CharlesNgo.com and LeadGenEngine.Net Terms and Conditions of Use
Last Update: April 25, 2019
IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS OF USE BEFORE ACCESSING, USING, OR SUBSCRIBING OVER WWW.CHARLESNGO.COM OR WWW.LEADGENENGINE.NET. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES (see Sections 6 – 8).
The use of www.avadastaging.wpengine.com and www.leadgenengine.net (hereafter “Websites”) is governed by the terms and conditions set forth below. We offer the Websites, including all information, tools, and services to you, the user, conditioned upon your acceptance of all terms and conditions stated here. By accessing, using, or subscribing over the Websites, you agree to the terms set forth herein. If you do not agree to these terms and conditions in their entirety, you are not authorized to use the Websites.
THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 9.
We reserve the right to update and change, from time to time, these Terms and all documents incorporated by reference by posting updates and/or changes to our Websites. It is your responsibility to check this page periodically for changes. You can find the most recent version of these Terms at www.avadastaging.wpengine.com. Use of either Website after such changes constitutes acceptance of such changes.
Table of Contents:
- Website Use
- Website User Conduct and Restrictions
- Services and Content Available From Us
- Testimonials and Reviews
- DISCLAIMER OF OTHER WARRANTIES
- LIMITATIONS OF LIABILITIES
- DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
- Our Additional Remedies
- Notice and Takedown Procedures; Copyright Agent
- Third-Party Links
- No Waiver
- Governing Law and Venue
- Force Majeure
- Electronic Signature
- Changes to the Agreement
- Your Additional Representations and Warranties
- Entire Agreement
- Contacting Us
SECTION 1 – WEBSITE USE
The Websites are intended for adults only. In order to use the Websites and/or subscribe, you must be 18 years of age or the legal age of majority in your state or province of primary residence, whichever is greater, and also have the legal capacity to enter into a contract with us. The Websites are not intended for children and no person under the age of 18 may use the Websites. If you use the Websites, you are affirming that you are at least 18 years old or the legal age of majority in your state or province of residence (whichever is greater), have the legal capacity to enter into a binding contract with us, and have read this Agreement and understand and agree to its terms.
SECTION 2 – WEBSITE USER CONDUCT AND RESTRICTIONS
All aspects of our Websites are protected by U.S. and international copyright, trademark, and other intellectual property laws, including all content, information, educational materials, design elements, text material, logos, taglines, metatags, hashtags, photographic images, video and audio clips, and downloads. No material on or provided through the Websites may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any way whatsoever. The trademarks and logos on the Websites, and all derivations of same, are proprietary marks of us, and the use of those marks is strictly prohibited. Nothing herein gives you the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by us.
Subject to your continued strict compliance with all Terms, we provide to you a revocable, limited, non-exclusive, royalty-free, non-sublicenseable, non-transferrable license to use the Websites. You acknowledge and agree that you do not acquire any ownership rights in any material protected by intellectual property laws.
You agree not to use or attempt to use the Websites in any unlawful manner. You further agree not to commit any unlawful act or attempt to commit any unlawful act on or through the Websites including, but not limited to: (1) hacking and other digital or physical attacks on the Websites; (2) publishing vulgar, obscene, or defamatory material; or (3) any other unlawful act.
SECTION 4 – SERVICES AND CONTENT AVAILABLE FROM US
We reserve the right, without notice, to discontinue services, content, or the Websites, or modify services, content or the Websites without incurring any obligation to you.
SECTION 5 – TESTIMONIALS AND REVIEWS
We are pleased to hear from our blog subscribers and welcome your comments regarding our services and content. We may use testimonials and/or reviews in whole or in part together with the name, city, and state of the person submitting it. Testimonials may be used for any form of activity relating to our services, content, or educational material, in printed and online media, as we determine in our sole and exclusive discretion. Testimonials represent the unique experience of the participants and subscribers submitting the testimonial, and do not necessarily reflect the experience that you may have using our services or content. Your results will vary depending upon a variety of factors unique to you, your business, and market forces beyond our control.
Anything that you submit or post to the Websites and/or provide us, including without limitation, photographs, testimonials, ideas, know-how, techniques, questions, reviews, comments, and suggestions is and will be treated as non-confidential and nonproprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative works from such submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such submissions.
Additionally, we reserve the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use. We shall be under no obligation to use any, or any part of, any testimonial or review submitted.
SECTION 6 – DISCLAIMER
After reviewing our content and educational materials that are offered on or through the Websites or your free subscription – your net impression should be clear: we offer affiliate marketer education. The services and our content and educational materials provide information regarding techniques and strategies which have been successful for others. However, we do not guarantee your success and based upon many market factors that we cannot control, techniques and strategies that are provided in our content and educational materials may or may not be applicable to your specific circumstances or affiliate marketing business. Further, we do not make earnings claims, efforts claims, return on investment claims, or claims that our techniques, strategies, or information will make you any specific amount of money, and it is possible that you will not earn any money. We do not sell a business opportunity, “get rich quick” program, guaranteed system, franchise system, or a business in a box. You should not review or subscribe to our content or educational materials if that is your expectation. Instead, you should review and subscribe with the understanding that implementing the techniques and strategies that are discussed in our content and educational materials will take time and effort and may be applicable in some situations but not others. Also, we do not offer any tax, accounting, financial, or legal advice. You should consult your own accountant, attorney, or financial advisor for advice on these topics, as well as before you implement any of the techniques and strategies that are discussed in our content and educational materials.
SECTION 7 – DISCLAIMER OF OTHER WARRANTIES
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW:
THE WEBSITES AND ALL CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, AND/OR COMPLETENESS OF ANY INFORMATION ON THE WEBSITES OR OTHERWISE PROVIDED BY US TO YOU. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) THE USE OF THE WEBSITES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE WEBSITES, SERVICES OR CONTENT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE WEBSITES OR OTHERWISE PROVIDED BY US WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE WEBSITES WILL BE CORRECTED, OR (F) THE WEBSITES OR THE SERVER(S) THAT MAKE THE WEBSITES AVAILABLE, OR INFORMATION OBTAINED BY YOU FROM US, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
SECTION 8 – LIMITATIONS OF LIABILITIES
IN NO EVENT SHALL OUR LIABILITY TO YOU EXCEED ONE THOUSAND DOLLARS ($1,000.00).
SECTION 9 – DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THESE TERMS AS A COURT WOULD.
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s Rules. In all other respects, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.
The arbitrator shall follow the substantive law of the State of Florida without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
You and we agree that disputes will only be arbitrated on an individual basis and shall not be consolidated, on a class wide, representative basis, or with any other arbitration(s) or other proceedings that involve any claim or controversy of any other party. You and we expressly waive any right to pursue any class or other representative action against each other. Failure or any delay in enforcing this arbitration provision in connection with any particular claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other claims except that all claims must be brought within 1 year after the claim arises (the 1 year period includes the 120-day informal resolution procedures described above).
This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended.
This provision survives termination of your relationship with us, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.
YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION IN ACCORDANCE WITH THIS ARBITRATION PROVISION.
SECTION 10 – OUR ADDITIONAL REMEDIES
In order to prevent or limit irreparable injury to us, in the event of any breach or threatened breach by you of the provisions of this Agreement or any infringement or threatened infringement by you of the intellectual property of us or a third-party, we shall be entitled to seek a temporary restraining order and preliminary and permanent injunctions or other equitable relief from a court of competent jurisdiction located in Miami, Florida restraining such breach, threatened breach, infringement, or threatened infringement. Nothing in this Agreement shall be construed as prohibiting us from pursuing in court any other remedies available to us for such breach, threatened breach, infringement, or threatened infringement, including the recovery of monetary damages from you. You hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, the courts of Miami, Florida for all such claims, and forever waive any challenge to said courts’ exclusive jurisdiction or venue.
SECTION 11 – INDEMNIFICATION
To the fullest extent permitted by law, you agree to defend, indemnify, and hold us harmless, as well as our directors, officers, employees, shareholders, licensors, independent contractors, subcontractors, suppliers, affiliates, parent companies, subsidiaries, and agents from and against any and all claims, actions, loss, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to attorneys’ fees and costs of any litigation or other dispute resolution, arising out of, resulting from, or in any way connected with or related to (1) your use, misuse, or attempt to use the Websites, (2) information you submit or transmit through the Websites, (3) your breach of these Terms, the documents they incorporate by reference, the Agreement, or the representations and warranties provided by you in this Agreement, or (4) your violation of any law or the rights of a third-party.
SECTION 12 – NOTICE AND TAKEDOWN PROCEDURES; COPYRIGHT AGENT
If you believe that materials or content available on the Websites infringes any copyright you own, you or your agent may send a notice requesting that we remove the materials or content from the Websites. If you believe that someone has wrongly filed a notice of copyright infringement against you, you may send us a counter-notice. Notices and counter-notices should be sent to 199 E. Flagler St., #398, Miami, FL 33131 and email@example.com.
SECTION 13 – THIRD-PARTY LINKS
SECTION 14 – TERMINATION
This Agreement will take effect (or shall re-take effect) at the time you click “FREE INSTANT ACCESS,” “YES I WANT ACCESS” or similar links or buttons, otherwise submit information through either Website, respond to a request for information, or begin installing, accessing, or using either Website, whichever is earliest. If, in our sole discretion, you fail, or we suspect that you have failed, to comply with any term or provision of the Agreement, we may terminate the Agreement or suspend your access to the Websites at any time without notice to you. Sections 6 through 11, 13, 15 through 18, and 20 through 22 of this Agreement, as well as any representations, warranties, and other obligations made or undertaken by you, shall survive the termination of this Agreement and/or your account or relationship with us.
SECTION 15 – NO WAIVER
No failure or delay on the part of us in exercising any right, power, or remedy under this Agreement may operate as a waiver, nor may any single or partial exercise of any such right, power, or remedy preclude any other or further exercise of such right, power, or remedy, or the exercise of any other rights, powers, or remedies under this Agreement. A waiver of any right or obligation under this Agreement shall only be effective if in writing and signed by us.
SECTION 16 – GOVERNING LAW AND VENUE
SECTION 17 – FORCE MAJEURE
We will not be responsible to you for any delay, damage, or failure caused or occasioned by any act of nature or other causes beyond our reasonable control.
SECTION 18 – ELECTRONIC SIGNATURE
All information communicated on the Websites is considered an electronic communication. When you communicate with us through or on the Websites or via other forms of electronic media, such as e-mail, you are communicating with the company electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
SECTION 19 – CHANGES TO THE AGREEMENT
SECTION 20 – YOUR ADDITIONAL REPRESENTATIONS AND WARRANTIES
You hereby further represent and warrant: (1) that you are at least eighteen (18) years of age, or the legal age of majority in your jurisdiction, whichever is greater; (2) that you have read this Agreement and thoroughly understand and agree to the terms contained in this Agreement; and (3) that you will not re-sell, re-distribute, or export any service, content or educational material provided by us, on the Website or otherwise. You further represent that we have the right to rely upon all information provided to us by you, and we may contact you by email, telephone or postal mail for any purpose, including but not limited to follow-up calls and satisfaction surveys.
SECTION 21 – SEVERABILITY
If any provision of this Agreement is found by the arbitrator or (if proper) a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby and shall continue in full force and effect and such provision may be modified or severed from this Agreement to the extent necessary to make such provision enforceable and consistent with the remainder of the Agreement.
SECTION 22 – ENTIRE AGREEMENT
These Terms, the Agreement, and any policies or operating rules posted by us on the Websites or in respect to the Websites constitutes the entire agreement and understanding between you and us and governs your access to and use of the Websites and your use and/or attempted use of any service, content, or educational materials, and supersedes and replaces any prior or contemporaneous agreements, representations, communications, and proposals, whether oral or written, between you and us. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.
SECTION 23 – CONTACTING US
We encourage you to contact us with questions or comments about our Websites and content. Please feel free to do so by sending an e-mail to firstname.lastname@example.org.