Disclaimer

--Please Read--

This website is designed to help readers. There are no warranties implied and your results will differ from others.

1. Definitions

1.1 In this document, this website's contents, codes, products, software, services, memberships and Affiliate Programs are referred to collectively as the "Materials", excluding any Materials provided to you by the website under a different written contract.

1.2 Discussed in paragraph 1.1, the website's contents include--but not limit to--images, pop-ups, downloads, advertisements, and informational content delivered by media such as texts, images, videos, audios, and podcasts.

1.3 The website (minttree.com), its agents, owners, operators, and employees are referred to herein collectively as "Website" or "Site".

1.4 Persons who visit, view, access, or use this website, whether intentionally or unintentionally, whether solicited or unsolicited, are described herein as "Users".

1.5 Subscribers to lists or Newsletters are referred to herein as "Subscribers".

1.6 Persons who join an organization or marketing endeavor (e.g. "affiliates", "join venture" or "referral partners") promoted by this website are called herein the "Members".

1.7 People who order, attempt to order, or receive a product sold (recipients) or advertised on or delivered from this website, even at no cost, is called herein the "Customers" or "Purchasers".

1.8 The terms of any other legal notices specified for the Materials are referred to herein collectively as the "Specified Disclaimer".

1.9 The terms and conditions set out in this document are referred to herein collectively as the "Disclaimer".

2. Person or parties involved

2.1 Your viewing, reading, using, or relying upon the website's Materials is subject to the terms of a legal agreement between you and the Website.

2.2 The Disclaimer is intended to cover all Users of this website, all Subscribers to lists or newsletters whether paid or unpaid, all Members whether paid or unpaid, and all Customers.

2.3 Parties to the Disclaimer are the Website and you, whose status is the User, the Subscriber, the Member, and/or the Customer.

2.4 If there is a Purchase Agreement, the Customers or Purchasers are subject to the agreement of the Disclaimer not only by passive acceptance, but also by virtue of the Purchase Agreement contract.

2.5 In the event that a person excluded from this website because of the Terms of Use (referred in the other document as the "Terms") or from denial of service by the website, who nonetheless unlawfully views this site, that person remains subject to the the Disclaimer and is in violation of the Terms of Use.

2.6 This website is not lawfully accessible to persons under the legal age or who are otherwise covered by the provisions of the Child Online Privacy Act of 1998 (COPA). If you are under the legal age, you must leave this site immediately. Fraudulent use of this website may make you subject to civil or criminal sanctions.

2.7 Unless the you has formed a separate written contract with the Website, it is expressly understood that you and the Website are, in all respects, independent parties to the Disclaimer. This agreement does not create a relationship of principal and agent and neither party is to be construed as the legal representative of the other. Nothing contained in this agreement shall be construed to create any relationship of partnership, joint venture, agency, franchise, sales representative, employment, or similar relationship between you and the Website.

3. Acceptance of the Disclaimer

3.1 In order to access, view, and/or use the website and its Materials, you must first agree to the website's Disclaimer, Privacy Policy, and Terms. You may not access, view, and/or use the website and its Materials if you do not accept the Disclaimer, the Privacy Policy, and the Terms.

3.2 You can accept the Disclaimer by:

(1) clicking to accept or agree to Disclaimer, if this option is made available to you by a user-interface specified for the Materials;

(2) actually accessing, viewing, and/or using the Materials; or

(3) your continuance of accessing, viewing, and/or using the Materials.

3.3 You can accept the Privacy Policy and the Terms in the similar fashion as you accept the Disclaimer (described above).

3.4 If there are other terms specified for the Materials, you can also accept such terms in the similar fashion as you accept the Disclaimer (described above).

3.5 You may not access, view, and/or use the Materials and may not accept the Disclaimer if (a) you are not of legal age to form a binding contract with the website, or (b) you are a person barred from receiving the Materials under the laws of the United States or other countries including the country in which you are resident or from which you use the Materials.

3.6 Unless you have formed a separate written contract with the website, your agreement with the website will always include, at a minimum, the Disclaimer.

3.7 If there is any contradiction between what the Disclaimer says and what the Specified Disclaimer on the website says, then the Specified Disclaimer shall take precedence in relation to the involved Materials.

4. Disclaimer for the site and its Materials

4.1 The Website and its Materials are not intended to provide investment, tax, legal, or medical advice.

4.2 The Website disclaims any responsibility for the completeness, accuracy, reliability, suitability or availability of its Materials.

4.3 Users assume all risk of viruses, worms, or other corrupting factors and all risk of viewing, reading, using, or relying upon the Materials.

4.4 In no event shall the Website be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the viewing, reading, or using of the Materials.

4.5 Unless you have otherwise formed a separate contract with the Website, you have no right to rely on the Website's Materials as accurate, valid, reliable, or complete. The Website makes no such warranty.

5. Disclaimer for harm caused by interacting with the site and its Materials

5.1 By interacting with the site and its Materials, the User agrees that such interaction is entirely at his/her own risk.

5.2 User agrees to indemnify and hold harmless the Website from and against any damages, costs and expenses, including any legal fees, arising from the interaction of the Website and its Materials. This also applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, or use of record, whether for breach of contract, tort, negligence, or under any other cause of action.

5.3 User downloads Materials from this site at his/her own risk. This site makes no warranty that downloads are free of corrupting codes, including, but not limited to, viruses and worms.

5.4 The Website assumes no responsibility for damage to computers or software of the User or any person the User subsequently communicates with from corrupting code or data that is inadvertently passed to the User's computer.

6. Disclaimer of specific recommendation or endorsement

6.1 The Website does not recommend or endorse any specific company, advertiser, sponsor, product, service, or opportunity unless otherwise specifically stated. (You should research all companies, advertisers, sponsors, products, services, or opportunities thoroughly in light of your experience, objectives, financial resources and other circumstances).

7. Disclaimer of earnings

7.1 Even though the Materials of the Website may have potential to make you money, it does not automatically mean that you will make any money. If the Website's Materials have given you any impression of guaranteeing your earning of any given amount of money, no matter how large or small, then please wipe out that impression: no one can guarantee that, and if they do, you better walk... no you better run the other way!

7.2 Each individual's success will be determined by his or her desire, dedication, background, product, effort and motivation to work and put the Materials to productive use. There is no guarantee you will duplicate the results presented.

7.3 You recognize that any business endeavor has inherent risk for loss of capital. You also recognize that the Website cannot be held responsible or liable in any way for such loss.

7.4 EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT THE WEBSITE AND ITS MATERIALS. THERE IS NO GUARANTEE THAT YOU WILL EARN ANY MONEY USING THE TECHNIQUES AND IDEAS IN THE MATERIALS.

7.5 EXAMPLES IN THE MATERIALS ARE NOT TO BE INTERPRETED AS A PROMISE OR GUARANTEE OF EARNINGS. YOUR LEVEL OF SUCCESS IN ATTAINING THE RESULTS CLAIMED IN THE MATERIALS DEPENDS MANY FACTORS (E.G. YOUR KNOWLEDGE, FINANCES, AND VARIOUS SKILLS). SINCE THESE FACTORS DIFFER FROM INDIVIDUAL TO INDIVIDUAL, WE CANNOT GUARANTEE YOUR SUCCESS OR INCOME LEVEL, NOR ARE WE RESPONSIBLE FOR ANY OF YOUR ACTIONS.

7.6 THE WEBSITE'S MATERIALS 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.

7.7 ANY AND ALL FORWARD LOOKING STATEMENTS HERE OR ON ANY OF THE MATERIALS ARE INTENDED TO EXPRESS OUR OPINION OF EARNINGS POTENTIAL. IT SHOULD NOT BE ASSUMED THAT FUTURE RESULTS WILL EQUAL PAST PERFORMANCE. 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. AGAIN, NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM OUR IDEAS AND TECHNIQUES IN THE MATERIALS.

8. Changes and updates of the Disclaimer

8.1 The Disclaimer was last modified: May 17th, 2008.

8.2 Unless otherwise stated by the website, any modification of the Disclaimer shall be effective immediately upon its posting on the site.

8.3 Unless, in the sole opinion of the website, the Disclaimer changes so drastically as to suggest a posted notification on the site or via email, you will receive no notification of changes to the Disclaimer nor, under any circumstances, does this site promise notification.

8.4 You understand that the website reserves the right to modify, add or delete any documents, information, graphics or other content appearing on or in connection with the website or Materials, including the Disclaimer, at any time without prior notice. You may not assume that the Disclaimer remains the same and agrees to check it upon each visit to the website for changes.

9. Termination of the terms of agreement

9.1 The Disclaimer will continue to apply until terminated by either you or the website as set out in this Section below.

9.2 If you want to terminate this legal agreement with the website, you may do so by (a) notifying the website at any time and (b) closing your registered accounts, where the website has made this option available to you. Please use the contact page on the site to send the notice of the agreement's termination.

9.3 The website may, at any time, terminate its legal agreement with you if:

(1) you have breached any provision of the Disclaimer (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Disclaimer); or

(2) the website is required to do so by law (for example, where the provision of the Materials to you is, or becomes, unlawful); or

(3) the partner with whom the website offered the Materials to you has terminated its relationship with the website or ceased to offer the Materials to you; or

(4) the website is transitioning to no longer providing the Materials to users in the country in which you are resident or from which you use the service; or

(5) the provision of the Materials to you by the website is, in the website’s opinion, no longer commercially viable.

9.4 When the Disclaimer come to an end, all of the legal rights, obligations and liabilities that you and the website have benefited from, been subject to (or which have accrued over time while the Disclaimer have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of all Section 11 shall continue to apply to such rights, obligations and liabilities indefinitely.

9.5 The website, in its sole discretion, reserves the right to suspend or terminate your account(s), or to terminate the contract with you without notice, if the website has reason to believe that you have been involved with any of the following conduct that is related in any manner to the website, its Users, its Subscribers, its Members, or its Customers:

  1. engaging in illegal activity, including but not limited to, spamming, credit card fraud, consumer fraud, bank fraud, or other illicit commercial activities;
  2. promoting the website's Materials in any relation with information or for any purpose which is scandalous, obscene, defamatory or immoral, or uses the website's Materials in relation or for any other purpose which is prohibited by law;
  3. infringing intellectual property rights of the website, its affiliates, publishers, customers or other related parties;
  4. misrepresenting the website and any, some or all of the website's Materials, or misrepresenting, over-promising or other acts in violation of federal or state law governing consumer protection and commercial activities; or
  5. otherwise violating this website's rules or policies.

If the website suspects you have been involved with any misconduct, the website will suspend your registered account and/or will review conduct that appears to violate this Disclaimer. This review will be conducted in a manner decided by the website. You agree to cooperate with such review. If the review concludes that there is a reasonable basis to believe actionable misconduct has occurred, the website may terminate your account and this agreement and may seek remedies for liquidated damages and/or for the benefit of third parties affected by the misconduct. The website may also pursue other legal prosecutions and remedies as allowed by law.

9.6 You understand that the website may freely assign or otherwise transfer any or all of the rights and obligations described in the Disclaimer without your consent and without notice to you.

9.7 You agree that if any provision of the Disclaimer is declared or determined by any court to be illegal or invalid, the validity and enforceability of the remaining parts, terms or provisions shall not be affected by that determination, and the illegal or invalid part, term, or provision shall not be deemed to be part of the Disclaimer.

10. Arbitration

10.1 As part of the consideration that the Website requires of you to view, use, or interact with this site, you agree 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.

10.2 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 the city or county of the website owner.

10.3 In no case shall you have the right to go to court or have a jury trial. You 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 final and binding with limited rights of appeal.

10.4 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.

11. Applicable law, jurisdiction and venue

11.1 You agree that the applicable law to be applied shall, in all cases, be that of the state declared in the contact information of Website unless otherwise here specified: the state in the website owner's physical address, which is California.

11.2 If any matter concerning the purchase of the Materials shall be brought before a court of law, pre- or post-arbitration, you agree to that the sole and proper jurisdiction to be the city and state declared in the contact information of the seller unless otherwise here specified: the city and state closest to the seller's physical address, which are Escondido and California, respectively.

11.3 If any other matter concerning the Website and the Materials shall be brought before a court of law, pre- or post-arbitration, you agree to that the sole and proper jurisdiction to be the city and state declared in the contact information of website unless otherwise here specified: the city and state closest to the website owner's physical address, which are Escondido and California, respectively.

11.4 In the event that litigation is in a federal court, the proper court shall be the closest federal court to the website owner's physical address (or, if applicable, the seller's physical address).

12. Contact information

12.1 For any question, comment or report of incident, please use the contact page on the site.


COPYRIGHT NOTICE: Copyright © 2010 minttree.com. All rights reserved worldwide.