Effective June 24th , 2012
following Agreement terms and conditions govern the access to your
access and usage of the services (the "Online Services") and the
materials available therein ("Materials").
Please read this
Agreement carefully before accessing or using the Online Services and
the Materials. By accessing or using the Online Services and Materials,
you agree to be bound by the terms and conditions set forth below. If
you do not wish to be bound by these terms and conditions, you may not
access or use the Online Services and Materials. If you don't have the
legal authority to bind, please press the "I do not accept" button
below. If you utilize the Online Services in a manner
inconsistent with these terms and conditions, the Company may terminate
your access, block your future access and/or seek such additional
relief as the circumstances of your misuse indicate is proper. The
Company may modify this Agreement at any time, and such modifications
shall be effective immediately upon posting of the modified Agreement.
You agree to review the Agreement periodically to be aware of such
modifications and your continued access or use of the Online Services
and Materials shall be deemed your conclusive acceptance of the
1. AUTHORIZED COMMUNICATIONS; INFORMATION YOU PROVIDE TO THE COMPANY
By utilizing the Online Services or Materials, you acknowledge that you
have agreed to receive electronic mail, telephone calls, postal mail,
and other communications from the Company, its agents, affiliates,
independent contractors, successors, and assigns. You agree that the
Company may contact you with regard to these Terms and Conditions, the
Online Services and Materials, opportunities in which you may be
interested, and other related purposes.
1.2 When using the
Online Services or Materials, you may be prompted to disclose certain
information about yourself (“Personal Information”). Your use of the
Online Services or Materials indicates your express consent for the
Company to use and disclose your Personal Information in accordance
2. LICENSE; RESTRICTIONS ON USE
Except for distributions in compliance with these Terms and Conditions,
you may not distribute any Materials, Online Services, or software
associated with or derived from it, modify, copy, license, or create
derivative works from the same, unless you obtain Company’s express
written permission in advance.
2.2 You are granted a
nonexclusive, nontransferable, limited license to access and use the
Online Services and Materials from time to time made available to you.
This license includes:
(a) The right to display Materials to no more than one person at a time;
The right to obtain a printout of any online Materials via printing
commands of the Online Services and to create a single printout of the
online Materials downloaded via downloading commands of the Online
Services (collectively, "Authorized Printouts");
2.3 Except as
specifically provided herein, you are prohibited from downloading,
storing, reproducing, transmitting, displaying, copying, distributing,
or using Materials. You may not print or download any online Materials
without using the printing or downloading commands of the Online
2.4 All right, title, and interest (including all
copyrights and other intellectual property rights) in the Online
Services and Materials (in both print and machine-readable forms)
belong to the Covered Party. You acquire no proprietary interest in the
Online Services, Materials, or copies thereof.
2.5 Except as
specifically provided herein, you may not use the Online Services or
Materials in any fashion that infringes the copyrights or proprietary
2.6 You may not remove or obscure the copyright notice or other notices contained in Materials.
3. ACCESS TO SERVICES
3.1 Only subscribers of the Materials may access and use the Online Services.
3.2 You may not use an identification number to access the Online Services from outside the country for which it was issued.
3.3 You may be restricted from accessing certain Materials otherwise available in the Online Services.
Materials and features may be added to or withdrawn from the Online
Services and the Online Services otherwise changed without notice.
4. COMPANY REPRESENTATIONS; LIMITED WARRANTY
The Company represents and warrants that it has the right and authority
to make the Online Services and Materials available pursuant to these
Terms and Conditions.
4.2 The Company represents and warrants
that it shall take all necessary steps to comply with the CAN SPAM Act
of 2003 (as the same is amended from time to time) and any and all
other applicable laws with respect to advertising and marketing.
The Company and its affiliates, officers, directors, employees,
subcontractors, agents, successors, or assigns, make no representations
or warranty, express or implied, as to the accuracy, earnings claims,
content, and advertising materials on its web sites or in the
Materials. In the event that any advertisement is inaccurate, your sole
remedy is for the Company to remedy such inaccuracy within fifteen (15)
working days of it being notified of the inaccuracy. You understand and
agree that the online content and advertising copy therein solely
represents hypothetical examples and does not in any way guaranty
income, revenue, or performance of the Online Services and Materials
and does not in any way represent explicit or implicit earnings claims
for the user.
4.4 The content, claims, and representations of
independent third-party testimonials from users of the Online Services
and Materials is not subject to Company’s prior approval and no
representation or warranty is given by the Company to the accuracy of
such testimonials. The Company does not undertake to review the
contents of any testimonials and any such review of, and approval by,
the Company shall not be deemed to constitute an acceptance by the
Company that such testimonial is provided in accordance with the terms
of the Agreement, nor shall it constitute a waiver of the its rights
hereunder. You understand and agree that the online content, claims,
and representations of such third party testimonials does not in any
way guaranty income, revenue, or performance of the Online Services and
Materials and does not in any way represent explicit or implicit
earnings claims by the Company for the user.
4.5 EXCEPT AS
OTHERWISE PROVIDED IN THIS SECTION 4, THE ONLINE SERVICES AND MATERIALS
ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS AND THE PROVIDER OF
THE ONLINE SERVICES AND EACH THIRD PARTY SUPPLIER OF MATERIALS
EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS,
IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
5. CUSTOMER’S REPRESENTATIONS AND WARRANTIES
Any buyer, customer, end user, consumer or any other party that
utilizes the Online Services or Materials in any way (the “Customer”)
represents and warrants that Customer will not utilize the Online
Services or Materials in such a fashion that will violate any law,
statute, ordinance, or regulation, including, without limitation, false
or deceptive advertising laws or the CAN SPAM Act of 2003 (as the same
is amended from time to time).
5.2 Customer represents and
warrants that Customer will not utilize the Online Services or
Materials to infringe on any third party’s copyright, patent,
trademark, trade secret, or other proprietary rights.
Customer represents and warrants that Customer will not utilize the
Online Services or Materials to display any material that may be
considered defamatory, libelous, pornographic, obscene, or contain any
viruss, Trojan horses, worms, or other harmful programs.
Customer represents and warrants that Customer is authorized to use the
credit card, debit card, or any other payment means which Customer is
using to pay for and acquire the Online Services or Materials.
6. LIMITATION OF LIABILITY
A Covered Party (as defined below) shall not be liable for any loss,
injury, claim, liability, or damage of any kind resulting in any way
from (a) any errors in or omissions from the Online Services or any
Materials available or not included therein, (b) the unavailability or
interruption of the Online Services or any features thereof or any
Materials, (c) your use of the Online Services or Materials (regardless
of whether you received any assistance from a Covered Party in using
the Online Services), (d) your use of any equipment in connection with
the Online Services, (e) the content of Materials, or (f) any delay or
failure in performance beyond the reasonable control of a Covered
6.2 "Covered Party" means StayHomeProfits its
affiliates, and any officer, director, employee, subcontractor, agent,
successor, or assign of StayHomeProfits or its affiliates.
6.3 “The Company” means StayHomeProfits
THE AGGREGATE LIABILITY OF THE COVERED PARTIES IN CONNECTION WITH ANY
OTHER CLAIM ARISING OUT OF OR RELATING TO THE ONLINE SERVICES OR
MATERIALS SHALL NOT EXCEED THE AMOUNT OF YOUR ACTUAL DIRECT DAMAGES.
YOUR RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL
OTHER REMEDIES WHICH YOU MAY HAVE AGAINST ANY COVERED PARTY.
THE COVERED PARTIES SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM,
OR ARISING IN CONNECTION WITH THE ONLINE SERVICES, MATERIALS, OR THE
FAILURE OF ANY COVERED PARTY TO PERFORM ITS OBLIGATIONS, REGARDLESS OF
ANY NEGLIGENCE OF ANY COVERED PARTY. SUCH LIMITATION SHALL APPLY
NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY
AND TO THE FULLEST EXTENT PERMITTED BY LAW.
The Company reserves the right to modify these Terms and Conditions
from time to time in its sole discretion, without notice or liability
to you. You agree to be bound by these Terms and Conditions, as
modified. Please review the most current version of the Terms and
Conditions from time to time, so that you will be apprised of any
changes. Your continued use of the Online Services or Materials after
any such change shall constitute your express consent to be bound by
9.2 Charges and payment terms may be changed in
accordance with the applicable price schedule; all other provisions may
be changed by the Company immediately. Your access to the Online
Services may be terminated immediately upon notice to the provider of
the Online Services if any change is unacceptable. Continued use of the
Online Services following any change constitutes acceptance of the
9.3 The Company may terminate your access to the
Online Services. The effective date of termination shall be ten (10)
days after the receipt of an appropriate notice of termination, unless
a later date is specified in the notice. The Company may suspend or
discontinue providing the Online Services to you without notice and
pursue any other remedy legally available to it if you fail to comply
with any of your obligations hereunder.
9.4 Except as
otherwise provided herein, all notices and other communications
hereunder shall be in writing or displayed electronically in the Online
Services by the Company. Notices shall be deemed to have been properly
given on the date deposited in the U.S. mail, if mailed; on the date
first made available, if displayed in the Online Services; or on the
date received, if delivered in any other manner. Notices to the Company
should be sent to: StayHomeProfits 412 N Main Street #100 Buffalo WY 82834-1733
9.5 The failure of the Company or any third
party supplier of Materials to enforce any provision hereof shall not
constitute or be construed as a waiver of such provision or of the
right to enforce it at a later time.
9.6 If any provision of
this Agreement is held to be invalid, illegal or unenforceable for any
reason, such invalidity, illegality or unenforceability shall not
affect any other provisions of this Agreement, and this Agreement shall
be construed as if such invalid, illegal or unenforceable provision had
not been contained herein.
9.7 You may not assign your rights
or delegate your duties under your access to the Online Services
without the prior written consent of the Company.
9.8 These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Wyoming.