TERMS OF USE AND SERVICE
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SuccessandWealthUniversity.com and FrankBolella.com
REQUIRES
CONSIDERATION FOR AND AS A CONDITION OF ALLOWING YOU ACCESS this
website.
READING AND ACCEPTING THE TERMS OF USE AND READING AND ACCEPTING THE
PROVISIONS OF THE PRIVACY POLICY OF THIS WEBSITE ARE REQUIRED
CONSIDERATIONS FOR THE WEBSITE GRANTING YOU THE RIGHT TO VISIT,
READ OR INTERACT WITH IT.
ALL PERSONS ARE DENIED ACCESS TO THIS SITE UNLESS THEY READ AND
ACCEPT THE TERMS OF USE AND THE PRIVACY POLICY.
BY VIEWING, VISITING, USING, OR INTERACTING WITH THIS WEBSITE
OR WITH ANY BANNER, POP-UP, OR ADVERTISING THAT APPEARS ON IT, YOU
ARE AGREEING TO ALL THE PROVISIONS OF THIS TERMS OF USE POLICY
AND THE PRIVACY POLICY OF THIS WEBSITE.
THIS WEBSITE SPECIFICALLY DENIES ACCESS TO ANY INDIVIDUAL THAT IS
COVERED BY THE CHILD ONLINE PRIVACY ACT (COPA) OF 1998.
THIS WEBSITE RESERVES THE RIGHT TO DENY ACCESS TO ANY PERSON OR
VIEWER FOR ANY REASON. UNDER THE TERMS OF THE PRIVACY POLICY, WHICH
YOU ACCEPT AS A CONDITION FOR VIEWING, THE WEBSITE IS
ALLOWED TO COLLECT AND STORE DATA AND INFORMATION FOR THE
PURPOSE OF EXCLUSION AND FOR MANY OTHER USES.
THE TERMS OF USE AGREEMENT MAY CHANGE FROM TIME TO TIME. VISITORS
HAVE AN AFFIRMATIVE DUTY, AS PART OF THE CONSIDERATION FOR PERMISSION
TO VIEW THIS WEBSITE, TO KEEP THEMSELVES INFORMED OF
CHANGES.
PARTIES TO THE TERMS OF USE AGREEMENT
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.
Third-Party Information
You represent and warrant that you have provided notice to, and obtained consent
from, any third party individuals whose personal
data you supply to the website as part of the website services with regard to:
(i) the purposes for which such third party's personal
data has been collected;
(ii) the intended recipients or categories of recipients of the third party's
personal data;
(iii) which parts of the third party's data are obligatory and which parts, if
any, are voluntary; and (iv) how the third party can access and, if necessary,
rectify the third party's personal data. You further agree to provide such
notice and obtain such consent with regard to any third party personal data you
supply to the website in the future. The website and is not responsible for any
consequences resulting from your failure to provide notice or receive consent
from such individuals or for your providing outdated, incomplete or inaccurate
information.
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.
Fees & Payment
As consideration for the services you have selected, you agree to pay the
website the applicable service (s) fees set forth on our
website at the time of your selection. You agree to keep your credit card
information accurate and current with the website at all
times. All fees are due immediately upon registration and are nonrefundable
(except for the first 30 days). The website may take
all remedies available to collect fees owed and may recover from you all costs
and expenses (including reasonable
attorney fees) incurred by the website to collect such fees.
In the event of non-payment, reversal of payment, or a charge back by a credit
card company or other payment provider, in addition to
any other remedies the website may have, we may, in our sole discretion, suspend
or terminate your account.
Term of Service
Unless otherwise specified, each website service, is for the selected term and
will renew automatically thereafter for successive equivalent terms unless
either party elects to terminate such service (which you can do at any time by
logging
into your website account and indicating your election to terminate such
service). Any renewal of your services with us
is subject to our then current terms and conditions and payment of all
applicable service fees at the time of renewal.
LIMITATION OF LIABILITY
By viewing, using, or interacting in any manner with this site, including
banners, advertising, pop-ups, or 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.
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.
Notices and Announcements
You authorize us to notify you as our customer of information that we deem is of
potential interest to you. Notices and
announcements may include commercial e-mails and other notices describing
changes, upgrades, new products and services
or other information pertaining to services and/or other relevant matters.
DISCLAIMER FOR CONTENTS OF SITE
The website disclaims any responsibility for the accuracy of the content of this
website. Visitors assume all the 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.
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.
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.
SUBMISSIONS
Visitor agrees as a condition of viewing, that any communication between Visitor
and Website is deemed a submission. All
submissions, including portions thereof, graphics contained thereon, or any of
the content of the submission, shall become
the exclusive property of the Website and may be used, without further
permission, for commercial use without additional
consideration of any kind. Visitor agrees to only communicate that information
to the Website, which it wishes to
forever allow the Website to use in any manner as it sees fit. "Submissions" is
also a provision of the Privacy Policy.
NOTICE
No additional notice of any kind for any reason is due Visitor and Visitor
expressly warrants an understanding that the right to
notice is waived as a condition for permission to view or interact with the
website.
DISPUTES
As part of the consideration that the Website requires for viewing, using or
interacting with this website, Visitor
agrees 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.
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
Seller.
In no case shall the viewer, visitor, member, subscriber or customer have the
right to go to court or have a jury trial. Viewer,
visitor, member, subscriber or customer 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 be final and
binding with limited rights of appeal.
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, and travel
expenses.
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.
SuccessandWealthUniversity.com and FrankBolella.com,
P.O. Box 211
Demarest, NJ 07627.
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.
CONTACT INFORMATION
Membership @ FrankBolella.com
FrankBolella.com
P.O. Box 211
Demarest, NJ 07627
Ph: 1-201-768-6033
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