LEGAL:
PRIVACY POLICY, TERMS OF
USE, DISCLAIMER, ETC. LEGAL PRIVACY
POLICY Last
Updated: HowToGainWeightFast.net
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we do with the
information we collect Like
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appropriate or necessary. Please note we may not provide you with
notice prior
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so. Affiliated
sites,
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users.
Be aware, however, that third parties, including our
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procedures. For example, during your visit to our site you
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features offered by
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third parties. You should check the applicable privacy
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We do
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resulting
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policies of such third parties. You
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publicly and
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may result
in unsolicited messages from other individuals or third parties. Such
activities are beyond our control and this policy.
You agree that
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chat rooms, and you exonerate us from any liability for those actions
and agree
to indemnify and hold us harmless for the actions which you
take. Children's
Privacy We
do not knowingly
collect personal information from children under the age of 16. If we
learn
that we have personal information on a child under the age of 16, we
will
delete that information willingly from our systems. We encourage
parents to go
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Changes
to this Policy We
reserve the right
to change this policy at any time. Please check this page
periodically
for changes to the policy. Your continued use of our site
following the
posting of changes to these terms will mean you accept those
changes.
Information collected prior to the time any change is posted will be
used
according to the rules and laws that applied at the time the
information was
collected. Governing
law The
laws governing
this policy are the same as those found on this website. Contacting
Us We
can be reached by
contacting: Bullpen
Marketing LLC Phone:
(214) 335-5348 E-mail:
info@HowToGainWeightFast.net
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TO FROM THIS SITE; OR (9) YOUR ACCESS TO OR USE OF OR INABILITY TO
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AND EXCLUSIONS SET NOTIFICATION
OF
COPYRIGHT INFRINGEMENT Bullpen
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Millennium Copyright Act, Title 17, United States Code, Section
512(c)(2)
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notification of claimed copyright infringement to the Designated Agent
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copied
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UNSOLICITED
IDEA
SUBMISSION POLICY Unless
a specific,
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Unless a
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E-MAIL AND
POSTINGS In
the event of your
or others’ access to or use of the Site, Services or
Materials in connection
with the transmission of spam newsgroup postings or unsolicited e-mail
in
violation of these Terms of Use, you acknowledge and agree that Bullpen
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be irreparably harmed thereunder and that monetary damages would be an
insufficient and ineffective remedy; therefore you agree that Bullpen
is
entitled to obtain immediate injunctive relief against any such
transmission
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Bullpen may
without restriction block, filter or delete unsolicited e-mail. ADVERTISEMENTS
AND
PROMOTIONS Bullpen
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advertisements and promotions from third parties via the Site, Services
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Materials in any manner or mode and to any extent. Your communications,
activities, relationships and business dealings with any third parties
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conditions,
warranties or representations associated with such dealings, shall be
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matters between you and such third parties. You acknowledge and agree
that
Bullpen is not responsible or liable for any loss or damage of any kind
incurred as the result of any such dealings or as the result of the
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AND
LIABILITY You
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and hold Bullpen and HowToGainWeightFast.net and their officers,
co-branders,
other partners and employees harmless from any claim or demand,
including
reasonable attorneys' fees, made by any third party due to or arising
out of:
(a) your User Materials and any other content (e.g. computer viruses)
that you
may submit, post to or transmit through the Site (including a third
party’s use
of such User Materials or content (e.g. reliance on the accuracy,
completeness
or usefulness of your User Materials)); (b) your access to or use of
the Site,
Services or Materials (including any use by your employees, contractors
or
agents and all uses of your account numbers, user names and passwords,
whether
or not actually or expressly authorized by you, in connection with the
Site or
any Services or Materials); (c) your connection to the Site, Services
or
Materials; (d) your violation of the Terms of Use; (e) the actions of
any
member of your Work Group; (f) your infringement of any third
party’s
Intellectual Property Rights when using any of the Software made
available on
the Site, Services or in any Materials; (g) your violation of any
rights of any
third party; (h) your access to or use of Linked Sites and your
connections
thereto; or (i) any dealings between you and any third parties
advertising or
promoting via the Site, Services or Materials. GOVERNING
LAW AND
JURISDICTION This
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linked sites) is controlled by Bullpen Marketing, LLC from its offices
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the state of Adjudication
of
Disputes, Forum: Waiver of Right to Jury Trial. In
the event that any
dispute arises between you and Bullpen whether under the terms hereof
or as a
result of any action taken by Bullpen or you as a result or consequence
of your
use of Bullpen’s or HowToGainWeightFast.net’s
website or any documents or
materials you downloaded, viewed or referred to on the this website, or
by
reason of any communication, request for information or other contact
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Bullpen, you and Bullpen expressly agree to waive and hereby waive any
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controversy (“claim”) by you or Bullpen against the
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It
is the express wish
of the parties that the Terms of Use and all related documents have
been drawn
up in English. GENERAL The
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other rules, guidelines, licenses and disclaimers posted via the Site
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Notwithstanding the foregoing, to the extent that any terms set forth
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section
titles used in the Terms of Use are purely for convenience and carry
with them
no legal or contractual effect. AFFILIATES -
AFFILIATE AGREEMENT HowToGainWeightFast.net
Affiliate
Agreement, Anti-Spam Policy And Earnings Disclaimer
To:
All
HowToGainWeightFast.net Affiliates Please
read (do not
skip) this affiliate agreement.
This is because we do not tolerate spam or abuse of
the affiliate program in any manner. If you break the rules,
your
Clickbank account will be shut down and you agree that you will forfeit
your
earnings. Know the rules of this agreement so that you can
get your
affiliate revenues in a timely manner. HOWTOGAINWEIGHTFAST.NET
AFFILIATE AGREEMENT
This
agreement describes
the terms and conditions for participation in the
HowToGainWeightFast.net
e-book Affiliate Program. In this agreement, the term
"Affiliate" refers to you (the applicant). In this agreement,
HowToGainWeightFast.net, Bullpen Marketing LLC, and its members (or
"Vendor") refers to the product owner and publisher,
HowToGainWeightFast.net which is owned by Bullpen Marketing LLC (A
Texas
Limited Liability Corporation). The
Vendor affiliate
program (www.HowToGainWeightFast.net) is administered entirely through
a 3rd
party affiliate management company called Clickbank
(www.Clickbank.com). To
enroll in the affiliate
program, all affiliates must sign up on the Clickbank
website. The Vendor affiliate program is governed by all rules,
regulations,
terms and conditions dictated by Clickbank’s
“client contract.” You can
access Clickbank’s client contract at: http://www.clickbank.com/terms.html
Affiliate Site
An
affiliate account can be
created by filling out and submitting the Clickbank affiliate sign up
form. Here is a link to that form: http://bullpen2.jmap.clickbank.net
On
that page, each new
affiliate will be asked to choose a Clickbank account name (also called
a
Clickbank affiliate “nickname”). This
account name/nickname will consist
of 5 – 10 letters and numbers. This Clickbank
nickname will be used in
the affiliate link which Clickbank calls a
“Hoplink.” When a prospective
customer clicks on your affiliate Hoplink the destination website will
be http://www.HowToGainWeightFast.net.
Commissions
Unless
noted elsewhere,
you, as the affiliate, agree to receive 45% of the revenue as a
commission from
orders placed through a properly-coded Affiliate link, less the credit
card
processing fees & charges outlined in the Clickbank Accounting
Policy
page. You can access the link describing
Clickbank’s Accounting Policies
here: https://www.clickbank.com/accounting.html
Commissions
may change at
the discretion of the product publisher, Vendor. You may also
receive
announcements through the Affiliates newsletter of any commission
increases
during limited promotions. The commissions will return to the
regular 45%
commission rate after the end of any special promotion. For
a sale to generate a
commission to an Affiliate, the customer must complete the order form
and remit
full payment for the product ordered through the Clickbank secure order
system.
You will not receive any commissions on “word of
mouth” referrals, as
Clickbank and Vendor will have no way to quantify these sales.
Commissions will only be paid on sales that are made when the
customer
clicks through qualified, correctly structured Affiliate links.
Properly
coded links are the sole responsibility of the affiliate.
Clickbank
offers real-time reporting, and you may check your account at any time
by going
to https://www.clickbank.com/login.htm
and then checking your account reports. Payment
Clickbank
will send a check
to you for the applicable commissions within the framework of their
payment
policies: www.Clickbank.com/paychecks.html.
If any order that generated an affiliate commission is
returned by the
customer, or if there are any returned checks or charge backs, the
amount will
be deducted by Clickbank from the next payment due to the
affiliate.
Please read Clickbank’s policy for any check processing fees
as well which will
deducted from any checks sent to you by Clickbank. Order
Fulfillment
Clickbank
will be solely
responsible for processing every e-book order placed by a customer on
the
Affiliate Site. You and all other Affiliates are not
authorized to
collect payments or sell any Vendor products from other websites as a
"reseller" and no "resale" rights are granted in any
manner. You, as an Affiliate, are not authorized to sell any
of these
products on eBay or other auction sites. You are not
authorized to give
away copies of any of the e-books, reports, newsletters, mini-courses,
etc.
Vendor will also be solely responsible for all customer
service inquires.
All affiliates understand and acknowledge that no physical
products will
be shipped. Vendor’s products are only in digital format; and
they only are
available through download from - or to be sent to the customer
electronically
by - Vendor. Customers
Customers
who purchase
products and services through the Affiliate Program will be deemed to
be
customers of the Vendor. Accordingly, all rules, policies, and
operating
procedures concerning customer orders and service will apply to those
customers.
We may change our policies and operating procedures at any time.
Prices
and availability of our products and services may vary from time to
time.
Vendor’s policies will always determine the price paid by the
customer for any
materials created by Vendor. Use of Vendor
(www.HowToGainWeightFast.net)
E-mail addresses
It
is prohibited and
illegal to use the vendor's (HowToGainWeightFast.net) email addresses
in any
way. For example, if you enter the vendor's email address (e.g. newsletters@www.HowToGainWeightFast.net)
into any online web form (example, to submit classifieds, links or
advertisements), or if you send out mail with a reply address that is
not
yours, but is the vendor's (e.g.
newsletters@www.HowToGainWeightFast.net), this
is not only a violation of the affiliate agreement which will result in
termination of your Clickbank account and forfeiture of commissions, it
is also
unlawful and can result in litigation against you. Use of Vendor
and Vendor Intellectual
Property In Domain Names
HowToGainWeightFast.net
and
all books, reports, newsletters, logos, e-book covers, banner ads, etc
are registered
copyrights of Vendor. It is illegal to register or use these
copyrights
in a domain name for any reason without the express written permission
of
Vendor. It is considered infringement to use this
intellectual property
in domain names or in advertisements for the purposes of promoting or
advertising any products other than the Vendor e-book. Use of Vendor
and Vendor Intellectual
Property in Pay-Per-Click (PPC) Advertising And Other Advertising
HowToGainWeightFast.net
and
books, reports, newsletters, logos, e-book covers, banner ads, etc. are
registered
copyrights of Vendor. It is illegal to use any of this
intellectual
property in any Pay-Per-Click Advertising, including, but not limited
to,
Google’s AdWords service, for the purpose of promoting any
product other than
HowToGainWeightFast.net. Banner
Advertisements And Other Graphic
Advertisements
Affiliates
of Vendor may
not design and publish their own banner ads, e-Book covers, pop-up ads,
or
other graphic advertisements without first getting the approval of
Vendor.
Vendor, however, welcomes the submission of creative graphic
advertising
for approval; and we will even work together with affiliates to jointly
develop
new, custom graphics, e-book covers, banners or other creative graphic
advertising. Affiliates are responsible for all expenses
related to
creation of their own custom graphic advertisements. You must
get
approval from us before creating and publishing new banner ads and
other
graphic advertisements to be posted on any website, blog, or any other
marketing material both online or in print. Qualifying
Sites
Clickbank.com
and Vendor
reserve the right to refuse any entry into the Affiliate Program based
on site
content. Sites that do not qualify for the Affiliate Program
include
sites which: ·
Promote sexually explicit materials ·
Promote violence ·
Promote discrimination based on race, sex, religion, nationality,
disability,
sexual orientation, or age ·
Promote illegal activities ·
Infringe or otherwise violate any copyright, trademark, or other
intellectual
property rights ·
Target children under the age of 16 CLICKBANK.COM
AND VENDOR ANTI-SPAM
POLICY
Clickbank
and Vendor
strictly prohibit their affiliates from using spam e-mail and other
forms of
Internet abuse (including “forum spam” and
“blog spam”) to seek sales. Our
anti-spam policy is not limited to the "CAN-SPAM" laws or any other
outside agency's definition of spam. The CAN-SPAM policy can
be found on
the FTC website: http://www.ftc.gov/bcp/conline/pubs/buspubs/canspam.htm
Please
note
"spam" may be defined by Clickbank.com and Vendor as ANY unsolicited
e-mail or marketing communications and/or any e-mail or marketing
communications that generate complaints deemed excessive or
unacceptable to
Vendor or Clickbank.com or which could harm the reputation or business
of
Vendor or Clickbank.com. By promoting the Vendor affiliate
program, you
agree and understand that spam may be defined as including, but is not
limited
to ANY of the following: ·
Electronic mail messages addressed to a recipient with whom the sender
does not
have an existing business or personal relationship or is not sent at
the
request of, or with the express consent of, the recipient through an
opt in
subscription. ·
Messages posted to Usenet, forums and message boards that are off-topic
(unrelated to the topic of discussion), cross-posted to unrelated
newsgroups,
posted in excessive volume, or posted against forum/message board
rules. Be
conscious of forum rules! If a forum owner or moderator complains that
an
affiliate has spammed, the affiliate account may be permanently
terminated
after investigation. ·
Content posted on free blog websites, especially multiple blog websites
that
are not updated and are used for the sole purpose of keyword spamming,
or
comments posted to legitimate blogs that violate the comment policy of
the blog
owner. ·
Solicitations posted to chat rooms, or to groups or individuals via
Internet
Relay Chat or "Instant Messaging" system (such as ICQ); ·
Certain off-line activities that, while not considered Spam, are
similar in
nature, including distributing flyers or leaflets on private property
or where
prohibited by applicable rules, regulations, or laws. ·
Any spam-related violations of social networking websites such as
MySpace,
Yahoo 360, LinkedIn, etc. Vendor,
in conjunction with
Clickbank.com, may undertake, at its sole discretion and with or
without prior
notice, the following enforcement actions: Account
Termination: Upon
the receipt of a credible complaint, and after investigation, Vendor
may
immediately contact Clickbank.com to investigate the complaint, and if
necessary, will then request or approve termination of the affiliate
account of
the individual implicated in the abuse. Termination results in the
immediate
closure of the Clickbank account, the loss of all referrals, and the
forfeiture
of any unpaid money on account. At Clickbank’s sole
discretion, termination may
not only result in being banned from the Vendor affiliate program, but
also
being banned from ANY other Clickbank affiliate programs. If
you wish to report a
violation of our Anti-Spam Policy, please forward all relevant evidence
to our customer service department (info@HowToGainWeightFast.net). For
more information on
what spam is, why it is bad, and what can be done about it, visit: ·
The Responsible Internet Commerce Site ·
The Mail Abuse Prevention System, LLC ·
The Network Abuse Clearinghouse ·
The Coalition Against Unsolicited Commercial Email Relationship
of Parties
All
Affiliates are
independent contractors, and nothing in this Agreement will create any
partnership, joint venture, agency, franchise, sales representative, or
employment relationship between the parties. Affiliates have
no authority
to make or accept any offers or representations on our behalf.
Affiliates
will not make any statement, on any website, in print, media
broadcasts, radio
programs, or anywhere else, that reasonably would contradict this
statement. Term and
Termination
The
term of this Agreement
will begin when you accept and will end when terminated by either
party.
Either Vendor or the affiliate may terminate this Agreement
at any time,
with or without cause, by giving the other party written notice at
least 10
calendar days before termination. Upon the termination of
this Agreement
for any reason, all licenses granted hereunder shall immediately
terminate and
you will immediately cease use of, and we have a right to remove or
cause the
removal of an Affiliate's Web Site, all links to the Vendor websites,
and all
Vendor intellectual property, and all other materials provided in
connection
with this program. Limitation of
Liability
We
disclaim liability for,
and you agree to exonerate us from liability for indirect, special, or
consequential damages (or any loss of revenue, profits, expenditures,
data, or other
figures) arising in connection with this Agreement or the Program, even
if we
have been advised of the possibility of such damages.
Further, you agree
that Vendor’s aggregate liability arising with respect to
this Agreement and
the Program will not exceed the total commissions payable to the
affiliate
under to this Agreement for the balance since the last affiliate check
you have
received. Disclaimers
We
make no express or
implied warranties or representations with respect to the Affiliate
Program or
an affiliate’s potential to earn income from the Affiliate
Program. In
addition, we make no representation that the operation of the Vendor
websites
or the Affiliate links will be uninterrupted or error-free, and Vendor
will not
be liable for the consequences of any interruptions or errors. Indemnity and
Liability
You
agree to indemnify and
hold Bullpen and HowToGainWeightFast.net and their officers,
co-branders, other
partners and employees harmless from any claim or demand, including
reasonable
attorneys' fees, made by any third party due to or arising out of: (a)
your
User Materials and any other content (e.g. computer viruses) that you
may
submit, post to or transmit through the Site (including a third
party’s use of
such User Materials or content (e.g. reliance on the accuracy,
completeness or
usefulness of your User Materials)); (b) your access to or use of the
Site,
Services or Materials (including any use by your employees, contractors
or
agents and all uses of your account numbers, user names and passwords,
whether
or not actually or expressly authorized by you, in connection with the
Site or
any Services or Materials); (c) your connection to the Site, Services
or
Materials; (d) your violation of the Terms of Use; (e) the actions of
any
member of your Work Group; (f) your infringement of any third
party’s
Intellectual Property Rights when using any of the Software made
available on
the Site, Services or in any Materials; (g) your violation of any
rights of any
third party; (h) your access to or use of Linked Sites and your
connections
thereto; or (i) any dealings between you and any third parties
advertising or
promoting via the Site, Services or Materials. Governing Law
And Jurisdiction
This
Site (excluding linked
sites) is controlled by Vendor from its offices within the state of Adjudication
of Disputes, Forum:
Waiver of Right to Jury Trial
In
the event that any
dispute arises between you and Bullpen whether under the terms hereof
or as a
result of any action taken by Bullpen or you as a result or consequence
of your
use of Bullpen’s or HowToGainWeightFast.net’s
website or any documents or
materials you downloaded, viewed or referred to on the this website, or
by
reason of any communication, request for information or other contact
between
you or a representative of yours and Bullpen or any representative of
the
Bullpen, you and Bullpen expressly agree to waive and hereby waive any
rights
we each may have to a trial by jury of any and all issues arising in
any action
or proceeding between you and Bullpen or our respective successors,
representatives, assigns, or heirs. In addition, any claim,
dispute, or
controversy (“claim”) by you or Bullpen against the
other shall be resolved in
an appropriate court of law located in Language
It
is the express wish of
the parties that all related documents have been drawn up in English. Assignment
You
may not assign this
Agreement, by operation of law or otherwise, without our prior written
consent.
Subject to that restriction, this Agreement will be binding
on, inure to
the benefit of, and be enforceable against the parties and their
respective
successors and assigns. Miscellaneous
Our
failure to enforce your
strict performance of any provision of this Agreement will not
constitute a
waiver of our right to subsequently enforce such provision or any other
provision of this Agreement. Updates And
Revisions To This Agreement
As
the Internet is an
evolving media and technology, new forms of abuse have arisen and are
likely to
continue to arise in the future. If and when such new abusive
practices
occur, Vendor reserves the right to assign existing affiliate policies
to the
new forms of abuse. We will then update and revise this
affiliate
agreement. In addition, this affiliate agreement may be
revised and
updated at any time for any other reason at the discretion of the
vendor.
Any changes or additions to Clickbank.com’s
Affiliate Agreement will also
apply as soon as they are effective in the Clickbank.com Affiliate
Agreement,
whether they are listed on this page or not. If
any of the provisions of
this Agreement are determined by a court to be unenforceable, they
shall be
severed from this Agreement, and the remaining provisions shall remain
in full
force and effect. By
signing up with
Clickbank, you acknowledge that you have read this agreement and agree
to all
its terms and conditions. You have independently evaluated this program
and are
not relying on any representation, guarantee or statement other than as
set
forth in this agreement. VENDOR
AFFILIATE PROGRAM EARNINGS
DISCLAIMER
If
any earnings or income
statements, or earnings or income examples are mentioned on this
website or in
emails or newsletters sent on behalf of Vendor, they are only based on
what
other affiliates have actually earned. There is no assurance
you will do
as well. If you rely upon any sales figures we provide, you
must accept
the risk of not doing as well. If
any specific income
figures are used and attributed to an individual or business in any
documents
from us (such as an affiliates newsletter or an affiliate marketing
piece)
those persons or business have earned that amount. There is
no assurance
you will earn the same amount. If you rely upon any figures
we provide,
you must accept the risk of not doing as well. Any
and all claims or
representations as to the income earnings of affiliates from this
website are
not to be considered as average earnings. There can be no assurance
that any
prior successes, or past results, as to the income earnings, can be
used as an
indication of your future success or results. You agree to
bear sole risk
of success or failure with this affiliate program. Monetary
and income results
are based on many factors. We have no way of knowing how well you will
do, as
we do not know you, your background, your work ethic, or your business
skills
or business practices. Therefore, we do not guarantee or imply that you
will
get rich, that you will do as well, or make any money at all. There is
no
assurance you will do as well. If you rely upon our figures, you must
accept
the risk of not doing as well. Internet
businesses and
earnings derived from them, have unknown risks involved and are not
suitable
for everyone. Making decisions based on any information
presented in our
products, services, or website, should be done only with the knowledge
that you
could experience losses, or make no money at all. All
products, information
and services by our company are for educational and informational
purposes
only. Use caution and seek the advice of qualified professionals. Check
with
your accountant, lawyer or professional advisor, before acting on this
or any
information. Users
of our products, services,
and website are advised to do their own due diligence when it comes to
making
business decisions and all information, products and services that have
been
provided should be independently verified by your own qualified
professionals.
Our information, products, and services on this website should be
carefully
considered and evaluated, before reaching a business decision, on
whether to
rely on them. You
agree that Vendor is
not responsible for the success or failure of your business decisions
relating
to any information presented by our company, or our company products or
services. Sincerely, Bullpen
Marketing LLC and
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