2nd Income Solutions Web Site Agreement
The 2nd-Income-Solutions.com Web Site (the "Site") is an online
information service provided by 2nd Income Solutions
("2nd-Income-Solutions.com "), subject to your compliance with
the terms and conditions set forth below. PLEASE READ THIS
DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY
ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS
AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND
BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE
SITE. 2nd-Income-Solutions.com MAY MODIFY THIS AGREEMENT AT ANY
TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON
POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO
REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH
MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL
BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international
copyright and trademark laws. The owner of the copyrights and
trademarks are 2nd-Income-Solutions.com, its affiliates or other
third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE,
REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER,
THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR
SOFTWARE. You may print and download portions of material from
the different areas of the Site solely for your own
non-commercial use provided that you agree not to change or
delete any copyright or proprietary notices from the materials.
You agree to grant to 2nd-Income-Solutions.com a non-exclusive,
royalty-free, worldwide, perpetual license, with the right to
sub-license, to reproduce, distribute, transmit, create
derivative works of, publicly display and publicly perform any
materials and other information (including, without limitation,
ideas contained therein for new or improved products and
services) you submit to any public areas of the Site (such as
bulletin boards, forums and newsgroups) or by e-mail to
2nd-Income-Solutions.com by all means and in any media now known
or hereafter developed. You also grant to
2nd-Income-Solutions.com the right to use your name in
connection with the submitted materials and other information as
well as in connection with all advertising, marketing and
promotional material related thereto. You agree that you shall
have no recourse against 2nd-Income-Solutions.com for any
alleged or actual infringement or misappropriation of any
proprietary right in your communications to
2nd-Income-Solutions.com.
TRADEMARKS.
Publications, products, content or services referenced herein or
on the Site are the exclusive trademarks or servicemarks of
2nd-Income-Solutions.com. Other product and company names
mentioned in the Site may be the trademarks of their respective
owners.
2. Use of the Site.
You understand that, except for information, products or
services clearly identified as being supplied by
2nd-Income-Solutions.com, 2nd-Income-Solutions.comdoes not
operate, control or endorse any information, products or
services on the Internet in any way. Except for
2nd-Income-Solutions.com- identified information, products or
services, all information, products and services offered through
the Site or on the Internet generally are offered by third
parties, that are not affiliated with 2nd-Income-Solutions.com
a. You also understand that 2nd-Income-Solutions.com cannot and
does not guarantee or warrant that files available for
downloading through the Site will be free of infection or
viruses, worms, Trojan horses or other code that manifest
contaminating or destructive properties. You are responsible for
implementing sufficient procedures and checkpoints to satisfy
your particular requirements for accuracy of data input and
output, and for maintaining a means external to the Site for the
reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE
SITE AND THE INTERNET. 2nd-Income-Solutions.com PROVIDES THE
SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY
EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS
WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR
NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE,
ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE
SERVICE OR ON THE INTERNET GENERALLY, AND
2nd-Income-Solutions.com SHALL NOT BE LIABLE FOR ANY COST OR
DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH
TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE
ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE,
SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE
SERVICE OR ON THE INTERNET GENERALLY. 2nd-Income-Solutions.com
DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR
ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET
CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT
OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT
YOUR RISK. 2nd-Income-Solutions.com HAS NO CONTROL OVER AND
ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL 2nd-Income-Solutions.com BE LIABLE FOR (I) ANY
INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS
INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE)
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR
ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR
DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR
SERVICE. EVEN IF 2nd-Income-Solutions.com OR ITS AUTHORIZED
REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR
OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR
INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY
NOT APPLY TO YOU. IN SUCH STATES, 2nd-Income-Solutions.com
LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
2nd-Income-Solutions.com makes no representations whatsoever
about any other web site which you may access through this one
or which may link to this Site. When you access a
non-2nd-Income-Solutions.com web site, please understand that it
is independent from 2nd-Income-Solutions.com, and that
2nd-Income-Solutions.com has no control over the content on that
web site. In addition, a link to a 2nd-Income-Solutions.com web
site does not mean that 2nd-Income-Solutions.com endorses or
accepts any responsibility for the content, or the use, of such
web site.
3. Indemnification.
You agree to indemnify, defend and hold harmless
2nd-Income-Solutions.com, its officers, directors, employees,
agents, licensors, suppliers and any third party information
providers to the Service from and against all losses, expenses,
damages and costs, including reasonable attorneys' fees,
resulting from any violation of this Agreement (including
negligent or wrongful conduct) by you or any other person
accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3
(Indemnification) are for the benefit of
2nd-Income-Solutions.com and its officers, directors, employees,
agents, licensors, suppliers, and any third party information
providers to the Service. Each of these individuals or entities
shall have the right to assert and enforce those provisions
directly against you on its own behalf.
5.Term; Termination.
This Agreement may be terminated by either party without notice
at any time for any reason. The provisions of paragraphs 1
(Copyright, Licenses and Idea Submissions), 2 (Use of the
Service), 3 (Indemnification), 4 (Third Party Rights) and 6
(Miscellaneous) shall survive any termination of this Agreement.
6. Bonus Disclaimer.
Any bonuses offered on this site are 'free of charge' and
not included in any of our products prices. If you do not
like a bonus or it does not work properly, that does not
entitle you to a refund. ALL BONUSES are "FREE". We also
cannot provide support for bonuses that were not created by
our company.
7. Refunds.
Understandably, we cannot offer refunds for promotional
products. We offer quality software, scripts, ebooks,
templates, etc. that are highly discounted. In most
instances buyers receive thousands of dollars worth of
products for a fraction of the original cost. Often, these
are limited offerings and a refund on such offerings would
mean that we loose a sale and another potential buyer is
closed out of the opportunity to make a purchase of such
offerings. If you are not 100% positive that you want an
item, you should pass on making the purchase. However, we do
stand behind the products that we offer and will replace
that item if it is defective or allow a comparable
substitute. Because software is downloaded it really can't
be returned and there is no way to guarantee that it is not
still being used. If we provide a substitute item all rights
to the original product are forfeited. That means it cannot
be used personally, sold, bartered, or provided to anyone
else to use for any reason. Please note also that United
States Federal Law prohibits the return of software for a
refund and only allows for the software to be exchanged for
the same software if the original is defective. Please note
that some product description sales pages do claim to offer
refunds. We present these descriptive sales pages so that
potential customers can read the details of the individual
products. We do not sell individual products, only packages.
Purchasers can choose to offer packages as a package or as
individual products and have a right to offer refunds or
not, depending on their preference.Credits related to adjusting rates for special promotions
are always accommodated if the product was purchased as a
higher rate within 30 days of a lower promotional rate.
Example: A product was purchased June 1st at $47 and the
same product is offered at a sale price of $37 within 30
days the customer can request and will receive a $10 credit.
Beyond 30 days credits will not be issued. Like any other
business we have to remain competitive and at times that
might require a temporary sale to compete with other
marketers but there has be a reasonable cut-off period
relating to issuing a credit.
Also please note that we take great pride in the fact
that we have an extremely low complaint rate and as a result
take any complaint very seriously. And virtually 100% of the
complaints ever placed with our payment processor (PayPal)
relate to non-receipt of a purchase. We have no problem with
such a complaint if it is legitimate but the irrefutable
fact is that in almost all instances the customer did not
attempt to contact us first at our support address,
08-1-support [at] 2nd-income-solutions.com, prior to filing
a complaint; insisted upon using a cheap or free throw-away
address such as Hotmail, AOL, gmail, comcast, etc; which
drastically increases the chances of non-delivery of their
confirmation message containing download information because
such addresses are notorious for over-filtering; had a full
mailbox which caused the rejection of our confirmation
message; misused PayPal's complaint system to obtain an
adjustment in pricing; used PayPal's complaint system to
cancel an order that was received; used PayPal's complaint
system to cancel an order that was received while purchasing
the same or nearly same product at a better price (customer
should be contacting 2nd Income Solutions first and not be
using PayPal's system for such adjustments); or something
similar to one of the aforementioned. In such instances 2nd
Income Solutions will bill the customer $15 (per incident)
in addition to the cost of the product for time needed to
respond to a complaint that was related to the customer's
negligence and/or greed. If the customer chooses not to pay
the $15 fee, 2nd Income Solutions will block access to the
download area using IP Deny Manager.
PayPal Installment Plan: Payments cancelled through
PayPal with regard to any product purchase will result in
denial of service and there will not be any refunds on
payments already completed. Sorry, but approximately 10% of
the orders placed using PayPal's installment plan have been
discontinued after one or more payments. The installment
plan was offered to make it easier for some customers to
purchase larger packages and some have chosen to abuse that
program.
8. Earnings & Income Disclaimer.
ANY EARNINGS OR INCOME STATEMENTS, OR EARNINGS OR INCOME
EXAMPLES, ARE ONLY ESTIMATES OF WHAT WE THINK YOU COULD
EARN. THERE IS NO ASSURANCE YOU'LL DO AS WELL. IF YOU RELY
UPON OUR FIGURES, YOU MUST ACCEPT THE RISK OF NOT DOING AS
WELL.
WHERE SPECIFIC INCOME FIGURES ARE USED, AND ATTRIBUTED TO AN
INDIVIDUAL OR BUSINESS, THOSE PERSONS OR BUSINESSES HAVE
EARNED THAT AMOUNT. THERE IS NO ASSURANCE YOU'LL DO AS WELL.
IF YOU RELY UPON OUR FIGURES; YOU MUST ACCEPT THE RISK OF
NOT DOING AS WELL.
ANY AND ALL CLAIMS OR REPRESENTATIONS, AS TO INCOME EARNINGS
ON OUR WEB SITE, ARE NOT TO BE CONSIDERED AS AVERAGE
EARNINGS.
THERE CAN BE NO ASSURANCE THAT ANY PRIOR SUCCESSES, OR PAST
RESULTS, AS TO INCOME EARNINGS, CAN BE USED AS AN INDICATION
OF YOUR FUTURE SUCCESS OR RESULTS.
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 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'LL DO AS WELL.
IF YOU RELY UPON OUR FIGURES; YOU MUST ACCEPT THE RISK OF
NOT DOING AS WELL.
INTERNET BUSINESSES AND EARNINGS DERIVED THERE FROM, HAVE
UNKNOWN RISKS INVOLVED, AND ARE NOT SUITABLE FOR EVERYONE.
MAKING DECISIONS BASED ON ANY INFORMATION PRESENTED IN OUR
PRODUCTS, SERVICES, OR WEB SITE, SHOULD BE DONE ONLY WITH
THE KNOWLEDGE THAT YOU COULD EXPERIENCE SIGNIFICANT LOSSES,
OR MAKE NO MONEY AT ALL.
ALL PRODUCTS AND SERVICES ON OUR WEB SITE 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 WEB SITE 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 OUR WEB SITE SHOULD BE CAREFULLY CONSIDERED AND
EVALUATED, BEFORE REACHING A BUSINESS DECISION, ON WHETHER
TO RELY ON THEM.
YOU AGREE THAT OUR COMPANY IS NOT RESPONSIBLE FOR THE
SUCCESS OR FAILURE OF YOUR BUSINESS DECISIONS RELATING TO
ANY INFORMATION PRESENTED ON OUR WEB SITE, OR OUR COMPANY
PRODUCTS OR SERVICES.
8a. MATERIAL CONNECTION DISCLOSURE.
This email contains links to products from vendors which the
sender of this email has an affiliate relationship or other
material connection, and may be compensated in some form
when you purchase from one of the vendors in this email.
It is good practice to thoroughly review any product before
purchasing online.
9. Package Pricing, Sales Pages and Graphics. (Jerry
Nicholson Rule)
We refer to this portion of the "Disclaimer" as
the "Jerry Nicholson Rule" because he far exceeded
all previous thefts of graphics and text than
anyone else since we began offering these
packages 6 years ago. When a package is purchased, the purchaser
obtains all rights to the sales pages, graphics,
files, etc. related to each 'individual product'
and is free to use these items as they wish
(Developer's restrictions must be honored if
they are stated within the download file).
Sales pages and graphics developed by our
webmaster are only to present the individual
products contained in the package and cannot be
used without written permission and use of these
materials has never been granted.
Purchasers are free to re-package products to
offer within their own packages if they desire
to do so. Purchasers
should not sell The Webmaster's Super Combo
Package (2007 - 2012),
The Webmaster's Private Label Rights Package
(2007 - 2012), The Webmaster's Graphics & Web
Design Package (2007 - 2012), or The Webmaster's
EXTREME Niche Combo Package (2007 - 2012)
editions using our promotional copy or graphics
under any circumstances.
None of our packages should be sold for less
than $10 under the sales price of any package.
Understandably, nobody can enforce a minimum
price on a product but they can if they are
advised that they cannot purchase the product or
package if they intend to not honor the prices
set for the product or package. If you do not
intend to honor the pricing you are directed to
not purchase any of these packages from 2nd
Income Solutions. Customers are also reminded
that approximately 1-2% of the products within
the packages contain rights that prevent their
being sold to anyone because they are
products with Personal Use Rights or a few bonus
products that the developer does not allow to be
passed on to anyone. In each instance that there
are products with such restrictions we did purchase the
right to pass them along to others. Anyone that
does not honor our pricing or uses any of our materials will cease to
receive new products added to this package
throughout the year! And all rights to products
re-sold to others will cease to be valid
licenses held be those buyers.
10.
A NOTE ABOUT THEFT OF DIGITAL PRODUCTS!
First, please do not take this message
personally. But I am asking that you understand that when we
invest over $5,000 each year ($7,000+ in 2010) purchasing
products to place in our packages so that our customers save a
lot of money, it becomes a serious problem when tens of
thousands of dollars are lost as a result of theft.
In the past year we have discovered 31 instances of theft. Some
people simply share the download links. Others take it a step
further by copying and pasting download pages on their sites.
These are criminal acts and we have received successful outcomes
100% of the time with regard to known instances of theft.
As a matter of fact we made almost as much money with
settlements from thieves as we did selling these packages. In 2
instances courts also sent the culprits to jail (because of
multiple offences) and in one instance the individual also
received a court order to never have an online business again or
establish a relationship with others that could act on his
behalf by establishing an online business. Even with regard to
thefts originating from other countries the sites were shut down
and the thieves lost their domain names. In over 50% of the
instances all computers were confiscated.
The bottom line is that the people who steal represent a very
small percentage of customers but they cause everyone to lose
revenues.
We catch most but if you do come across a business that is
stealing our property I would appreciate hearing from you.
If you were directed to any of our download pages from any site
other than 2nd-income-solutions.com you were sent there
illegally!
Additional Note Regarding
Installment Payment Plans!
At this time we do not offer memberships as the
vast majority of customers prefer purchasing
using a one-time-payment or installment payment
plan. Unlike many competitors we do not impose a
forfeit of usage rights should you choose to not
purchase the next yearly version of our major
packages. But if you purchase one of our major
packages (The 2012 Webmaster's Super Combo
Package,
The 2012 Webmaster's Private Label Rights
Package,
The 2012 Webmaster's Graphics & Web Design
Package, or The 2012 Webmaster's EXTREME Niche
Combo Package using the 2, 3, or 4 installment
plan option the installment payments must be
completed. An installment plan is not a
recurring payment for a membership or
subscription. It is a series of partial payments
for a specific package and to retain usage
rights relating to the package all payments must
be completed or you will forfeit the right to
use or sell any products already downloaded. If
a payment is skipped or cancelled by PayPal
access to the download area is denied and to
reinstate access all missed and remaining
payments must be paid plus a service fee of $25.
When a payment is missed PayPal automatically
sends the customer a message giving them several
days to deposit funds into their account before
another attempt is made to debit the account.
For that reason, we do not send a separate email
message to the customer. The installment payment plan was offered to make
it easier for some customers to purchase our
packages but about 30% defaulted on payments so
we have taken these steps to assure that the
program can continue and to make sure that
customers that do complete the installment
payments faithfully are not placed at a
disadvantage by those that don't. If you do not
intend to complete the installment payments
please choose the one-time-payment option.
Again, if PayPal is not able to debit the
payment we block access via IP and all payments
remaining on a payment plan plus a $25
re-instatement fee is charged prior to removing
an IP block. After 30 days the block becomes
permanent and you will not be able to purchase
any products in the future so please honor payment plans so we
can continue to make it available to all
customers.
11.Miscellaneous.
This Agreement shall all be governed and construed in accordance
with the laws of The United States of America applicable to
agreements made and to be performed in The United States of
America. You agree that any legal action or proceeding between
2nd-Income-Solutions.com and you for any purpose concerning this
Agreement or the parties' obligations hereunder shall be brought
exclusively in a federal or state court in Fulton County,
Georgia, USA . Any cause
of action or claim you may have with respect to the Service must
be commenced within one (1) year after the claim or cause of
action arises or such claim or cause of action is barred.
2nd-Income-Solutions.com's failure to insist upon or enforce
strict performance of any provision of this Agreement shall not
be construed as a waiver of any provision or right. Neither the
course of conduct between the parties nor trade practice shall
act to modify any provision of this Agreement.
2nd-Income-Solutions.com may assign its rights and duties under
this Agreement to any party at any time without notice to you..
Any rights not expressly granted herein are reserved.
COPYRIGHT NOTICE.© 1999-2012
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