Total Resale
Package Terms of Use
Terms of Use and Disclaimer
CAREFULLY READ THE FOLLOWING TERMS OF USE. YOU ACCEPT AND AGREE TO BE BOUND BY THESE
TERMS OF USE. IF YOU DO NOT AGREE TO THIS LICENSE, YOUR ORDER WILL
BE CANCELED, THE SOFTWARE WILL NOT BE DOWNLOADED AND YOU WILL NOT BE CHARGED.
"You" means the person or company who is being licensed
to use and/or sell the 'Total Resale' Package. "We," "us" and
"our" means Roy Tebbenham or FBnetSOFTWARE.com.
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You can sell the individual products
at prices determined by yourself or according to the wishes of the respective
authors/developers. Study each package for any restrictions that may apply. PLEASE NOTE,
however, that the suggested selling price for the 'Total Resale' Package as a whole
is $47 or more. To sell it below this price would reduce the perceived value of the
product and result in less sales for everyone.
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The 'Total Resale' Package should not
be sold as part of another package. It should be sold as a stand-alone product.
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The 'Total Resale' Package can not be
given away for free - even as a bonus with another product (irrespective of the price of
the other product).
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When you sell the 'Total Resale'
Package, you have the option of making your copy of this Master Ebook available for
download on your own server or you can simply point your customers to our server. However,
if you are selling products individually (or in groups outside of the 'Total Resale'
Package), you do not have the right to point your customers to the individual download
files on our servers.
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If you are re-using the sales page
for the 'Total Resale' Package, you must leave the copyright information at the bottom of
the page intact.
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You may write
your own sales letter if you wish. If you do, you may not in any way misrepresent the
'Total Resale' Package or its contents.
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We will
endeavor to continue adding new products to this package long into the future. Please
note, however, that it is unreasonable to expect that every new reseller product
will be added. You are free to request that a particular product be added, but we make no
guarantee that your request will be fulfilled.
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You can only use the 'Total Resale'
name, sales page and graphics when promoting the 'Total Resale' Package in its entirety.
You can not use the 'Total Resale' name, sales page or graphics to illustrate or promote
any other products or collection of products - even if those products originated in this
package.
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The 'Total
Resale' Package may not be sold or promoted on adult sites, sites that promote hatred or
sites with illegal content.
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You may not
use SPAM to promote the 'Total Resale' Package.
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We can not be
held responsible for the behavior of individuals or organizations who make false or
misleading claims or who break the law while selling, promoting or distributing the 'Total
Resale' Package.
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You are
obliged to offer a refund to any customer who requests it in accordance with your own
refunds policy.
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By owning,
distributing, promoting or selling this package you are not involved in any formal
relationship (employee, partner, etc.) with us. No implication of such a formal
relationship should be made.
You should
not make direct claims or offer guarantees in relation to what your visitors will earn
from the 'Total Resale' Package. You get back what you put in and, as such, to imply
certain
profits would be false and misleading.
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We
maintain the right to change or amend this agreement at any time and do not have to give
you prior notice or notification when such changes are made.
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The terms
in this agreement are in relation to the 'Total Resale' Package as a whole and are not in
relation to the individual products/ebooks contained within the package. Please refer to
the individual terms of those products for further information.
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We are not
responsible for the content of the various packages, programs and ebooks contained within
the 'Total Resale' Package. If you find fault with those products, please take it up
directly with the author.
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Every
effort has been made to ensure that the 'Total Resale' Package is accurate and up to date.
However, this package is sold 'as is'. We can not be held responsible for any consequences
of using, promoting, selling or distributing the package.
And now, the legal stuff...
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Limited Warranty
We warrant that for a period of 90 days
after delivery of this copy of the Software to you:
The media on which this copy of the
Software is provided to you will be free from defects in materials and
workmanship under normal use, and
The Software will perform in
substantial accordance with the Documentation.
To the extent permitted by applicable law,
THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS,
EXPRESS OR IMPLIED, AND WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES OR
CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, regardless of whether we
know or had reason to know of your particular needs. No employee, agent, dealer
or distributor of ours is authorized to modify this limited warranty, or to make
any additional warranties.
SOME STATES DO NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION MAY NOT APPLY TO YOU.
Limited Remedy
Our entire liability and your exclusive
remedy for breach of the foregoing warranty shall be to either:
Return the price you paid, or
Repair or replace the Software or media
that does not meet the foregoing warranty if it is returned to us with a
copy of your receipt.
IN NO EVENT WILL WE BE LIABLE TO YOU FOR
ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR
CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR THE INABILITY TO USE THE SOFTWARE
(EVEN IF WE OR AN AUTHORIZED DEALER OR DISTRIBUTOR HAS BEEN ADVISED OF THE
POSSIBILITY OF THESE DAMAGES), OR FOR ANY CLAIM BY ANY OTHER PARTY.
SOME STATES/COUNTRIES DO NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Term and Termination
This license agreement takes effect upon
your use of the software and remains effective until terminated. You may
terminate it at any time by destroying all copies of the Software and
Documentation in your possession. It will also automatically terminate if you
fail to comply with any term or condition of this license agreement. You agree
on termination of this license to destroy all copies of the Software and
Documentation in your possession.
Disputes
This license agreement shall be governed
by, construed and enforced in accordance with the laws of Plymouth UK
, as it is
applied to agreements entered into and to be performed entirely within such
jurisdiction.
To the extent you have in any manner
violated or threatened to violate FBnetSOFTWARE.com and/or its affiliates'
intellectual property rights, FBnetSOFTWARE.com and/or its affiliates may
seek injunctive or other appropriate relief in a court in Plymouth UK
, and you
consent to exclusive jurisdiction and venue in such a court.
Any other disputes will be resolved as
follows:
If a dispute arises under this agreement,
we agree to first try to resolve it with the help of a mutually agreed-upon
mediator in the following location: Plymouth UK. Any legal costs and fees
other than attorney fees associated with the mediation will be shared equally by
each of us.
If it proves impossible to arrive at a
mutually satisfactory solution through mediation, we agree to submit the dispute
to binding arbitration at the following location: Plymouth UK ,
under the rules of the American Arbitration Association. Judgment upon the award rendered by the
arbitration may be entered in any court with jurisdiction to do so.
General Provisions
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This written license agreement is the
exclusive agreement between you and us concerning the Software and
Documentation and supersedes any prior purchase order, communication,
advertising or representation concerning the Software.
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This license agreement may be modified
only by a written consent signed by you and us.
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In the event of litigation between you
and us concerning the Software or Documentation, the prevailing party in the
litigation will be entitled to recover attorney fees and expenses from the
other party.
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You agree that the Software will not be
shipped, transferred or exported into any country or used in any manner
prohibited by the the export laws of your country or by any other
restrictions or regulations.
DISCLAIMER
EVERY EFFORT HAS BEEN MADE TO ACCURATELY
REPRESENT THIS PRODUCT AND ITS POTENTIAL. EVEN THOUGH THIS INDUSTRY IS ONE
OF THE FEW WHERE ONE CAN WRITE THEIR OWN CHECK IN TERMS OF EARNINGS, THERE IS NO
GUARANTEE THAT YOU WILL EARN ANY MONEY USING THE TECHNIQUES AND IDEAS IN THESE
MATERIALS. EXAMPLES IN THESE MATERIALS ARE NOT TO BE INTERPRETED AS A
PROMISE OR GUARANTEE OF EARNINGS. EARNING POTENTIAL IS ENTIRELY DEPENDENT
ON THE PERSON USING OUR PRODUCT, IDEAS AND TECHNIQUES. WE DO NOT PURPORT
THIS AS A “GET RICH SCHEME.”
ANY CLAIMS MADE OF ACTUAL EARNINGS OR
EXAMPLES OF ACTUAL RESULTS CAN BE VERIFIED UPON REQUEST. YOUR LEVEL OF
SUCCESS IN ATTAINING THE RESULTS CLAIMED IN OUR MATERIALS DEPENDS ON THE TIME
YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES MENTIONED, YOUR FINANCES,
KNOWLEDGE AND VARIOUS SKILLS. SINCE THESE FACTORS DIFFER ACCORDING TO
INDIVIDUALS, WE CANNOT GUARANTEE YOUR SUCCESS OR INCOME LEVEL. NOR ARE WE
RESPONSIBLE FOR ANY OF YOUR ACTIONS.
MATERIALS IN OUR PRODUCT AND OUR WEBSITE
MAY CONTAIN INFORMATION THAT INCLUDES OR IS BASED UPON FORWARD-LOOKING
STATEMENTS WITHIN THE MEANING OF THE US SECURITIES LITIGATION REFORM ACT OF 1995
AND SIMILAR LAWS ELSEWHERE. FORWARD-LOOKING STATEMENTS GIVE OUR
EXPECTATIONS OR FORECASTS OF FUTURE EVENTS. YOU CAN IDENTIFY THESE
STATEMENTS BY THE FACT THAT THEY DO NOT RELATE STRICTLY TO HISTORICAL OR CURRENT
FACTS. THEY USE WORDS SUCH AS “ANTICIPATE,” “ESTIMATE,” “EXPECT,”
“PROJECT,” “INTEND,” “PLAN,” “BELIEVE,” AND OTHER WORDS AND TERMS OF SIMILAR
MEANING IN CONNECTION WITH A DESCRIPTION OF POTENTIAL EARNINGS OR FINANCIAL
PERFORMANCE.
ANY AND ALL FORWARD LOOKING STATEMENTS HERE
OR ON ANY OF OUR SALES MATERIAL ARE INTENDED TO EXPRESS OUR OPINION OF EARNINGS
POTENTIAL. MANY FACTORS WILL BE IMPORTANT IN DETERMINING YOUR ACTUAL
RESULTS AND NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE RESULTS SIMILAR TO OURS
OR ANYBODY ELSES, IN FACT NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY
RESULTS FROM OUR IDEAS AND TECHNIQUES IN OUR MATERIAL.
Sincerely,

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Ebook Times
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