TERMS & USAGE AGREEMENT
© Copyright 1999-2009. Phillips International LLC. The entire contents of this site are copyright protected by all state and federal laws. The names PhillipsHQ, Wealth Academy, U.S. Credit Academy and TIMBITS! are wholly-owned service marks of Phillips International LLC. Wealth Academy is a registered d.b.a. of Phillips International LLC (Michigan).
The information contained in these site pages is intended for the public at large and does not constitute legal advice. All site users should seek professional guidance for advice specific to their situations.
Site Usage is Voluntary
User participation in this site is voluntary. Phillips International LLC, its subsidiaries and/or affiliates (henceforth collectively referred to as PI) do not warrant the accuracy or lawfulness of published information. Users may not seek remedy or recourse from Wealth Academy for wrongful application of any content contained on this site. Site users should fully read and understand this entire Terms & Usage Agreement prior to using this site.
Privacy Policy
All user information gathered via PI will be used for marketing purposes. PI reserves the right to market to all users without restriction until notified otherwise in writing by the requesting user(s). PI also reserves the right to market any and all demographic information to third-parties, as permitted by law. All site users understand and agree that the use of this site is voluntary and PI reserves the right to use any and all personal information that is volunteered by site users for any legal purpose.
Warranty Disclaimer & Remedies
USE OF THE SERVICES AND ANY RELIANCE BY YOU UPON THE SERVICES, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. WEALTH ACADEMY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE PROVIDED "AS IS" AND CONSTANT CONTACT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
Non-Endorsements
PI does not monitor or endorse any of third party affiliates or assoicated to this site. Any claims as to a participating professional's "expert" status is strictly their own claim, not that of PI. It is incumbent upon each user to validate the level of experience and professional aptitude of all other users of this site, including users on this site's blog. Because the blog is an open, albiet monitored, forum, some posted information may prove to be unreliable.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL WEALTH ACADEMY OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS OF "PI" BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF "PI" SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, "PI" IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE LIABILITY OF "PI" TO YOU WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CIRCUMSTANCES, USERS AGREE TO THE USE OF THIRD-PARTY ARBITRATION USING AN ARBITRATOR SOLELY OF "PI's" CHOOSING. SHOULD ARBITRATION BE REQUIRED, IT SHALL BE DONE FACE-TO-FACE AT THE TIME AND PLACE OF "PI's" CHOOSING, MOST LIKELY IN THE COUNTY OF WAYNE MICHIGAN DURING NORMAL BUSINESS HOURS. IN NO CIRCUMSTANCES WILL "PI" BE RESPONSIBLE FOR ANY PART OF THE GRIEVING PARTY'S TRAVEL, LODGING, OR ATTORNEY'S FEES, OR FOR ANY DIRECT OR INCIDENTAL COSTS ASSOCIATED WITH THE ARBITRATION ACTION.
Professional Affiliates, Associates & Authors
On occassion, PI will post content from professionals outside of PI. These associates are professionals who receive online promotion via "by line" for content they contribute that is accepted by PI. Upon acceptance of submitted content, Associates agree that all contributed content becomes the exclusive property of PI according to the Associate Agreement. Associates warrant that the content they submit to PI is rightfully theirs and that they have not breached any contract or law, nor have they infringed upon any copyrights, in order to provide the content to PI. In consideration of PI's willingness to maintain an author's "by line" on posted content, Associates waive all claim to future rights to the contributed content and to its use and re-publication therein.
PI Affiliates are full-time professionals who pay a flat-rate annual fee for the right to receive leads through this site. Affiliates agree that they will only use PI's name, image and content in accordance with the PI Affiliate Agreement. They also agree to respresent themselves professionally in all regards when serving clients as a PI. Affiliates understand and agree that PI may terminate its affiliation with them at any time without refund should there be suffiicient cause by way of consumer complaints to PI.
All affiliates completely understand and acknowledge that PI makes no guarantees as to the quantity or quality of leads derived through this web site. Further, affiliates understand that they will receive leads only from the zip codes listed in the range of zip codes in the product description. In extremely rare instances, zip codes do no align with state borders resulting in the possibility of an occassional lead being directed to the owner of another zip block. Affiliates will always receive leads for zip codes as stated in their purchased product, so they must be certain to purchase lead subscription services for all zip codes for which they have a business interest.
Contributing Authors and PI Affiliates understand that their respective agreements may change without notice, and that their only recourse in disputes that arise with Wealth Academy is to discontinue their affiliation with Wealth Academy. It is incumbent upon all parties doing business in any capacity with PI Academy to remain current in their understanding and application of their respective agreements and their responsibilities contained herein.
Refund Policy
Purchases made through PI are non-refundable, except where otherwise noted. Refunds on all third-party purchases made through PI are made at the sole discretion of the respective third party. PI makes no guarantee, warrant or make any promise as to the existence or efficacy of third party refund policies.
PI does not warrant or guarantee the quantity, quality, or completeness of leads sent to professionals through the inline lead generation subscription service. Further, professionals using this service fully acknowledge that it is solely their responsibility to market themselves, the PI website, and their affiliation with PI within their respective subscription areas.
PI lead generation subscriptions are non-refundable and non-transferable. However, PI does guarantee exclusivity to leads generated via the site by visitors using the "find an expert" function for the full term of their subscription. If for whatever reason a lead generaton subscriber should be unhappy with the results of their subscription, that subscriber's only recourse is to not renew or extend his subscription. PI does not issue pro-rated refunds for lead generation subscriptions.
Export of Services or Technical Data
You may not remove or export from the United States or allow the export or re-export of any services contained in this site, or any direct product thereof, including technical data, in violation of any restrictions, laws, or regulations of the United States or any other applicable country.
Miscellaneous
If any provision of this Terms & Usage Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remainder of this Terms & Usage Agreement will otherwise remain in full force and effect and enforceable.
PI and you agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of the Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.
No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind Constant Contact in any respect whatsoever.
In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys' fees.
The Agreement shall be governed by the laws of the State of Michigan, USA without regard to its choice or law or conflict of laws provisions. All legal actions in connection with the Agreement shall be brought in the state or federal courts located in Detroit, Michigan.
Wealth Academy is a federally registered trademark and a trade name of Phillips International LLC, a Michigan Limited Liability Company. Phillips International LLC shall enjoy all rights and benefits that are afforded by this Agreement to Wealth Academy. |
