Visitors, viewers, users, subscribers, members, affiliates, or customers, collectively referred to herein as “Visitors,” are parties to this agreement. The website and its owners and/or operators are parties to this agreement, herein referred to as “Website.” USE OF INFORMATION FROM THIS WEBSITE Unless you have entered into an express written contract with this website to the contrary, visitors, viewers, subscribers, members, affiliates, or customers have no right to use this information in a commercial or public setting; they have no right to broadcast it, copy it, save it, print it, sell it, or publish any portions of the content of this website. By viewing the contents of this website you agree this condition of viewing and you acknowledge that any unauthorized use is unlawful and may subject you to civil or criminal penalties. Again, Visitor has no rights whatsoever to use the content of, or portions thereof, including its databases, invisible pages, linked pages, underlying code, or other intellectual property the site may contain, for any reason for any use whatsoever. Nothing. Visitor agrees to liquidated damages in the amount of U.S.$100,000 in addition to costs and actual damages for breach of this provision. Visitor warrants that he or she understands that accepting this provision is a condition of viewing and that viewing constitutes acceptance.
OWNERSHIP OF WEBSITE OR RIGHT TO USE, SELL, PUBLISH CONTENTS OF THIS WEBSITE The website and its contents are owned or licensed by the website. Material contained on the website must be presumed to be proprietary and copyrighted. Visitors have no rights whatsoever in the site content. Use of website content for any reason is unlawful unless it is done with express contract or permission of the website.
HYPERLINKING TO SITE, CO-BRANDING, “FRAMING” AND REFERENCING SITE PROHIBITED Unless expressly authorized by website, no one may hyperlink this site, or portions thereof, (including, but not limited to, logotypes, trademarks, branding or copyrighted material) to theirs for any reason. Further, you are not allowed to reference the url (website address) of this website in any commercial or non-commercial media without express permission, nor are you allowed to ‘frame’ the site. You specifically agree to cooperate with the Website to remove or de-activate any such activities and be liable for all damages. You hereby agree to liquidated damages of US$100,000.00 plus costs and actual damages for violating this provision.
DISCLAIMER FOR CONTENTS OF SITE
The website disclaims any responsibility for the accuracy of the content of this website. Visitors assume the all risk of viewing, reading, using, or relying upon this information. Unless you have otherwise formed an express contract to the contrary with the website, you have no right to rely on any information contained herein as accurate. The website makes no such warranty. If any of the sales or or promotion copy contains statements or testimonials about income or earnings, those statements are true to the best of our knowledge. However, you cannot simply rely on these statements as being duplicable by you because many factors affect results, inlcuding just dumb luck. Some people buy this product to make money and, in fact, make money. Some people buy this product and never read it or attempt to implement any of the money-making ideas. Some folks apparently take to it like a duck to water and can’t stop making money.
Nothing promoted on this website should be construed as a “Get rich quick scheme.” The products you are buying to learn how to make money or products you are buying to re-sell, have all been proven money-makers. The income and earnings statements, if any, tend to reflect the most successful cases and you should not construe this as being the “average” or usual success story. As is true in much of life, real success usually requires real work. Learning about real estate or the internet or any other money-making system is not terrible work and it can produce very livable incomes if you are willing to learn your craft and work at it steadily. Even part-time efforts can bring in extra money each month. But it requires learning skills that you may not have a background in and will require constant education and, perhaps, even psychological motivation to keep you at your goals. No warranties are made whatsoever about the amount of money, if any, that you will earn from this material or this training and you warrant an understanding that your only course of action is to test this product, material and training to the extent of the refund stated and request a refund if you are not satisfied.
TESTIMONIAL DISCLAIMER THE PERFORMANCE EXPERIENCED BY THE USER COMMENTS AND TESTIMONIALS, ON THIS PAGE AND/OR OUR WEB SITE , IS NOT WHAT YOU SHOULD EXPECT TO EXPERIENCE. ALTHOUGH COMPANY ACCEPTS THE TESTIMONIALS IN GOOD FAITH, COMPANY HAS NOT INDEPENDENTLY EXAMINED THE BUSINESS RECORDS OF ANY OF THE PROVIDERS AND THEREFORE HAS NOT VERIFIED ANY SPECIFIC FIGURES OR RESULTS QUOTED THEREIN. THESE RESULTS ARE NOT TYPICAL, AND YOUR INCOME OR RESULTS, IF ANY, WILL VARY AND THERE IS A RISK YOU WILL NOT MAKE ANY MONEY AT ALL. SOME OF THE USERS MAY, IN SOME CASES, BEEN INCENTIVIZED TO SUBMIT THEIR COMMENTS. DISCLAIMER FOR HARM CAUSED TO YOUR COMPUTER OR SOFTWARE FROM INTERACTING WITH THIS WEBSITE OR ITS CONTENTS. VISITOR ASSUMES ALL RISK OF VIRUSES, WORMS, OR OTHER CORRUPTING FACTORS.
The website assumes no responsibility for damage to computers or software of the visitor or any person the visitor subsequently communicates with from corrupting code or data that is inadvertently passed to the visitor’s computer. Again, visitor views and interacts with this site, or banners or pop-ups or advertising displayed thereon, at his own risk. DISCLAIMER FOR HARM CAUSED BY DOWNLOADS Visitor downloads information from this site at this own risk. Website makes no warranty that downloads are free of corrupting computer codes, including, but not limited to, viruses and worms.
LIMITATION OF LIABILITY By viewing, using, or interacting in any manner with this site, including banners, advertising, or pop-ups, downloads, and as a condition of the website to allow his lawful viewing, Visitor forever waives all right to claims of damage of any and all description based on any causal factor resulting in any possible harm, no matter how heinous or extensive, whether physical or emotional, foreseeable or unforeseeable, whether personal or business in nature. INDEMNIFICATION Visitor agrees that in the event he causes damage, which the Website is required to pay for, the Visitor, as a condition of viewing, promises to reimburse the Website for all.
JURISDICTION AND VENUE If any matter concerning this purchase shall be brought before a court of law, pre- or post-arbitration, Viewer, visitor, member, subscriber or customer agrees to that the sole and proper jurisdiction to be the state and city declared in the contact information of the web owner unless otherwise here specified. Greenville, South Carolina, Greenville County. In the event that litigation is in a federal court, the proper court shall be the closest federal court to the Seller’s address.
APPLICABLE LAW Viewer, visitor, member, subscriber or customer agrees that the applicable law to be applied shall, in all cases, be that of the state of the Seller. This policy sets forth the type of information Rapid Offer Generator.com collects from you via this website (the “Website”), the way we use such information, and the procedures we use to keep such information confidential. This policy also sets forth the terms and conditions of your use of the website and its content. RapidOfferGenerator.com takes every reasonable precaution to protect our users’ personal information. When users submit sensitive information via the DuncanWierman.com website, their information is protected both online and off-line.
SECURITY We are committed to preventing others from unauthorized access to the personal information you provide to us, and we maintain commercially reasonable procedures and technology designed for this purpose. The Website has reasonable technical and organizational security measures in place to protect the loss, misuse or alteration of information under our control. However, we cannot guarantee that unauthorized third parties will never be able to defeat those security measures or use your personal information for improper purposes. When our registration/order form asks users to enter sensitive information, such as credit card number, that information is encrypted and is protected with the best encryption software in the industry. While on a secure page, such as our order form, the lock icon on the bottom of Web browsers such as Netscape Navigator and Microsoft Internet Explorer becomes locked, as opposed to un-locked, or open, when users are just ’surfing’. While we use encryption to protect sensitive information online, we also do everything in our power to protect user-information off-line. All of our users’ information, not just the sensitive information mentioned above, is restricted in our offices.
Only authorized representatives who need the information to perform a specific job (for example, our billing clerk or a customer service representative) are granted access to personally identifiable information. Finally, the servers that store personally identifiable information are in a secure environment. The Information We Collect We request information from the user on our secure order form. A user must provide contact information (such as name, email, and shipping address) and financial information (such as credit card number, expiration date). This information is used for billing purposes and to fill customer’s orders. If we have trouble processing an order, the information is used to contact the user. This information is only shared with other companies who work on behalf of Duncan Wierman to provide a product or service to you. Unless we tell you differently, these companies do not have any right to use the personally identifiable information we provide to them beyond what is necessary to assist us. We may also use this information to inform you of additional goods and services about which you might be interested or to customize your experience and use of the Website.
We may ask you for personally-identifying information in connection with a promotion or survey. Any email you receive from us, or third parties authorized by you to send email, will contain additional opt-out or unsubscribe options in the email with instructions on how to unsubscribe from receiving future emails. We may automatically gather general statistical information about our website and visitors, such as IP addresses, browsers, pages viewed, number of visitors, goods and services purchased, transactions completed, etc. To do this, we use action tags and cookies provided by our site analytics and marketing partners. Although these partners log the information coming from our site on our behalf, we authorize how that data may and may not be used. We do not link the information we store in cookies to any personally identifiable information you submit while on our site.
Agents We use an outside company for credit card processing company to bill you for goods and services. These companies do not retain, share, store or use personally identifiable information for any other purposes. Service Providers We use other third parties to provide credit card transactions on our site. When you process an order, we will share credit card information, name & address information as necessary for the third party to provide the credit card transaction service. The third parties are prohibited from using your personally identifiable information for any other purpose Access to Personally Identifiable Information If your personally identifiable information changes, or if you no longer desire our service, you may correct, update, delete or deactivate it by our Customer Support or by contacting us by telephone or postal mail at the contact information listed below.
Log Files Like most standard website servers, we use log files. This includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the site, track user’s movement in the aggregate, and gather broad demographic information for aggregate use. IP addresses, etc. are not linked to personally identifiable information. The Way We Use Non-Medical Information Our goal is to provide products that best meet your needs, therefore we evaluate your personal interactions with us in an effort to bring you the products which best suit your tastes. In addition, we use your information to improve our marketing and promotional efforts, to statistically analyze site usage, to improve our content and product offerings and to customize our site’s content, layout, and services. We may use your information to deliver information to you that, in some cases, is targeted to your interests, such as targeted banners, new products, services and promotions.
At times we may ask you to provide us voluntarily with additional information regarding your personal or business interests, experience or requests, which we may use to customize our products and services for you. If you place a request for products or services, we use your personal information to ship your order; if the products or services are from a retail partner, we may provide your relevant information to that retailer for purposes of the transaction. If you establish a credit account with us or our providers, we collect additional information, including billing information, credit card number and expiration date, and tracking information from checks or money orders. We may also use or disclose information to resolve disputes or investigate problems. We may disclose or access information whenever we believe in good faith that the law so requires or if we otherwise consider it necessary to do so to maintain service and improve our products and services.
We may use your IP address to help diagnose problems with our servers, to manage our website and to enhance our site based on the usage pattern data we receive . Newsletter Users who no longer wish to receive our newsletter may opt-out of receiving these communications by clickingon the unsubscribe link contained in every newsletter. Email-A-Friend If a user elects to use our E-mail to a friend service for informing a someone about an article, we launch the default email program on the user’s computer. We do not know who you send the article to and therefore we could not collect and store that data.
The Website contains links to other sites. RapidOfferGenerator.com is not responsible for the privacy practices or the content of such other sites. By including links to other websites, we neither endorse such sites nor guarantee that the information they contain is accurate. We encourage you to be aware when you leave our site to read the privacy statements of every linked website as the privacy policies of each may differ from ours. This privacy statement applies solely to the RapidOfferGenerator.com website. Third Party Advertising We do not accept any paid advertisements on RapidOfferGenerator.com. Any services or products recommended and/or offered in the newsletter or elsewhere on RapidOfferGenerator.com have gone through extensive review before such recommendations, and based on that review were recommended and/or offered. RapidOfferGenerator.com powerful search capability is provided by Google, however, and so it should be noted that when RapidOfferGenerator.com visitors use this search functionality and see outside websites/products/services advertised in the search results, those are part of Google’s program, not RapidOfferGenerator.com.
If RapidOfferGenerator.com discovers that you are making unacceptable use of RapidOfferGenerator.com, however, RapidOfferGenerator.com may terminate your account.
Personally Identifiable Information We Do Not Share Personally Identifiable Information with Third Parties other than those mentioned above under Service Providers. Earnings & Income Disclaimers Any earnings or income statements, or earnings or income examples, are only estimates of what we thing 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 this website, 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 reluts 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. Therefor 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. Real estate businesses and earnings derived therefrom, 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 significant losses, or make no money at all. All products and services by our company are for educational and informational purposes only.
Use caution and seek the advice of qualified professionals. Check with you account, lawyer or professional advisor, before acting on this or any information. User 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 this 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 by our company, or our company products or services. Unsolicited Ideas We welcome feedback, questions and comments about our products, services and this Website. As a general policy, we do not accept unsolicited ideas for products or services through this Website.
To use services delivered on or through the Site, you will need to register on the Site, pay any applicable fees, and create an account, username and password. You are responsible for maintaining the confidentiality of your account information and for all activities and liabilities associated with or occurring under your account. You must notify us immediately of any unauthorized use of your account or username. You may not transfer your account (including your username or password) to another person and you may not use anyone else’s account at any time without the permission of the account holder. In cases where you have authorized or registered another individual, including a minor, to use your account, you are fully responsible for (i) the online conduct of such user; (ii) controlling the user’s access to and use of the services; and (iii) the consequences of any misuse. In the event that you permit a minor to use your account, we reserve the right to provide access to your account and all information contained therein to such minor’s parents, guardians or other authorized adults, including, but not limited to, authorized school representatives
ORDERS FOR PRODUCTS AND SERVICES. – TERMS OF SALE
(a) We make certain products and services available to visitors and registrants of the Site. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to The Wierman Group llc. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. Certain products that you purchase and/or download on or through the Site may be subject to additional terms and conditions presented to you at the time of such purchase or download.
(b) We may offer services that continue indefinitely until cancelled by you. If you purchase such a service, you agree that your account will be subject to this automatic renewal feature until you cancel the service. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term and your subscription will not be renewed thereafter. However, you won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
(c) We may offer some services or products by granting you an unlimited license to use a feature during a set time period using “tokens”, “points” or similar terms (“License Triggers”). Upon the expiration of the time period, any unused License Triggers expire. In some cases, we may redeem any unused License Triggers ourselves prior to termination and provide you the feature(s) related thereto so you have no unused License Triggers when the license period expired, although we are not obligated to do so. We may also give you a license to use features that use License Triggers for free or as part of a promotion. Any such license will be subject to your compliance with these Terms and Conditions and is non-exclusive, non-transferable and revocable. You understand and agree that while License Triggers may be described as being “purchased”, “bought”, “redeemed” or “spent”, the License Triggers themselves are not real world or virtual currency and do not refer to any credit balance of real currency or its equivalent. Rather, you receive a limited license to use certain features we offer and the License Triggers are for use only to organize how that license may be used. The purchase and sale of this limited license is a completed transaction upon receipt of your payment and is not refundable regardless of the extent to which you use the license. If you choose to not use the license to its fullest extent, and let License Triggers expire or allow us to redeem them for you, if applicable, you may do so. Any License Trigger balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead only constitutes a measurement of the extent of your license. If you delete your account, we are entitled to redeem all your unused License Triggers on the date of deletion.
(d) Confidentiality; Mutual Non-Disparagement.
In an effort to ensure fair and honest feedback, and to prevent the publishing of libelous content in any form, your acceptance of membership to our site, or access to our date tapes, this contract prohibits you from taking any action that negatively impacts The Wierman Group, or Duncan Wierman CEO, its reputation, product, services, management or employees.
Should you violate this clause, as determined by The Wierman Group llc. in its sole discretion, you will be provided a seventy-two (72) hour opportunity retract the content in question. If the content in question remains, in whole or in part, you will be immediately billed $3,500 USD for legal fees and court cost until such compete costs are determined in litigation.Should these charges remain unpaid for 30 calender days from the billing date, your unpaid invoice will be forwarded to our third party collection firm and will be reported to consumer credit reporting agencies until paid
(e) By placing an order on our website, you agree to be bound by all terms and conditions contained in this agreement and its return policy. You agree to provide us with accurate information for billing and shipping, and you affirm that you have authorization to use any payment form that is used on our website. You allows us 90 days from the date of deliver or from the date of the transaction in cases where there is any delivery failure, to resolve any issue pertaining to any order, including, but not limited to: delivery issues, product issues, billing issues, or any dispute, issue or problem with your order. You agree not to file any complaint, chargeback, claim, or make any public forum post, review, Better Business Bureau complain, social media post, or any public statement regarding the order, our website, or any issue with your order, for any reason within this 90 day period, or to threaten to do so within this 90 day period, or it is a breach of the terms of sale, creating liability for damages in the amount of $250, plus any additional fees, damages – both consequential and incidental, calculated on an ongoing basis.
This amount shall be collected using a collections agent or other recovery method(s) as needed, including, but not limited to, a civil action in Greenville,SC to recover damages, wage garnishments, or other recovery/collections action. In cases of any breach of this agreement, the fee of $250 is collected independently, based solely on the breach of this contract, and may be done notwithstanding payment of any order, refund/cancellation of any order , or delivery or failure to deliver any order. You agree that the sole forum for any dispute or claim related to any order or transaction with our website shall be in South Carolina. You agree that the sole method of dispute resolution in all cases, if, and only if, any outstanding issue remain, after the initial 90 day period, shall be binding arbitration, to take place in Greenville SC, with all expenses paid by the respective parties. Greenville, SC shall be the sole forum for any dispute or claim relating to any transaction involving this website. This is a legally binding agreement.
The parties agree and acknowledge that this non-disparagement provision is a material term of this Agreement, the absence of which would have resulted in the Company refusing to enter into this Agreement.
Additional Access to Supporting Products As part of the Rapid Offer generator program, an upgrade is available to E-Investor software for an additional fee if you are not on the $97 dollar a month membership fee. You can upgrade at any point to the 97 monthly fee. You do not need to use E-investor to be successful. This software is only to give you more options and the ability for your investor buyers to analyze your deals via your website.
Refund and Cancellation Policy For your protection we have a License Agreement which all customers agree to prior to logging in and creating an account. If you purchase the system and software and then do not agree to the terms of our license agreement you may cancel your RapidOfferGenerator.com order and we will cheerfully give a refund of your $1 Trial offer. The refund policy of the RapidOfferGenerator.com has a 7 Day Trial period. Any period of a day up to 12am, is considered ONE day and not part thereof. You will be billed on the 8th day for your subscription.
The monthly subscription fee shall not be refunded under any circumstances. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS. To cancel, visit our website and click on “Cancel Membership” on the “Your Account” page and follow the instructions for cancellation under the heading “Cancel Membership.”Cancellations Due to security concerns (such as fraudulent cancellations), all cancellations must be done through a representative. E-mail, fax, or other media requests will not constitute acceptance of any cancellation. Only written request by mail will create a cancellation request. Each customer will receive an email confirmation upon the cancellation of the account or order. You may cancel your subscription at any time. No long term commitment is required.
Please see the instructions at the helpdesk www.rapidoffergenerator.com/hesk to cancel your account at anytime.
All communications and other materials (including, without limitation, unsolicited ideas, photographs, drawings, suggestions, or materials) you send to this Website by e-mail or otherwise are and shall remain the sole and exclusive property of RapidOfferGenerator.com and may be used by us for any purpose whatsoever, commercial or otherwise, without compensation to you.
CONTACT INFORMATION : The Wierman Group 209 North Main Street Greenville, SC 29601
Legal Document Copyright © 2009 by Bob Silber of http://www.websitelegalforms.com/ and Licensed To RapidOfferGenerator.com