| Disclaimer & Hold Harmless Agreement |
The Raising Quail Made Easy Web Site (the "Site"), e-Book (the "Electronic Book") and Program (the "Program") is an online information service provided by RaisingQuailMadeEasy.com ("www.RaisingQuailMadeEasy.com"), subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE, E-BOOK OR PROGRAM. BY ACCESSING OR USING THE SITE, E-BOOK OR PROGRAM, 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 SITE, E-BOOK OR PROGRAM. RaisingQuailMadeEasy.com MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE, BOOK OR PROGRAM SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.No warranty is expressed or implied concerning the suitability of the Technology or related information. The Technology is purely experimental; therefore no specific results can be guaranteed for any purpose or application. Use of the Technology, as well as related devices or information, is at the Informational Product Customer's own risk. The Technology is not intended for use in violation of State or Federal regulations. Compliance with any State or Federal regulations, where applicable, is the responsibility of the Informational Product Customer. RaisingQuailMadeEasy.com and its employees, executives, distributors and affiliates shall not be held responsible for how the Informational Product Customer uses the Technology, related knowledge or any device thereof. The Technology and related knowledge are Public Domain and are provided to the Informational Product Customer as a service to save him time and money. The Informational Product Customer hereby acknowledges the following: 1. There is no warranty that the Technology is merchantable or that it is fit for a particular purpose or area. 2. In no event shall the Publisher, or Publisher's heirs and assigns, be liable for consequential damages, nor shall Publisher's liability on any claim for damages arising out of or connected with the sale, delivery, or use of the Technology exceed the purchase price of the informational products. 3. The Informational Product Customer will not use the Technology in violation of any local, state, or federal law. 4. The original Informational Product Customer, successors and assigns, agrees to hold the Publisher harmless from and will indemnify Publisher from damages caused by the use of the Technology. 5. The Publisher assumes no liability for any incidental, consequential or other liability from the use of the Technology. All risks and damages, incidental or otherwise, arising from the use or misuse of the Technology are entirely the responsibility of the Informational Product Customer. Although careful precaution has been taken in the preparation of information, products and/or supplies. 6. Since the knowledge provided with the Technology, as well as on the Publisher's web site, are provided AS-IS, there is no warranty for the Technology, to the extent permitted by applicable law. Except when otherwise stated in writing the copyright holders and/or other parties provide the Technology and the intellectual property AS-IS without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. The entire risk as to the quality and performance of the Technology is with the Informational Product Customer. Should the Technology or any related device prove defective or ineffective in any way, the Informational Product Customer will assume the cost of all necessary servicing, repair or correction. 7. In no event unless required by applicable law or agreed to in writing will any copyright holder, or any other party who may modify and/or redistribute the Technology, be liable to the Informational Product Customer for damages, including any general, special, incidental or consequential damages arising out of the use or inability to use the technology, including but not limited to loss or personal injury or losses sustained by the user or third parties or a failure of the technology to operate, even if such holder or other party has been advised of the possibility of such damages. 8. The Informational Product Customer agrees that the conditions above apply equally to all current, past, and future purchases including free downloads or deliveries of any kind. 9. This disclaimer applies to any damages or injury caused by any failure or performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, act of God, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, negligence, or under any other cause of action. 10. The Informational Product Customer is charged with the responsibility of experimenting, installing, properly using and maintaining the workability of the Technology. 11. TECH SUPPORT: The information provided by the Publisher is a do-it-yourself technology and should be applied by the Informational Product Customer, with or without local assistance. It is the responsibility of the Informational Product Customer to obtain technical assistance locally. The Publisher will attempt to provide effective email support for any Informational Product Customer or mechanic who asks for technical advice. TECH SUPPORT (WHEN AVAILABLE) IS GIVEN BY THE PUBLISHER AS A FREE SERVICE. Such service is provided AS-IS without warranty of any kind. No commitment is either expressed or implied that Tech Support will be available for any period or length of time, or that it will be helpful in solving any and all technical problems. 12. LANGUAGE SUPPORT: Tech Support is available in English only! Additionally, the Publisher supports only the English version of any Informational Product. Translations, when available, are performed by a robot and are given away by the Publisher as a free service of goodwill. The Publisher does not control or monitor translations quality. It is the responsibility of the Informational Product Customer to clarify any question arising from imperfect translation. 13. The Publisher retains the right and the choice to refuse service and/or support to any Informational Product Customer, visitor, affiliate, vendor, manufacturer or mechanic, regardless of their payment or refund. 14. The Publisher retains the freedom to change and improve the Technology and its delivery method(s) at any given time. This technological field is constantly evolving, therefore CHANGES SHOULD BE EXPECTED for the good of all. 15. The Informational Product Customer may NOT transfer or allow usage of his/her access information AND/OR informational product(s) to others, either for the purpose of discounted purchases or for retrieval of information. This includes but is not limited to posting links to the informational products on any website, discussion board, blog, chat, email, letter, flyer, public bulletin board, publication, etc. 16. Being an Informational Product Customer of RaisingQuailMadeEasy is an honorary status, providing the Informational Product Customer with rare access to the Technology in order to explore its boundaries and possibilities, and exchange his/her findings with other users of the Technology and the general public. It is permissible and agreeable to generate extra income selling the Technology to others or to voluntarily help others use the Technology. However, NO PART of the Technology, related written materials or information may be promoted or distributed in order to ridicule the Technology or to lower its public image or usability in any way, and such behavior would result in immediate exclusion from access and participation, as well as possible legal action submitted against the offender. The Informational Product Customer, the Affiliate and the Vendor are all charged with the responsibility of honorably representing the Technology, its users, and the Publisher. 17. No SPAM or any illegal or otherwise objectionable way to promote RaisingQuailMadeEasy, or its Informational Products, is permitted under any circumstances or geographical/Internet zone. 18. Full satisfaction is guaranteed. If you are not 100% satisfied with your purchase, follow the instructions given to you at the time of ordering, and you will be refunded your full purchase price. Proof of purchase is required for all refunds. Refunds for informational products are available ONLY via their respective Vendors, and only in accordance with their rules and limitations (such as time limit for refund request); the Publisher itself will never process refund requests. No refunds shall be given on any and all orders made directly to the Publisher with checks, Money Orders or Bank Wire Transfers. 19. COMMUNICATION. The Informational Product Customer must provide the Publisher with a working email address by which contact can be made, for the purpose of delivery of access passwords, informational products, news and important updates. The Publisher retains the right to communicate back to any Informational Product Customer and/or Visitor who has submitted a request for information. The Informational Product Customer may request at any given time to be removed from further mailings. 20. PRIVACY will be strictly kept and the name, email, address and phone number of the Informational Product Customer will never be given to a third party other than in the case of mandatory cooperation with law enforcement agencies. 21. THE PUBLISHER EXPRESSLY WISHES TO HAVE ONLY SATISFIED CUSTOMERS AND AFFILIATIONS. IF FOR ANY REASON YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OFFERED ABOVE, OR IF YOU HAVE DOUBTS OR RESERVATIONS REGARDING THE VALIDITY OF THE TECHNOLOGY, OR IF YOU ARE NOT WILLING TO TAKE THE RISKS AND RESPONSIBILITIES OF BEING AN EXPERIMENTER, DO NOT USE THIS TECHNOLOGY, WEB SITE OR INFORMATIONAL PRODUCT(S). 22. No "hard sell" is permitted by any Affiliate or Vendor, and no bogus claims may be made regarding the Technology or the results expected from its usage. 23. INDEPENDENCE OF AFFILIATES: If you choose to become an Affiliate of the Publisher in order to promote the Informational Products to potential customers, note that you are NOT working for, nor shall you be employed by, the Publisher or any of the Vendors associated with the Publisher or the Technology. You will only be paid sales commissions by the respective Vendor of the Informational Product(s), such as ClickBank. 24. The headings of the terms and conditions contained herein are inserted for convenience or reference only and are not intended to be part of or to affect the meaning or interpretation of any of the terms and conditions of this agreement. 25. Copyright, Licenses and Idea Submissions. The entire contents of the Site, e-Book and Program are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are RaisingQuailMadeEasy.com, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site, e-Book or Program solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to RaisingQuailMadeEasy.com a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to RaisingQuailMadeEasy.com by all means and in any media now known or hereafter developed. You also grant to RaisingQuailMadeEasy.com the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against RaisingQuailMadeEasy.com for any alleged or actual infringement or misappropriation of any proprietary right in your communications to RaisingQuailMadeEasy.com. TRADEMARKS.
Publications, products, content or services referenced herein or on the Site, e-Book or Program are the exclusive trademarks or servicemarks of RaisingQuailMadeEasy.com. Other product and company names mentioned in the Site may be the trademarks of their respective owners. 26. Use of the Site. You understand that, except for information, products or services clearly identified as being supplied by RaisingQuailMadeEasy.com, RaisingQuailMadeEasy.com does not operate, control or endorse any information, products or services on the Internet in any way. Except for RaisingQuailMadeEasy.com- identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with RaisingQuailMadeEasy.com a. You also understand that RaisingQuailMadeEasy.com cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. 27. Indemnification. You agree to indemnify, defend and hold harmless RaisingQuailMadeEasy.com, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service. 28. Third Party Rights. The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of RaisingQuailMadeEasy.com and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf. 29.Term; Termination. This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement. 30.No Warranty. Best efforts have been used to prepare the material presented on this Site, E-Book and Program. RaisingQuailMadeEasy.com and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the service however do not warrant the results for the effectiveness of this information containted on this Site, E-Book and Program. Results vary due to individual efforts and factors. RaisingQuailMadeEasy.com may not be held liable, in any circumstance, for damages or loss, including but not limited to special or incidental cases. 31.Refund Policy. RaisingQuailMadeEasy.com uses ClickBank as its payment processor, therefore all transactions are backed up by the official return policy of ClickBank as the following. ClickBank will, at its discretion, allow for the return or replacement of any defective product within 60 days from the date of purchase. For recurring billing products, returns for more than one payment may be provided if requested within the standard 60 day return period. After 60 days all sales are final. 32.Miscellaneous. This Agreement shall all be governed and construed in accordance with the laws of Malta applicable to agreements made and to be performed in Malta. You agree that any legal action or proceeding between RaisingQuailMadeEasy.com and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Malta . Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. RaisingQuailMadeEasy.com's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. RaisingQuailMadeEasy.com may assign its rights and duties under this Agreement to any party at any time without notice to you. Any rights not expressly granted herein are reserved. |
