PLEASE READ THIS TERMS OF USE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
By using the WebProSecrets website, you express your understanding of and agreement with the following information. If you do not understand the meaning of any of these statements, please contact us.
This Terms of Use Agreement (this “Agreement”) is entered into by and between MERG Media, LLC., a Nebraska corporation, doing business as WebProSecrets, (“WebProSecrets”) and you, and is made effective upon your first use of this website. If you do not agree to these terms do not use the WebProSecrets website. This Agreement sets forth the general terms and conditions of your use of this website (this “Site”) and the products and services (collectively, the “Services”) found at this Site, and is in addition to (not in lieu of) any specific terms and conditions that apply to the particular Services you purchase or access through this Site or emails sent by WebProSecrets.
Eligibility and Authority: This Site and the Services found at this Site are available only to Users who can form legally binding contracts under applicable law. By using this Site or the Services found at this Site, you represent and warrant that you are (i) at least eighteen (18) years of age and/or (ii) otherwise recognized as being able to form legally binding contracts under applicable law. If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms “you”, “your” or “User” shall refer to such corporate entity.
Copyrights: WebProSecrets website and information contains copyrighted material, trademarks, and other proprietary information. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works of, on in any way exploit, in whole or in part, any Proprietary or other Material.
Privacy Policy: By using the WebProSecrets website you hereby concent to WebProSecrets Privacy Policy, which can be viewed at this website link: http://www.webprosecrets.com/privacy-policy/
Rules of Conduct: You acknowledge and agree that: Your use of this Site and the Services found at this Site, including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations. You will not impersonate another User or any other person or entity, or submit content on behalf of another User or any other person or entity, without their express prior written consent. You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent. You will not use this Site or the Services found at this Site in a manner (as determined by WebProSecrets in its sole and absolute discretion) that:
- Is illegal, or promotes or encourages illegal activity;
- Promotes, encourages or engages in defamatory, harassing, abusive or otherwise objectionable behavior;
- Promotes, encourages or engages in child pornography or the exploitation of children;
- Promotes, encourages or engages in hate speech, hate crime, terrorism, violence against people, animals, or property, or intolerance of or against any protected class;
- Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
- Violates the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription;
- Infringes on the intellectual property rights of another User or any other person or entity;
- Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
- Interferes with the operation of this Site or the Services found at this Site;
- Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or
- Contains false or deceptive language, or unsubstantiated or comparative claims, regarding WebProSecrets or WebProSecrets’s Services.
- You will not copy or distribute in any medium any part of this Site or the Services found at this Site, except where expressly authorized by WebProSecrets.
- You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies.
- You will not access WebProSecrets Content (as defined below) or User Content through any technology or means other than through this Site itself, or as WebProSecrets may designate.
- WebProSecrets reserves the right to modify, change, or discontinue any aspect of this Site or the Services found at this Site, including without limitation prices and fees for the same, at any time.
WebProSecrets Content: If you leave a comment on this site, it becomes the property of WebProSecrets. In addition to the general rules above, the following restrictions and conditions apply specifically to your use of WebProSecrets Content. The content on this Site and the Services found at this Site, including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“WebProSecrets Content”), are owned by or licensed to WebProSecrets in perpetuity, and are subject to copyright, trademark, and/or patent protection in the United States and foreign countries, and other intellectual property rights under United States and foreign laws. WebProSecrets Content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of WebProSecrets. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. WebProSecrets reserves all rights not expressly granted in and to the WebProSecrets Content, this Site and the Services found at this Site, and this Agreement do not transfer ownership of any of these rights.
Security: You agree not to circumvent, disable or otherwise interfere with the security-related features of this Site or the Services found at this Site (including without limitation those features that prevent or restrict use or copying of any WebProSecrets Content or User Content) or enforce limitations on the use of this Site or the Services found at this Site, the WebProSecrets Content therein.
Claims: Any and all claims or representations made by WebProSecrets are to be considered exceptional results by talented individuals who actually use the information, NOT the average result of anyone who buys the product. This applies especially to those who buy the product but do not read it, apply it or follow directions only partially. For example, because it’s possible to create a website in 1 or 2 hours, it does not mean you personally will be able to create the same quality of website in the same amount of time.
Having said that, the average person who buys this product or uses WebProSecrets can create a website by following the steps provided, if and only if, they read the product and follow instructions as presented without significant deviation. WebProSecrets does not have statistics on the number of people who actually create websites, nor the amount of time it takes to create them on average. All information is provided for educational purposes only and may or may not represent factual information.Your actual speed of learning may vary.
Business Venture Assumptions: You recognize that all marketing and any business endeavor encompasses risk. You freely and of your own will risk any and all time and money you choose to spend implementing the lessons and concepts. You will do so with skill and common sense. You will not hold MERG Media, LLC. dba WebProSecrets liable or accountable in any way for any failure of the services to meet to your expectations.
Testimonials: The testimonials provided at WebProSecrets website represent the unique experiences of talented individuals and do not indicate you will or even can accomplish a similar result. Because someone else creates a complete website in a few hours or generates a million dollars in sales, does not mean that you can do the same thing. I don’t know you, your background, your work ethic, or whether you’ll follow the steps exactly as laid out.
Earnings Disclaimer: Statements and testimonials of earnings or income examples are only estimates of what may be possible to earn with a small business website. There is no assurance that you will do as well, as we have no way of knowing how well you will do. Your business skills, background, work ethic and many other factors may improve or hinder your chance of achieving income growth. We do not guarantee or imply that you will do as well and you must accept the risk of not doing as well.
Links to Third Party Websites: This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by WebProSecrets.
Earnings Disclosure for Links to Third Party Websites: While WebProSecrets itself is free, this site contains affiliate links to Third Party Websites, for optional services for which WebProSecrets may be compensated for any purchases made.
Indemity for Third Party Websites:You agree to protect, defend, indemnify and hold harmless MERG Media, LLC. dba WebProSecrets and its partners, officers, directors, employees, and agents, from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by WebProSecrets directly or indirectly arising from your interactions with Third Party Websites. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
No Warranty for Third Party Website Business Practices: WebProSecrets assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, WebProSecrets does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release WebProSecrets from any and all liability arising from your use of any third-party website. Accordingly, WebProSecrets encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.
Affilates and Advertisers: WebProSecrets may provide links to outside companies for website hosting, domain registration, themes, professional services, etc. You will not hold MERG Media, LLC dba WebProSecrets liable or accountable in any way for any failure of these outside services to meet to your expectations.
Indemnity: MERG Media, LLC. dba WebProSecrets and its partners, officers, directors, employees, and agents, from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by WebProSecrets directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of this Agreement or the corporate policies and/or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
Fees and Payments: You agree to pay any fees due for Services purchased at this Site at the time you order the Services. WebProSecrets expressly reserves the right to change or modify its prices and fees at any time and such changes or modifications shall be effective immediately upon the earlier of (i) our email notification to you advising you of such changes or modifications or (ii) your electronic acceptance of this Agreement after such changes or modifications have been made.
Customer Remedy: Our company’s entire liability, and the purchaser’s exclusive remedy, shall be a refund of the price paid directly to WebProSecrets. If you paid nothing then WebProSecrets has NO liability. All remedies are limited to the United States. Some states do not allow the exclusion or limitation of liability, so the above limitations may not apply to you.
DISCLAIMER OF REPRESENTATIONS AND WARRANTIES: YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. WEBPROSECRETS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WEBPROSECRETS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND WEBPROSECRETS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. WEBPROSECRETS LIFETIME MEMBERSHIP OFFER PERTAINS TO THE FACT THAT MEMBERS MAY ACCESS THE WEBPROSECRETS WEBSITE AT NO ADDITIONAL COST FOR SO LONG AS THE WEBPROSECRETS WEBSITE IS OPERATIONAL.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY WEBPROSECRETS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES) WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.
LIMITATION OF LIABILITY: IN NO EVENT SHALL WEBPROSECRETS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT WEBPROSECRETS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR THE SERVICES FOUND AT THIS SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL WEBPROSECRETS’S TOTAL AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO WEBPROSECRETS FOR THE PARTICULAR SERVICES THAT ARE THE SUBJECT OF THE CAUSE OF ACTION. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.
Compliance with Local Laws: WebProSecrets makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations.
Governing Law; Jurisdiction, Venu: Except for disputes governed by the Uniform Domain Name Dispute Resolution Policy referenced above and available here, this Agreement shall be governed by and construed in accordance with the federal law of the United States and the state law of Nebraka, whichever is applicable, without regard to conflict of laws principles. You agree that any action relating to or arising out of this Agreement shall be brought in the state or federal courts of Douglas County, Nebraska, and you hereby consent to (and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to) jurisdiction and venue in the state and federal courts of Douglas County, Nebraska. You agree to waive the right to trial by jury in any action or proceeding that takes place relating to or arising out of this Agreement.
Mailing Address:
MERG Media, LLC. dba WebProSecrets
17330 W Center Rd., Suite 110-192
Omaha, NE 68130
