Terms of Use
THIS IS IMPORTANT -- PLEASE
READ
THIS WEBSITE REQUIRES CONSIDERATION FOR
AND AS A CONDITION OF ALLOWING YOU ACCESS.
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.
ALL PERSONS UNDER THE AGE OF 18 ARE DENIED
ACCESS TO THIS WEBSITE. IF YOU ARE UNDER 18 YEARS OF AGE,
IT IS UNLAWFUL FOR YOU TO VISIT, READ, OR INTERACT WITH THIS
WEBSITE OR ITS CONTENTS IN ANY MANNER. 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.
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.
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.
DISCLAIMER FOR CONTENTS OF SITE
The website disclaims any responsibility
for the accuracy of the content of this website. Visitors
assume the all 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.
LIMITATION OF LIABILITY
By viewing, using, or interacting in any
manner with this site, including banners, advertising, or
pop-ups, 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.
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, 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: HOUSTON, TEXAS. 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
Abby Kamadia
doing business as www.2percentback.com
12322 Ashford Green
Sugarland, TX 77478
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