Disclaimer

DISCLAIMER AND PRODUCT PURCHASE OR USE AGREEMENT

 

CAREFULLY READ THE FOLLOWING DISCLAIMER AND PURCHASE AGREEMENT. YOU ACCEPT
AND AGREE TO BE BOUND BY THIS PURCHASE AGREEMENT BY CLICKING THE CHECKBOX ON THE
WEB PAGE INDICATING “I HAVE READ AND AGREE TO THE PURCHASE AGREEMENT
TERMS”.

YOUR ACCEPTANCE OF THE TERMS OF THIS AGREEMENT IS A MATERIAL PART OF THE
TOTAL CONSIDERATION REQUIRED TO PURCHASE THIS PRODUCT.

IF YOU DO NOT CHOOSE TO ACCEPT THE TERMS OF THIS AGREEMENT, YOUR ORDER WILL
BE CANCELED AND YOU WILL NOT BE ABLE TO COMPLETE AN ORDER.

 

This Purchase Agreement is applicable to any product sold on this website;
the definition of ‘product’ includes but is not limited to:

 

· any ebook, web-based report or information,
bonus, video recording, and audio recording, whether analog or digital;

 

· any related material including ad copy,
promotional material, sales letters that are displayed upon or downloaded from
this website or that you received that influenced your decision;

 

· any product that is delivered via courier or
postal service, including CDs, DVDs, printed material, audio tapes, and video
tapes.

 

· any software and related documentation that
you purchase or download from this website;

 

· any freeware, whether a hard product, a
printable product, software, and the Agreement incorporates by reference any
promotional materials that influenced your decision to purchase this product.

 

· any licenses, distribution rights, resale
rights that are sold along with the product.

 

 

When you purchase and download the product, you are deemed to have read,
understood and accepted the terms of this Purchase Agreement including the
integrated Disclaimer.

The parties to this Agreement are (1) the person or entity purchasing the
product and downloading the product through our website (defined herein as
“You” or “Your” or “Purchaser”) and (2) [insert
your website here] and otherwise referred to herein as ‘we’, ‘us’ or ‘our’ or
“seller”. The term “website” is meant to include the owner(s)
of the website whose name appears at the bottom of this Agreement.

Terms:

1. The author, inventor, creator, promoter, owner and licensor of (1)
introductory promotional or educational materials, (2) the products sold via
this website, (3) and the accompanying documents and informational materials
have used their best efforts in preparing this product.

The author, inventor, creator, promoter, owner and licensor make no
representation or warranties with respect to the accuracy, applicability,
fitness, or completeness of the contents of this product. The information
contained in this product is strictly for educational purposes. Therefore, if
you wish to apply ideas contained in this product, you alone must assume full
responsibility for your actions and you are cautioned against relying solely on
the information, ideas, or projections contained in any one source, including
this product, in forming a prudent course of action.

2. EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT THIS PRODUCT AND ITS
POTENTIAL.  HOWEVER, THERE IS NO GUARANTEE, EXPRESS OR IMPLIED, THAT YOU
WILL EARN ANY MONEY USING THE TECHNIQUES AND IDEAS IN THESE MATERIALS.
EXAMPLES IN THE PROMOTIONAL MATERIALS OR THE PRODUCT ITSELF ARE NOT TO BE
INTERPRETED AS A PROMISE OR GUARANTEE OF EARNINGS.  EARNING POTENTIAL IS
ENTIRELY DEPENDENT ON THE PERSON USING OUR PRODUCT, IDEAS AND TECHNIQUES, AS
WELL AS THE MARKET CONDITIONS YOU CHOOSE TO OPERATE IN — ALL OF WHICH IS
UNKNOWN TO US OR EVEN TO YOU.  WE DO NOT PURPORT THIS TO BE A “GET
RICH SCHEME.”

3. IF CLAIMS ARE MADE ABOUT ACTUAL EARNINGS OR EXAMPLES OF ACTUAL RESULTS ARE
GIVEN THEY CAN BE VERIFIED UPON REQUEST.  YOUR LEVEL OF SUCCESS IN
ATTAINING THE RESULTS CLAIMED IN OUR MATERIALS DEPENDS ON THE TIME YOU DEVOTE TO
THE PROGRAM, HOW WELL YOU IMPLEMENT THE IDEAS AND TECHNIQUES MENTIONED, YOUR
FINANCIAL ABILITY TO UNDERTAKE A BUSINESS VENTURE, YOUR GENERAL KNOWLEDGE LEVEL,
YOUR RELEVANT EXPERIENCE, AND OTHER VARIOUS SKILLS THAT COULD INFLUENCE YOUR
DEGREE OF SUCCESS.  SINCE THESE FACTORS VARY WITH EACH INDIVIDUAL, WE
CANNOT AND DO NOT GUARANTEE YOUR SUCCESS OR INCOME LEVEL, NOR ARE WE RESPONSIBLE
FOR ANY OF YOUR ACTIONS OR DECISIONS.

4. 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 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,”
“INTEND,” “PLAN,” “BELIEVE,” AND OTHER WORDS AND
TERMS OF SIMILAR MEANING IN CONNECTION WITH A DESCRIPTION OF POTENTIAL EARNINGS
OR FINANCIAL PERFORMANCE.

5. ANY AND ALL FORWARD LOOKING STATEMENTS HERE OR ON ANY OF OUR SALES
MATERIALS 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.

6. The author, inventor, creator, promoter, owner and licensor any warranties
(express or implied) of merchantability or fitness for any particular purpose.
The website shall in no event be held liable to any party for any direct,
indirect, punitive, special, incidental or other consequential damages arising
directly or indirectly from any use of this material, which is provided “as
is”, and without warranties.

7. As always, the advice of a competent legal, tax, accounting or other
professional should be sought.

8. The author, inventor, creator, promoter, owner and licensor do not warrant
the performance, effectiveness or applicability of any sites listed or linked to
in this product.

9. All links are for information purposes only and are not warranted for
content, accuracy or any other implied or explicit purpose.

10. This product and its attendant materials are copyrighted. No part of this
may be copied, or changed in any format, sold, or used in any way other than
what is outlined within this product under any circumstances.

 

Personal Use License Grant

 

11. We hereby grant you a nonexclusive license to use one copy of the product
on any single computer, provided the product is in use on only one computer at
any time. The product is “in use” on a computer when it is loaded into
temporary memory (RAM) or installed into the permanent memory of a computer-for
example, a hard disk, CD-ROM or other storage device.

12. If the product is permanently installed on the hard disk or other storage
device of a computer (other than a network server) and one person uses that
computer more than 80% of the time, then that person may also use the product on
a portable or home computer.

13. You may print one copy of the product for your personal use.

 

 

LIMITED RESALE LICENSE .

 

Here is what you are licensed to do with the software you are purchasing:

 

· use it yourself;

 

· distribute it free as a
promotional item;

 

· re-sell the right to use
this software;

 

· re-sell the license to sell
this software;

 

· make unlimited copies of the
software and do anything you want with it, except —

Here is what you are NOT licensed to do with the software:

 

· modify it without written
permission;

 

· examine the source code or
“reverse engineer” without permission;

 

· incorporate this software
into other commercial software without permission

 

 

 

 

 

 

Title

 

14. We remain the owner of all right, title and interest in the product and
related materials (“Documentation”).

 

Archival or Backup Copies

 

15. You may copy the product for back up and archival purposes, provided that
the original and each copy is kept in your possession and that your installation
and use of the product does not exceed that allowed in the “License
Grant” section above.

 

Things You May Not Do

 

16. The product and related materials are protected by United States
copyright laws and international treaties. You must treat the product and
related materials like any other copyrighted material-for example, a book. You
may not:

 

· Copy the product except to make archival or
backup copies as provided above,

 

· Modify or adapt the product or merge it into
another program,

 

· Reverse engineer, disassemble, decompile or
make any attempt to discover the source code of the product,

 

· Place the product onto a server so that it
is accessible via a public network such as the Internet, or

 

· Sublicense, rent, lease or lend any portion
of the product

 

· EXCEPT AS SPECIFICALLY PROVIDED IN THE
WEBSITE.

 

17. We reserve all rights not specifically granted to YOU above. The license
granted above will be narrowly construed in our favor. We will have the right to
proceed against you in the event that you infringe against our rights. Any use
not within the precise scope of the license set forth above will be considered
an infringement. In the event of infringement, we reserve the right to proceed
with any legal remedy available to us, including but not limited to recovery of
damages, obtaining injunctions, recovering statutory damages, recovering
attorney fees, and any other available legal remedy including all remedies under
the Digital Millennium Copyright Act (DMCA).

18. You acknowledge and agree that our damages in the event of your violation
of this Agreement will be substantial, and that we will suffer irreparable harm
in such event. As such, we shall have the right to obtain equitable remedies,
including but not limited to an injunction and all remedies under the Digital
Millennium Copyright Act (DMCA).

 

 

Term and Termination

 

19. This purchase agreement takes effect upon your use of the product and
remains effective until terminated. You may terminate it at any time by
destroying all copies of the product in your possession. It will also
automatically terminate if you fail to comply with any term or condition of this
license agreement or if you receive a refund of your purchase price. You agree
on termination of this license to destroy all copies of the product in your
possession.

 

Confidentiality

 

20. The product contains trade secrets and proprietary know-how that belong
to us and it is being made available to you in strict confidence. ANY USE OR
DISCLOSURE OF THE PRODUCT OTHER THAN IN STRICT ACCORDANCE WITH THIS PURCHASE
AGREEMENT, MAY BE ACTIONABLE AS A VIOLATION OF OUR TRADE SECRET RIGHTS.

 

PRODUCT DISLAIMER: NO WARRANTY, NO LIABILITY

 

21. ALL WEB SITES, PRODUCTS AND SERVICES ARE PROVIDED, AS IS, WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. dotattoos.com
DOES NOT WARRANT, GUARANTEE, OR MAKE ANY
REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE WEB SITES,
PRODUCTS, SERVICES OR WRITTEN MATERIALS IN THE TERMS OF CORRECTNESS, ACCURACY,
RELIABILITY, CURRENTNESS OR OTHERWISE. THE ENTIRE RISK, AS TO THE RESULTS AND
PERFORMANCE OF THE WEB SITES, PRODUCTS AND SERVICES ARE ASSUMED BY YOU. IF THE
WEB SITES, PRODUCTS, SERVICES OR WRITTEN MATERIALS ARE DEFECTIVE, YOU, AND NOT
dotattoos.com
, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECTION.

21A. SOFTWARE WARRANTIES AND DISCLAIMERS:

 

PRODUCTS, INCLUDING SOFTWARE, ARE SOLD WITHOUT WARRANTY, EITHER EXPRESSED OR
IMPLIED, INCLUDING WARRANTY AS TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE.

READ THIS CAREFULLY — IT LIMITS OUR LIABILITY

While the product, including software, you are purchasing is believed to be
free of defect and useful for the purpose intended, there is no warranty that
this, in fact, is accurate. There is no guarantee that this product will do what
it claims to do; there is no guarantee that it will not harm yours or someone
else’s computer; there is no warranty that it has commercial viability.

It is up to you to examine this product and test it to your satisfaction
during the refund or exchange period. This examination to determine its
suitability to your intended purpose is a material portion of the consideration
required of you to purchase this product. If, during the refund or exchange
period, you determine that is product is not suitable to your needs or purposes,
you have a duty to return it for a refund or exchange during the refund or
exchange period.

 

22. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY dotattoos.com
SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE
SCOPE OF THIS WARRANTY, AND YOU MANY NOT RELY ON SUCH INFORMATION OR ADVICE TO
DO SO.

 

 

Customer Remedies

 

23. Refund. Our website’s entire liability and the purchaser’s
exclusive remedy, for any claim of any nature, whether it is simply that you are
not satisfied with the product or that you have suffered damages as the result
of using the product, shall be a refund of the price paid. The time period to
request a refund is limited. For this product it is 30
days.

23A. Replacement. If you request a replacement of our product, rather
than a refund, we will endeavor to honor your request, but we may not be able
to, or we may not choose to do so for any reason. In that event, you will
receive a refund of the price paid. We limit replacement to 30
days from the date of purchase.

All remedies are limited to the United States. By purchasing this product,
you have an affirmative duty to inspect this product during the 30
day replacement period starting from day you purchase it and to request a refund
or replacement if this product does not meet your expectations or if you believe
it to be defective. The acceptance and performance of this affirmative duty is a
material part of the total consideration you are delivering to purchase this
product.

Some states do not allow the exclusion or limitation of liability, so the
above limitations may not apply to you.

 

 

 

Limitation & Exclusion of Liability

 

25. These warranties exclude all incidental or consequential damages. dotattoos.com,
and its suppliers, will not be liable for any damages whatsoever, including
without limitation, damages for loss of business profits, business interruption,
loss of business information, loss of equipment, or other pecuniary loss. Some
states do not allow the exclusion or limitation of liability, so the above
limitations may not apply to you.

 

Submissions

 

26. You hereby grant dotattoos.com
the royalty-free, perpetual, irrevocable, worldwide,
non-exclusive right and license to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, perform, and display all
content, remarks, suggestions, ideas, graphics, or other information
communicated to
dotattoos.com
through this site (together, hereinafter known as the “Submission”),
and to incorporate any Submission in other works in any form, media, or
technology now known or later developed.
dotattos.com
will not be required to treat any Submission as
confidential, and may use any Submission in its business (including without
limitation, for products or advertising) without incurring any liability for
royalties or any other consideration of any kind, and will not incur any
liability as a result of any similarities that may appear in future
dotattoos.com
operations.

27. Our website will treat any personal information that you submit through
this site in accordance with its Privacy Policy as set forth on this site.

 

Disclaimer

 

28. You understand that dotattoos.com
cannot and does not guarantee or warrant that files
available for downloading from the Internet will be free of viruses, worms,
Trojan horses or other code that may 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 this site for the
reconstruction of any lost data.
dotattoos.com
does not assume any responsibility or risk for your
use of the Internet.

 

Indemnity

 

29. You will indemnify and hold dotattoos.com,
its subsidiaries, affiliates, licensors, content providers, service providers,
employees, agents, officers, directors, and contractors (hereinafter know as the
“Indemnified Parties”) harmless from any breach of these Terms of Use
by you, including any use of Content other than as expressly authorized in these
Terms of Use. You agree that the Indemnified Parties will have no liability in
connection with any such breach or unauthorized use and you agree to indemnify
any and all resulting loss, damages, judgments, awards, costs, expenses, and
attorneys’ fees of the Indemnified Parties in connection therewith. You will
also indemnify and hold the Indemnified Parties harmless from and against any
claims brought by third parties arising out of your use of the information
accessed from this site.

 

Disputes

 

30. This purchase agreement shall be governed by, construed and enforced in
accordance with the laws of the Iowa,
as it is applied to agreements entered into and to be performed entirely within
such jurisdiction.

31. To the extent you have in any manner violated or threatened to violate dotattoos.comand/or
its affiliates’ intellectual property rights, this website and/or its affiliates
may seek injunctive or other appropriate relief in any state or federal court in
the State of
Iowa,
and you consent to exclusive jurisdiction and venue in such courts.

32. Any other disputes will be resolved as follows:

If a dispute arises under this agreement, we agree to first try to resolve it
with the help of a mutually agreed-upon mediator in the following location: Grinnell,
Iowa
.
Any costs and
fees other than attorney fees associated with the mediation will be shared
equally by each of us.

If it proves impossible to arrive at a mutually satisfactory solution through
mediation, we agree to submit the dispute to binding arbitration at the
following location: Grinnell,
Iowa
, under the rules of the American
Arbitration Association. Judgment upon the award rendered by the arbitration may
be entered in any court with jurisdiction to do so.

 

General Provisions

 

33. You agree that any notice to be sent to you, including but not limited to
any legal notices and court-related notices, shall be sent to you via Email at
the Email address that you designate when you purchase a license to use our
Documents. Any notices to us must be by certified mail, return receipt
requested, at the address set forth in the Document package that you purchase
from us.

34. We reserve the right to unilaterally amend any offers, pricing terms or
other matters pertaining to the Documents or our web site. For all other
matters, any amendments to this Agreement must be in writing and signed by both
parties. No course of dealing or trade usage shall be deemed to amend the terms
of this Agreement.

35. This written purchase agreement is the exclusive agreement between you
and us concerning the product and related materials and supersedes any prior
purchase order, communication, advertising or representation concerning the
product.

36. This purchase agreement may be modified only by us and such modification
can be made at any time, without notice to you, and by accepting this Purchase
Agreement, you so agree.

37. In the event of litigation between you and us concerning the product, the
prevailing party in the litigation will be entitled to recover attorney fees and
expenses from the other party.

38. This Agreement also includes by reference, our Terms
of Use, and Privacy Privacy
, as if they are fully
set forth herein. You can click on any of the document titles (they are
hyperlinked) to read each document online.

39. YOUR acceptance of the terms of this Purchase Agreement electronically,
by taking the affirmative act of clicking on any acceptance button or placing a
check mark in a box indicating your acceptance and by purchasing our products,
shall be deemed to be your signature to this Agreement to the same extent as if
your written signature was contained hereon. Our waiver of any breach of this
Agreement shall not constitute an amendment to this Agreement or our waiver of
subsequent breaches hereof. If any provision of this Agreement is found to be
invalid or unenforceable, the remainder of this Agreement shall remain in full
force and effect. Additionally, any provision that is deemed to be unenforceable
or invalid shall be interpreted to the maximum extent of enforceability.

 

This website is owned by:

 

dotattoos.com is owned by: Tim
B. Miller Grinnell, Iowa 50112

 

 

 

Last updated: 1/13/2017