Web Design Software And Ebooks Disclaimer and Terms of Use

Disclaimer & Terms Of Use

Web Design Software And eBooks Web Site Agreement

The Web-Design-Software-And-Ebooks.com Web Site (the "Site") is an online information service provided by Web Design Software And eBooks ("Web-Design-Software-And-Ebooks.com "), subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, 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. Web-Design-Software-And-Ebooks.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 SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

1. Copyright, Licenses and Idea Submissions.

The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are Web-Design-Software-And-Ebooks.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 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 Web-Design-Software-And-Ebooks.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 Web-Design-Software-And-Ebooks.com by all means and in any media now known or hereafter developed. You also grant to Web-Design-Software-And-Ebooks.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 Web-Design-Software-And-Ebooks.com for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Web-Design-Software-And-Ebooks.com.

TRADEMARKS.

Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of Web-Design-Software-And-Ebooks.com. Other product and company names mentioned in the Site may be the trademarks of their respective owners.

2. Use of the Site.

You understand that, except for information, products or services clearly identified as being supplied by Web-Design-Software-And-Ebooks.com, Web-Design-Software-And-Ebooks.comdoes not operate, control or endorse any information, products or services on the Internet in any way. Except for Web-Design-Software-And-Ebooks.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 Web-Design-Software-And-Ebooks.com a. You also understand that Web-Design-Software-And-Ebooks.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.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. Web-Design-Software-And-Ebooks.com PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND Web-Design-Software-And-Ebooks.com SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. Web-Design-Software-And-Ebooks.com DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.

YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. Web-Design-Software-And-Ebooks.com HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL Web-Design-Software-And-Ebooks.com BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF Web-Design-Software-And-Ebooks.com OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, Web-Design-Software-And-Ebooks.com LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Web-Design-Software-And-Ebooks.com makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-Web-Design-Software-And-Ebooks.com web site, please understand that it is independent from Web-Design-Software-And-Ebooks.com, and that Web-Design-Software-And-Ebooks.com has no control over the content on that web site. In addition, a link to a Web-Design-Software-And-Ebooks.com web site does not mean that Web-Design-Software-And-Ebooks.com endorses or accepts any responsibility for the content, or the use, of such web site.

3. Indemnification.

You agree to indemnify, defend and hold harmless Web-Design-Software-And-Ebooks.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.

4. Third Party Rights.

The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of Web-Design-Software-And-Ebooks.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.

5.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.

6. Bonus Disclaimer.

Any bonuses offered on this site are 'free of charge' and not included in any of our products prices. If you do not like a bonus or it does not work properly, that does not entitle you to a refund. ALL BONUSES are "FREE". We also cannot provide support for bonuses that were not created by our company.

7. Refunds.

Understandably, we cannot offer refunds for promotional products. We offer quality software, scripts, ebooks, templates, etc. that are highly discounted. In most instances buyers receive thousands of dollars worth of products for a fraction of the original cost. Often, these are limited offerings and a refund on such offerings would mean that we loose a sale and another potential buyer is closed out of the opportunity to make a purchase of such offerings. If you are not 100% positive that you want an item, you should pass on making the purchase. However, we do stand behind the products that we offer and will replace that item if it is defective or allow a comparable substitute. In the rare instance that a suitable substitute item cannot be offered we will issue a pro-rated refund for the item. Because software is downloaded it really can't be returned and there is no way to guarantee that it is not still being used. If we provide a substitute item all rights to the original product are forfeited. That means it cannot be used personally, sold, bartered, or provided to anyone else to use for any reason. Please note also that United States Federal Law prohibits the return of software for a refund and only allows for the software to be exchanged for the same software if the original is defective. Please note that some product description sales pages do claim to offer refunds. We present these descriptive sales pages so that potential customers can read the details of the individual products. We do not sell individual products, only packages. Purchasers can choose to offer packages as a package or as individual products and have a right to offer refunds or not, depending on their preference.
Please note that when we sell The Webmaster's Graphics & Web Design Package 2011 Special Edition it includes all products that were contained in the original package (2007) and all additional products added to this package in 2008 and 2009 and 2010. Understandably, a few of the older products may not operate properly because the developer has stopped offering support or may be out of business. In such instances refunds are not applicable as this is beyond our control. But in the rare instance that an older product is not usable we most likely have added a more modern version that functions properly. If you encounter a product that is no longer functioning properly please contact support and we will remove it from the package.

Credits related to adjusting rates for special promotions are always accommodated if the product was purchased as a higher rate within 30 days of a lower promotional rate. Example: A product was purchased June 1st at $47 and the same product is offered at a sale price of $37 within 30 days the customer can request and will receive a $10 credit. Beyond 30 days credits will not be issued. Like any other business we have to remain competitive and at times that might require a temporary sale to compete with other marketers but there has be a reasonable cut-off period relating to issuing a credit.

Also please note that we take great pride in the fact that we have an extremely low complaint rate and as a result take any complaint very seriously. And virtually 100% of the complaints ever placed with our payment processor (PayPal) relate to non-receipt of a purchase. We have no problem with such a complaint if it is legitimate but the irrefutable fact is that in almost all instances the customer did not attempt to contact us first at our support address, 08-1-support [at] 2nd-income-solutions.com, prior to filing a complaint; insisted upon using a cheap or free throw-away address such as Hotmail, AOL, gmail, comcast, etc; which drastically increases the chances of non-delivery of their confirmation message containing download information because such addresses are notorious for over-filtering; had a full mailbox which caused the rejection of our confirmation message; misused PayPal's complaint system to obtain an adjustment in pricing; used PayPal's complaint system to cancel an order that was received; used PayPal's complaint system to cancel an order that was received while purchasing the same or nearly same product at a better price (customer should be contacting 2nd Income Solutions first and not be using PayPal's system for such adjustments); or something similar to one of the aforementioned. In such instances 2nd Income Solutions will bill the customer $15 (per incident) in addition to the cost of the product for time needed to respond to a complaint that was related to the customer's negligence and/or greed. If the customer chooses not to pay the $15 fee, 2nd Income Solutions will block access to the download area using IP Deny Manager.

8. Earnings & Income Disclaimer.

ANY EARNINGS OR INCOME STATEMENTS, OR EARNINGS OR INCOME EXAMPLES, ARE ONLY ESTIMATES OF WHAT WE THINK YOU COULD EARN. THERE IS NO ASSURANCE YOU'LL DO AS WELL. IF YOU RELY UPON OUR FIGURES, YOU MUST ACCEPT THE RISK OF NOT DOING AS WELL.

WHERE SPECIFIC INCOME FIGURES ARE USED, AND ATTRIBUTED TO AN INDIVIDUAL OR BUSINESS, THOSE PERSONS OR BUSINESSES HAVE EARNED THAT AMOUNT. THERE IS NO ASSURANCE YOU'LL DO AS WELL. IF YOU RELY UPON OUR FIGURES; YOU MUST ACCEPT THE RISK OF NOT DOING AS WELL.

ANY AND ALL CLAIMS OR REPRESENTATIONS, AS TO INCOME EARNINGS ON OUR WEB SITE, ARE NOT TO BE CONSIDERED AS AVERAGE EARNINGS.

THERE CAN BE NO ASSURANCE THAT ANY PRIOR SUCCESSES, OR PAST RESULTS, AS TO INCOME EARNINGS, CAN BE USED AS AN INDICATION OF YOUR FUTURE SUCCESS OR RESULTS.

MONETARY AND INCOME RESULTS ARE BASED ON MANY FACTORS. WE HAVE NO WAY OF KNOWING HOW WELL YOU WILL DO, AS WE DO NOT KNOW YOU, YOUR BACKGROUND, YOUR WORK ETHIC, OR YOUR BUSINESS SKILLS OR PRACTICES. THEREFORE WE DO NOT GUARANTEE OR IMPLY THAT YOU WILL GET RICH, THAT YOU WILL DO AS WELL, OR MAKE ANY MONEY AT ALL. THERE IS NO ASSURANCE YOU'LL DO AS WELL. IF YOU RELY UPON OUR FIGURES; YOU MUST ACCEPT THE RISK OF NOT DOING AS WELL.

INTERNET BUSINESSES AND EARNINGS DERIVED THERE FROM, HAVE UNKNOWN RISKS INVOLVED, AND ARE NOT SUITABLE FOR EVERYONE. MAKING DECISIONS BASED ON ANY INFORMATION PRESENTED IN OUR PRODUCTS, SERVICES, OR WEB SITE, SHOULD BE DONE ONLY WITH THE KNOWLEDGE THAT YOU COULD EXPERIENCE SIGNIFICANT LOSSES, OR MAKE NO MONEY AT ALL.

ALL PRODUCTS AND SERVICES ON OUR WEB SITE ARE FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. USE CAUTION AND SEEK THE ADVICE OF QUALIFIED PROFESSIONALS. CHECK WITH YOUR ACCOUNTANT, LAWYER OR PROFESSIONAL ADVISOR, BEFORE ACTING ON THIS OR ANY INFORMATION.

USERS OF OUR PRODUCTS, SERVICES AND WEB SITE ARE ADVISED TO DO THEIR OWN DUE DILIGENCE WHEN IT COMES TO MAKING BUSINESS DECISIONS AND ALL INFORMATION, PRODUCTS, AND SERVICES THAT HAVE BEEN PROVIDED SHOULD BE INDEPENDENTLY VERIFIED BY YOUR OWN QUALIFIED PROFESSIONALS. OUR INFORMATION, PRODUCTS, AND SERVICES ON OUR WEB SITE SHOULD BE CAREFULLY CONSIDERED AND EVALUATED, BEFORE REACHING A BUSINESS DECISION, ON WHETHER TO RELY ON THEM.

YOU AGREE THAT OUR COMPANY IS NOT RESPONSIBLE FOR THE SUCCESS OR FAILURE OF YOUR BUSINESS DECISIONS RELATING TO ANY INFORMATION PRESENTED ON OUR WEB SITE, OR OUR COMPANY PRODUCTS OR SERVICES.

9.Package Sales Pages and Graphics.

When a package is purchased, the purchaser obtains all rights to the sales pages, graphics, files, etc. related to each 'individual product' and is free to use these items as they wish (Developer's restrictions must be honored if they are stated within the download file). Sales pages and graphics developed by our webmaster are only to present the individual products contained in the package and cannot be used without written permission and use of these materials has never been granted. Purchasers are free to re-package products to offer within their own packages if they desire to do so. Purchasers should not sell The Webmaster's Graphics & Web Design Package 2007, 2008, 2009, 2010, or 2011 editions using our promotional copy or graphics under any circumstances. Anyone using any of our materials will cease to receive new products added to this package throughout the year.

10.Miscellaneous.

This Agreement shall all be governed and construed in accordance with the laws of The United States of America applicable to agreements made and to be performed in The United States of America. You agree that any legal action or proceeding between Web-Design-Software-And-Ebooks.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 The United States of America . 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. Web-Design-Software-And-Ebooks.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. Web-Design-Software-And-Ebooks.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.