes the full or partial content of any and all communication with Subscriber at the Publisher's sole discretion.

INDEMNIFICATION

Subscriber agrees to indemnify Publisher for any and all damage that Subscriber causes by using the product or information contained on this website that results in a damage award against the Publisher.

RIGHT TO STOP SELLING OR SERVICING PRODUCT OR MEMBERSHIP

Subscriber agrees that Publisher has the right to discontinue the product, the service, the membership, the publication at any time, without notice.

Subscriber understands that the Publisher may discontinue affiliate programs under the terms of the affiliate program.

Subscriber understands that the Publisher may discontinue customer service on a product or service at any time without notice.

ARBITRATION

As part of the consideration that the Publisher requires, Subscriber agrees to use binding arbitration for any claim, dispute, or controversy ("CLAIM") of any kind (whether in contract, tort or otherwise) arising out of or relating to this purchase, this product, including solicitation issues, privacy issues, and terms of use issues.

Arbitration shall be conducted pursuant to the rules of the American Arbitration Association which are in effect on the date a dispute is submitted to the American Arbitration Association. Information about the American Arbitration Association, its rules, and its forms are available from the American Arbitration Association, 335 Madison Avenue, Floor 10, New York, New York, 10017-4605. Hearing will take place in Grants Pass, OR, United States.

In no case shall the Subscriber have the right to go to court or have a jury trial. Subscriber will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator's decision will be final and binding with limited rights of appeal.

The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, travel expenses.

JURISDICTION AND VENUE

If any matter concerning this purchase shall be brought before a court of law, pre- or post-arbitration, Subscriber agrees that the sole and proper jurisdiction shall be Grants Pass, OR, United States. In the event that litigation is in a federal court, the proper court shall be Grants Pass, OR, United States.

APPLICABLE LAW

Subscriber agrees that the applicable law to be applied shall, in all cases, be that of the state of the Publisher.

NOTICE

Subscriber 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 Publisher on the ordering page. Further, Subscriber agrees that the right to contact Publisher 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 Publisher 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 Subscriber grants Publisher irrevocable right to contact him or her via mail or telephone concerning any of these issues irrespective of other rights the Subscriber has to sever contact with Publisher.

COSTS

The prevailing party to any arbitration or litigation will be entitled to collect attorney fees and all other costs of the arbitration or litigation, including filing fees, investigation fees, collection fees, and travel expenses from the other party.

MODIFICATION

This Subscription Agreement cannot be modified in any manner between the Publisher and this Subscriber unless modifications are made in writing signed by both parties. However, the Publisher may modify this Subscription Agreement at any time for other Subscribers without notice to the instant Subscriber.

ENFORCEABILITY OF PROVISIONS

In the event that some provisions, terms, conditions of the Subscription Agreement are held to be invalid or unenforceable, the remainder of the provisions that are enforceable shall control. Additionally, Subscriber and Publisher 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.

WAIVER OF BREACH

The Publisher'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.

PUBLISHER CONTACT INFORMATION

The Publisher of this publication is:

Strategic Marketing Concept
c/o BizOp Zine
500 NW 6th Street
Grants Pass, OR 97526
United States

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