Terms & Conditions

• SECTION A: DEFINITIONS
• SECTION B: GENERAL TERMS OF USE
• SECTION C: TECHNOLOGY AND RESULTS
• SECTION D: PRODUCT SHIPPING AND DELIVERY
• SECTION E: MEMBERSHIP
  1. PARTNER TERMS
  2. PROVIDER TERMS
  3. GENERAL MEMBERSHIP (PARTNER AND PROVIDER) TERMS
• SECTION F: DISCUSSION AND SOCIAL NETWORKING

Last modified: May 7, 2010

YOU MUST READ THESE TERMS AND CONDITIONS AGREEMENT CAREFULLY IN ENGLISH. WE WILL NOT BE RESPONSIBLE FOR ANY MEANING LOST IN TRANSLATION. BY CONTINUING TO USE THIS WEB SITE AND/OR BY ORDERING PRODUCTS OR SERVICES, YOU REPRESENT TO US THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS. THE FOLLOWING IS A LEGALLY BINDING CONTRACT BETWEEN YOU AND FREE ENERGY INSTITUTE, S.A., AND GOVERNS YOUR USE OF THIS WEB SITE, ITS CONTENT, AND RELATED LINKS. THIS TERMS AND CONDITIONS AGREEMENT IS AN INTEGRAL DOCUMENT WITH ALL OF ITS SECTIONS GIVEN BELOW.
 
BY CONTINUING TO USE THIS WEB SITE, YOU ARE ACCEPTING AND AGREEING TO ABIDE BY ALL OF THESE TERMS AND CONDITIONS INCLUDING THE ATTACHED SHIPPING, RETURNS AND REFUNDS POLICY. YOU ALSO AGREE TO ACCEPT AN ELECTRONIC RECORD OF THESE TERMS AND CONDITIONS, AND ALL OTHER TRANSACTIONS AS FULL SATISFACTION THAT THEY BE PROVIDED TO YOU IN WRITING. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS OR FIND ANY PART OF THESE TERMS AND CONDITIONS UNACCEPTABLE, SIMPLY LEAVE THIS WEB SITE WITHOUT FURTHER USE AND DO NOT ORDER PRODUCTS OR SERVICES FROM OUR CATALOG.

This Terms and Conditions Agreement (hereafter "Terms and Conditions") applies to use of the web site located at http://www.Water4Gas.com (the "Site"). The Site is the property of Free Energy Institute, S.A. (hereafter "The Company"). Before you make any purchases or participate in commerce, you must first establish the proper type of user account (hereafter "Your Account").

The Company reserves the right, at its sole discretion, to change, add or remove portions of this Terms and Conditions, at any time. It is your responsibility to check this Terms and Conditions each time before using the Site. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. You agree that all subsequent purchases by you will be subject to these Terms and Conditions, which shall apply until we post a modified Terms and Conditions and then in accordance with such modified Terms and Conditions. As long as you comply with this Terms and Conditions and any such modifications, the Company grants you ("End User") a personal, non-exclusive, non-transferable, non-sublicensable, limited privilege to enter and use the Site.

THE COMPANY EXPRESSLY WISHES TO HAVE ONLY SATISFIED CUSTOMERS AND USERS. IF FOR ANY REASON YOU DO NOT AGREE WITH THE TERMS OFFERED HEREIN, OR IF YOU HAVE DOUBTS OR RESERVATIONS REGARDING THE VALIDITY OF THE TECHNOLOGY OR PRODUCTS OFFERED ON THE SITE, DO NOT USE THE TECHNOLOGY, INFORMATION, WEB SITE OR PRODUCTS.

SECTION A: DEFINITIONS

• Technology: Any one (or a multiplicity) of the techniques, devices, formulas or intellectual property described or offered for sale or download on the Site. It is stressed here that the Technology is purely experimental, as outlined in Section C: Technology and Results.
• Provider: Any person or company who sells bulk or retail quantities of consumer product(s) or offers paid service(s) via the Site. When you order a product or service from the Site, YOUR ORDER WILL BE FULFILLED BY THE PROVIDER WHO OFFERED THAT PRODUCT OR SERVICE. The shopping cart is integral and allows ordering products from multiple Providers, who may be located in different locations around the world. Providers are not called "sellers" or "vendors" or "merchants" because the only seller on the Site is the Company - however the Providers are those who PROVIDE the products and ship them to the Customer. A Provider may or may not be the original manufacturer of the products being offered by him or her.
• Partner: Affiliate; any person who has affiliated himself or herself with the Site for the purpose of promoting it to potential Customers in exchange for sales commissions.
• Member, Membership: A Member of the Site is any individual or company who joined as a Partner or Provider.
  
• Strategic Partner: A Partner who has signed up a certain number of Partners under him or her.
• End User: Any registered user (Customer, Provider or Partner) who uses or has used the Site to buy, sell or promote products or services, or to network with other End Users by way of the Forum/Social Network and by way of e-Commerce using the Site.
• Customer: Anyone who buys products or services from the Site.
• Consumer: Anyone who consumes or uses products or services from the Site, whether he or she is or isn't a registered End User.
• Digital Download: A digital product (usually for sale) such as e-Book, software or video.
• Formula: Any type of recipe (whether sold or given free of charge); directions for making a product or raw material for manufacturing.
• Forum/Social Network: The discussion and social networking module of the Site.
• Your User Content: Any material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to the Site and/or its Forum/Social Network, for whatever purpose.
• Industry, or Related Industry: The collective of inventors, developers, manufacturers, marketers and promoters relating to the Technology, whether or not they participate in discussion or commerce via the Site.
  

SECTION B: GENERAL TERMS OF USE

• Content; Copyright and Trademark Notice. All media (downloaded or samples), software, text, images, graphics, user interfaces, music, videos, photographs, trademarks, logos, artwork and other content on the Site (collectively, "Content"), including but not limited to the design, selection, arrangement, Your User Content and coordination of such Content on the Site is owned or licensed by or to the Company, and is protected by copyright, trade dress, and trademark laws, and various other intellectual property rights laws. Except as expressly provided in this Terms and Conditions, no part of the Site and no Content may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, web site or other medium or for any commercial purpose, without the Company's prior express written consent. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, trade dress, rights of publicity or trademarks with respect to any of the Content, and the Company reserves all rights not expressly granted hereunder. The Company expressly disclaims all responsibility and liability for uses by you of any Content obtained on or in connection with the Site. Water4Gas.com and Water4Gas, are registered trademarks, trademarks or service marks of the Company. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of the Company. The use of any Water4Gas trademark or service mark without the Company's express written consent is strictly prohibited. All other trademarks or service marks are property of their respective owners.
• Registration; User Accounts; Use of Site. Certain services offered on or through the Site require you to first open a Your Account. You are responsible for maintaining the confidentiality of your Your Account information, including your password, and for all activity that occurs under your account. You agree to notify the Company immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by the Company or any other user of the Site due to someone else using your password or Customer account. You may not use anyone else's password or Customer account at any time. You may not attempt to gain unauthorized access to the Site. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, then your Customer Your Account will be terminated. You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted by the registration process. You may update any of your Your Account information, designate a different credit card to be billed, or change the applicable expiration date on your currently designated credit card, by clicking on the Your Account button and selecting the appropriate link. You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any of the systems or networks comprising or connected to the Site.
  You also agree that the Company may, in its sole discretion and without prior notice to you, terminate your access to the Site and your Your Account for any reason, including without limitation: (1) attempts to gain unauthorized access to the Site or assistance to others' attempting to do so, (2) overcoming software security features limiting use of or protecting any Content, (3) discontinuance or material modification of the Site or any service offered on or through the Site, (4) violations of this Terms and Conditions, (5) failure to pay for purchases, (6) suspected or actual copyright infringement, (7) unexpected operational difficulties, or (8) requests by law enforcement or other government agencies. YOU AGREE THAT THE COMPANY WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR TERMINATION OF YOUR ACCESS TO THE SITE.
• Consent To Collection, Use & Disclosure of Your Personal Information. As more fully described in our Privacy Policy, you must disclose certain Personally Identifiable Information to use our Site, register, and make purchases. As a condition of registering with our Site or making any purchases of any products and/or services or conduct any transactions, you represent that you have first read our Privacy Policy and consent to the collection, use and disclosure of your Personally Identifiable Information and Non-Personally Identifiable Information as described in our Privacy Policy. Our Privacy Policy's terms and conditions will change from time to time, and as a condition of browsing the Site, using any features or making any purchase, you agree that you will first review our Privacy Policy prior to making any initial or subsequent purchases.
  While the Company takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, the Company cannot be responsible for the acts of those who gain unauthorized access, and the Company makes no warranty, express, implied, or otherwise, that the Company will prevent unauthorized access to your private information. IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER THE COMPANY WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
• Consent to Our Communication With You By E-Mail. BY ESTABLISHING A YOUR ACCOUNT WITH US, AND EACH TIME YOU MAKE A PURCHASE THROUGH OUR SITE, YOU GRANT PERMISSION FOR THE COMPANY TO CONTACT YOU AT YOUR E-MAIL ADDRESS. TO STOP RECEIVING OUR MARKETING EMAILS, SUBMIT A REQUEST FOR REMOVAL AT OUR HELP CENTER OR FOLLOW THE OPT-OUT PROCEDURES SET FORTH IN SUCH MARKETING EMAILS.
• Conditions of Sale and Payment Terms. To purchase any goods and/or services on our Site, you must be at least eighteen (18) years of age or the applicable state age of majority. Prior to the purchase of any goods or services on our Site, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge your card. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization. Regarding refunds see our Shipping, Returns and Refunds Policy.
• Methods of Payment, Credit Card Terms and Taxes. All payments must be made by VISA, MasterCard, or American Express. PayPal payments may or may not be available, depending on locality and other factors. The Site currently does not accept cash, checks or any other payment form, although in the future the Company may change this policy. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not this Terms and Conditions to determine your rights and liabilities as a cardholder. YOU, AND NOT the Company, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD (OR ANY THIRD PARTY MONETARY ACCOUNT SUCH AS PAYPAL) BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify the Company of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If the Company does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by the Company or its agents. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes. The Company may automatically charge and withhold the applicable sales tax for orders to be delivered to states or localities that it deems is required.
• Order Acceptance Policy. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. The Company reserves the right at any time after receipt of your order to accept or decline your order for any reason. The Company further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by the Company upon our delivery of products or services that you have ordered, or upon the completion of the license and delivery of a Digital Download, as indicated by our servers. All orders placed on the Site are subject to rejection at the Company sole discretion, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order. If after such procedure our credit and fraud avoidance department makes a decision to finitely reject an order, it will cancel the order and issue a refund.
• No Responsibility to Sell Mispriced Products or Services. The Company shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. The Company shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, the Company shall immediately issue a credit to your credit card account in the amount of the charge.
• Modifications to Prices or Billing Terms. THE COMPANY RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.
• 10. Customer Service and Technical Support for Items Sold. All requests for technical service and support should be made directly to the Provider (see def.) who has provided the merchandise or intellectual property. THE FUNCTION OF OUR HELP CENTER IS TO HANDLE GENERAL FUNCTIONS SUCH AS REFUNDS AND FRAUD PREVENTION - PLEASE REFER TECH SUPPORT AND CUSTOMER SERVICE TO THE PROVIDER.
  
• Technology and expected results. All goods, whether physical or intellectual property (such as Digital Download or Formulas) which may be displayed or offered on the Site are purely experimental. For additional terms see Section C: Technology and Results
• Indemnification. You agree to indemnify and hold harmless the Company. and its parents, sister companies, subsidiaries, affiliates, service providers, goods providers, other End Users, distributors, licensors, officers, directors and employees from any claim or demand, including reasonable attorneys' fees, made by any third party arising out of or related to your violation of this Terms and Conditions, or your violation of any law, regulation or third-party right.
• Disclaimer of Warranties. THE SITE, PRODUCTS, SERVICES, CONTENT, DIGITAL DOWNLOADS, SOFTWARE, ARTWORK, DATA, AND INFORMATION ARE PROVIDED "AS IS." ALL OF THE COMPANY'S PHYSICAL PRODUCTS ARE GUARANTEED AGAINST MATERIAL DEFECTS FOR THIRTY (30) DAYS FROM THE DATE OF INVOICE. EXCEPT AS EXPRESSLY STATED HEREIN, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR QUALITY OF DATA AND FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, TITLE, NON-INFRINGEMENT, LACK OF VIRUSES OR CORRESPONDENCE TO DESCRIPTION.
• Limitation of Liability. THE ENTIRE RISK ARISING OUT OF THE USE OF THE SITE, THE USE OF ANY PRODUCTS AND/OR SERVICES OFFERED ON OR IN CONNECTION WITH THE SITE, AND/OR THE USE OF ANY CONTENT AND/OR DIGITAL DOWNLOADS REMAINS WITH YOU. IN NO EVENT SHALL THE COMPANY OR ITS LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS TERMS AND CONDITIONS OR THE USE OF OR INABILITY TO USE ANY PRODUCTS, SERVICES, CONTENT AND/OR DIGITAL DOWNLOADS, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE PRODUCTS OR SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THIS TERMS AND CONDITIONS OR POSTED ON THE SITE, THE MAXIMUM LIABILITY THAT THE COMPANY SHALL HAVE IS LIMITED TO ANY AMOUNTS ACTUALLY PAID TO THE COMPANY BY END USER. YOU ASSUME ALL RISK OF LOSS FOR SHIPPED PRODUCTS. ORDER INFORMATION SUCH AS BILLING OR SHIPPING ADDRESS THAT IS INACCURATE OR INCOMPLETE MAY RESULT IN DELAYS THAT SHALL NOT BE THE RESPONSIBILITY OF THE COMPANY. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF THIS TERMS AND CONDITIONS) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
• Policy to Terminate Privileges for Copyright Infringement. Pursuant to 17 U.S.C. § 512 as amended by Title II of the Digital Millennium Copyright Act (the "Act"), the Company will terminate the account of any Customer, Partner or Provider who uses his or her privileges to unlawfully transmit copyrighted material without a license, valid defense or fair use privilege to do so. After proper notification by the copyright holder or its agent to the Company and later confirmation through court order or an admission by the Customer that an account has been an instrument of unlawful infringement, the Company will terminate the infringing Customer's account. The Company may also in its sole discretion decide to terminate a Customer's account privileges prior to that time if it has good belief that infringement has in fact occurred. In addition, pursuant to 17 U.S.C. § 512(c), the Company has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. The Company respects the intellectual property of others and we ask others to do the same.
  Any written notice describing the infringing activity must include the following information:

• No delay or failure to take action under this Terms and Conditions shall constitute any waiver by the Company of any provision of this Terms and Conditions. If any provision of this Terms and Conditions is invalid or unenforceable under applicable law, it is, to that extent, deemed enforceable to the fullest extent possible (and severable in the event such provision is completely unenforceable) and the remaining provisions of this Terms and Conditions will continue in full force and effect. This Terms and Conditions will bind and inure to the benefit of the Company's permitted successors and assigns. Any claim under these Terms and Conditions must be brought within one (1) year after the cause of action arises. This Terms and Conditions is personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate this Terms and Conditions shall be null and void. The Company may freely assign this Terms and Conditions without consent or notice. This Terms and Conditions (including all documents expressly incorporated herein by reference, including but not limited, to the relevant Usage Rules) constitutes the complete and exclusive agreement between the Company and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.

SECTION C: TECHNOLOGY AND RESULTS

No warranty is expressed or implied concerning the suitability of the Technology or related intellectual property, including Tax Write-Off information, for any particular application, circumstance or geographical area. 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 Educational Information, is at the Consumer'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 Consumer. The Company and its employees, executives, distributors and affiliates shall not be held responsible for how the Consumer uses the Technology, related knowledge or any device thereof.

The Consumer hereby acknowledges the following:

• There is no warranty that the Technology is merchantable or that it is fit for a particular purpose or area.
• In no event shall the Company, its heirs and assigns, or its affiliates, be liable for consequential damages arising out of or connected with the sale, delivery, or use of the Technology.
• The Consumer will not use the Technology in violation of any local, state, or federal law.
• The original Consumer, successors and assigns, agrees to hold the Company and its affiliates harmless from and will indemnify the Company and its affiliates from damages caused by the use of the Technology.
• The Company 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 Consumer. Although careful precaution has been taken in the preparation of the information, the catalog and the products.
• Since the Company's web site is a service for general e-commerce between and involving Providers, Partners and Consumers, the Site is provided to the Consumer AS-IS and there is no warranty for the information, to the extent permitted by applicable law. Except when otherwise stated in writing the copyright holders and/or other parties provide the Site and any 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 usability of the catalog and the products is with the Consumer.
•  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 Site, be liable to the Consumer for damages, including any general, special, incidental or consequential damages arising out of the use or inability to use the Site or any related product or service, including but not limited to loss or personal injury or losses sustained by the End User or third parties or a failure of any product or information to operate or produce expected results, even if such holder or other party has been advised of the possibility of such damages.
• The Consumer agrees that the conditions above apply equally to all current, past, and future usage of the Site and related products including downloads or deliveries of any kind.
• 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.
• The Consumer is charged with the responsibility of experimenting with, and properly using the Technology. The Consumer has free choice for using any other vendor, manufacturer or service personnel or company. Additionally, all Providers, manufacturers, suppliers, merchants and service providers are responsible for their own job and no warranty is given by the Company for their performance or work ethics. The Company’s liability shall not exceed the sum of the purchase made by the Customer.
• It is solely the responsibility of the Consumer to select properly between products or services displayed, recommended, linked or implied on the Site. All questions and inquiries regarding products and services displayed on the Company's web site, including billing, delivery, user guides, etc., must be referred to the relevant Providers.
• TECH SUPPORT for specific products and specific orders must be referred to the relevant Provider(s). For general inquiries about the Company and any of its functions, contact our Help Center. It is necessary to register with the Help Center in order to view tickets.
  
• Some parts of the Technology are “Open Source” and therefore may be copied, further developed, traded and freely used by the Consumer. However, some other parts of the Technology and related products and intellectual property are PATENTED AND/OR OTHERWISE PROTECTED BY COPYRIGHT LAWS and may not be copied or used without written permission from the respective owner. In case of intellectual property, Patent or trademark belonging to third party, the Consumer has to communicate directly with their respective owner to obtain usage permission. The following is repeated for extra clarity: Unless otherwise specified in writing, NOBODY IS PERMITTED TO COPY, MIRROR OR RE-SELL THE COPYRIGHTED PRODUCTS BELONGING TO THE COMPANY, INCLUDING BUT NOT LIMITED TO THE CATALOG, BOOKS, DVD'S, WEB SITE ARTICLES, NEWSLETTERS, OR ANY OTHER INTELLECTUAL PROPERTY OF THE COMPANY.
• The Company retains the right and the choice to refuse service and/or support to any Consumer, visitor, affiliate, vendor, manufacturer or any other professional, regardless of their payment or refund status, and regardless of their registration status or any statistics.

SECTION D: PRODUCT SHIPPING AND DELIVERY

• The Company proudly stands by all of the products we sell. If you are not satisfied with your purchase you can return it in accordance with our Shipping, Returns and Refunds Policy.

SECTION E: MEMBERSHIP

1) PARTNER TERMS

If You join as a Partner (affiliate) of the Company, then You also consent to the following Terms:

• You represent that You have reviewed relevant Site rules and policies, understand them and agree to abide by all of them.
• You agree to make no such promotions that suggest or imply any warranty or other policy that might conflict with the Company's Terms or Return Policy.
• You agree to make no such promotions that involve unlicensed or unauthorized use of materials protected by copyright, trademark or other intellectual property laws.
• You agree that You will not engage in activities that interfere with the Site’s tracking of orders and commissions, or in any other way interferes with the flow of traffic to and from Members.
• You agree that all your promotions will not be false or misleading and will be fully compliant with international laws, including laws regarding network abuse, unsolicited messaging, and applicable regulations, policies and guidelines governing advertising, disclosure and Customer protection. All your promotions must contain all disclosures necessary to prevent them from being false or misleading in a clear and conspicuous manner. As a global guideline, refer to Federal Trade Commission Policy, Dot Com Disclosures, http://www.ftc.gov/bcp/edu/pubs/business/ecommerce/bus41.pdf
• You agree to make no such promotions promising Customers rebates, coupons, tickets, or vouchers in connection with their purchase(s) on the Site, other than those that may be advertised from time to time on the Site.
• You agree to provide the Company with an active and working email address related to Your Account and to respond in a timely manner to any email communication from the Company to You.
• Neither the Company nor the Site is a multi-level marketing (M.L.M.) or “pyramid scheme.” However, there is a second-tier compensation for Partners you refer.
• The Company will provide You with a Back Office that helps you to manage tracking and sales statistics relating to your referrals, and see your current Partner status. You agree not to abuse the Back Office in any way or interfere with its normal operation.
• You agree to never defame the Company, as an organization or as an industry leader, or its executives and affiliates, as well as other Members of the Site. You agree to compete fairly while granting respect and moral support to your associates in the related industry, so that the entire industry can survive.

PARTNER COMPENSATION PLAN:

• Sales commissions will be paid BY THE COMPANY DIRECTLY TO YOU based on sales generated and successfully tracked through your Affiliate link.
• You must register with the Site, and properly use its tracking system, in order to receive commissions for your referrals. You will earn a minimum of 10% sales commissions for every item that the Site’s sophisticated tracking system has successfully tracked as your referral. The Site uses ‘cookies’ to track referrals even if the Customer did not make a purchase on their first visit.
• Partner compensation may or may not be changed from time to time, in favor of the Partner, on a temporary basis (for example, as a Holiday incentive or other special promotion).
• To get paid, you must provide the Company with a working PayPal account into which commissions can be paid.
• Although every effort is being made by the Company to make accurate sales tracking through the Site, the Company shall not be held liable for any lost revenues due to incomplete tracking.
• If at any time your Membership is canceled by you, or terminated by the Company due to violation of the Terms, advertising You have done before the date of cancellation or termination may result in revenues for the Company after the termination of your Membership; however You will no longer receive any commissions from such revenues.

STRATEGIC PARTNER COMPENSATION PLAN:

• Partners who joined as a direct result of an existing Partner’s referral will be placed on a second tier under the referring Partner. HOWEVER, THERE IS NO THIRD TIER AND NEITHER THE SITE NOR THE COMPANY IS A ‘PYRAMID SCHEME’ OR M.L.M. (MULTI-LEVEL MARKETING) SCHEME UNDER ANY LEGAL TERM WHATSOEVER.
• Once a Partner has referred 200 other Partners, he or she automatically becomes a Strategic Partner.
• Strategic Partners earn HIGHER COMMISSIONS in accordance with their performance. The commission structure for Strategic Partners has not been established yet – the Company will update this page and notify the Partners once the structure has been set.

GENERAL:

• See also “GENERAL MEMBERSHIP TERMS” below for general Membership Terms.

2) PROVIDER TERMS

If You wish to register your product(s) or service(s) for sale on the Site, then You also consent to the following Terms:

• You represent that You have reviewed relevant Site rules and policies, understand them and agree to abide by all of them.
• You agree that the product(s) and service(s) that you may be offering on the Site are legal and that your advertising, promotions and representations of which You are aware that are related to your product(s) or service(s) are accurate and in compliance with Federal and State laws and regulations. As a global guideline, refer to Federal Trade Commission Policy, Dot Com Disclosures, http://www.ftc.gov/bcp/edu/pubs/business/ecommerce/bus41.pdf
• You may be the original manufacturer of your products, but You don’t have to be. You may sell bulk or retail; You may sell a digital product or tangible goods; You may sell a service or consultation/workshop; You may sell internationally or locally. You have control over their offering as long as it goes with the line of product and services offered on the Site. HOWEVER, IT MUST BE MADE CLEAR TO THE CUSTOMER WHAT EXACTLY IS BEING OFFERED AND UNDER WHAT TERMS (including localities, shipping peculiarities, whether the item is new or used, etc.)
• As a Provider you are responsible for delivering your items to all Customers referred to you from the Site, and providing Technical Support accordingly. Additionally, You are responsible for uploading your items’ description and images, and controlling your prices, shipping and stocks. The Company will only interfere in the commerce process in case of Customer complaint.
• You agree that the Company may list your product on the Site and make it available for purchase by retail and wholesale Customers. Through your Back Office, You will have control over the geographical zones that each product is offered to, provided that the Site admin has allowed sales in those zones.
• You understand that the Company may delist any product(s) or service(s) from the Site at any time, without cause or notice.
• You agree to provide the Company AND YOUR CUSTOMERS with valid Technical Support and Customer Support email addresses for your products and services, to which paying Customers and the Company staff can send inquiries and receive a non-automated reply DIRECTLY FROM YOU BY END OF THE FOLLOWING BUSINESS DAY.
• You must have a professional answering service (or a voice-mail) and at least one business email, and You must respond to Customer email and/or phone calls in a timely fashion. You must provide your very own Technical Support and Customer Support along with your products and services. Since the Site includes a wide range of products and services, the Company cannot provide technical answers specific to your products or services; You are not allowed to refer Customers or visitors to the Company for technical support.
• You agree to provide Customers with comprehensible Technical Support pages or articles for your products, such as (depending on the nature of your product) installation instructions, user-maintenance instructions and troubleshooting information, or any other necessary User Guides. These pages or articles must be written in English (or the language of the Customer’s zone if different than English), and posted online AND/OR delivered in print to Customers with the products they have purchased.
• Depending on the nature of your product, every order being shipped must include all the hardware, packaging, safety instructions, invoices, and any other necessary article – for the Customer to PROPERLY and immediately use the product.
• You agree that You and your product(s) or service(s) are subject to the Product and Provider Rating Program which may be revised at any time and without advance notice to You, and that such ratings and End User reviews may be displayed on the Site. The Company will try to keep such ratings and End User reviews accurate, fair and relevant, but complete accuracy cannot be guaranteed.
• You agree that your products or services, product photos and advertising copy will be subject to ongoing review and evaluation by the Company. You agree that the Company, at its sole discretion, may make changes to product promotion and delivery pages, Customer support or other items related. Your product(s) or service(s) may or may not be promoted as ‘Featured Products’ at the Company’s sole discretion.
• You must agree and acknowledge that the Company shall continually monitor the quality and professionalism of your product(s) and service(s), speed of delivery and Customer relations, which may or may not be based on Customer Rating and End User Reviews or complaints. At the Company’s sole discretion, the Company may disqualify You from using the Site until the situation is remedied.
• Any recommendations by the Company on building and running your business, your listings, your promotional campaigns or any other part of your business, shall not be construed as business advice or legal advice to You. You are responsible for making your own business decisions, and/or consulting with third party experts as needed and at your own expense.
• You may list as many products or services through the Site as You wish, limited only by your ability to produce and deliver. If the Company decides on a limited number of listings per Provider, such limitation will be displayed in the Terms.
• If You wish to register your product(s) or service(s) through the Site, You must agree to ship your products to your Customers as advertised. Unless otherwise noted, shipping must be done within three (3) business days from the time they are listed as orders in your Provider back office. The Site will try to deliver notice of orders by email, but You agree that email delays or lost emails shall not be used as an excuse to delay shipping – as long as you have active listings You must login frequently enough to your back office in order to deliver what is promised.
• SALES MUST BE MADE FROM EXISTING STOCK. As a Provider You must be prepared to deliver. If You cannot prepare enough products or manpower, then do not list your products or services until such time that You are prepared. You must deliver what You promise. If the items are already listed but not in stock, login and change their status accordingly. Any products offered where a waiting period is needed, must be clearly displayed as such so that the Customer can make a proper decision before placing an order.
• Any Provider who does not deliver what he or she promised, or conducts any other unethical business practice, based on multiple Customer or affiliate complaints, will be blocked from the Site until the situation has been resolved.
• Your product must be related to the industry and designed with the Customer in mind. It does not matter if You are the original developer or not, or if You are the manufacturer, however the product You're offering cannot be a prototype or “test model” – it must be a mature product, ready for mass marketing. This means that your product(s) must have gone through significant testing on many test subjects, under many conditions with proven, stable results. You must be able to provide (upon request) documentation on the testing and results, for all the categories that You want to be featured on.
• If You are offering any professional service to the retail Customer, then such service must be done by a professional who is trained, insured and certified based on the laws of the geographic area in which the service will be delivered to Customers.
• You agree that all your products and services shall be offered on the Site with a Money-Back Guarantee. If your product does not meet Customer’s expectations BASED ON YOUR SALES PITCH, then your product or service must be repaired or refunded in full accord with the Shipping, Returns and Refunds Policy.
• In order to offer products or services on the Site You must have your own liability insurance that covers any possible damage caused to Customer's property or person. You shall not be insured by the Company and the Company shall not be held liable for any damage caused by your product or service, even if the Company or any Company staff has been informed of such liability.
• Your listings on the Site must not advertise information or links that compete against the Company or bad-mouth it, or its executives, Affiliates or other Providers.
• The Company must be able to perform a Credit Check on You or your business, upon request.
• You must have a valid Business License for the State and zone which You are selling from.
• If Customers come to your physical place of business, you must have a clean, professional work environment. All sales reps and professional service personnel must dress professionally and look sharp. If your company does not provide special insignia or uniforms, then clean, sharp business attire and proper hygiene of all representatives is a minimum requirement.
• Since our first goal is making a satisfied Customer rather than making money, You must maintain excellent Customer-relations at all times, placing Customer Satisfaction at first priority. The Customer always comes first and You agree that this shall be reflected in all aspects of your dealing with Customers referred to you by the Site or the Company.
• Your quality control system must be orderly and professional. Specifically You must be running an internal documentation of all sales, installations (if any), deliveries and all services rendered. Your quality control system shall also include policies and pre-defined routines for handling Customer's complaints, as well as policies to train, correct and enhance your staff.

PROVIDER FEES, EARNINGS AND CASH FLOW:

• Provider registration and item listing are free of charge.
• The Company will make the sale and collect any and all Customer payments.
• The Company will keep a fixed fee of 20% out of each sale of tangible products and services. The fee for Digital Products will be 50%.
• This fee is normally split half/half between the Site and the Partner who referred the Customer; however the Company may change the ratio in favor of the Partner without changing the overall percentage (for example, as a Holiday incentive or other special promotion, the Company's share may be reduced to half minus 1.5% and the Partner's share raised to half plus 1.5%, thus creating a 3% gap in favor of the Partner).
• The Company will also charge the Provider the costs of operating the merchant account (i.e., the fees charged by the credit card processor) for his or her transactions.
• The Company will pay the remaining sum to the Provider’s PayPal account within 4-6 working days from receiving the Provider’s report that the goods HAVE BEEN SENT TO THE CUSTOMER. The Company may consolidate payments into weekly payments. Payments will be sent to any Partner only if commissions owed have surpassed a small threshold level.
• To prevent fraud, the Company will deduct the Partner’s commission FOR EACH AND EVERY SALE MADE, even if the Partner is untraceable for any reason. At the Company’s sole discretion, these funds may be used to improve the Site or as bonuses to the Partners and Providers.

GENERAL:

• See also “GENERAL MEMBERSHIP TERMS” below for general Membership Terms.

3) GENERAL MEMBERSHIP (PARTNER AND PROVIDER) TERMS

By becoming a Member (Partner or Provider) of the Site You also consent to the following Membership Terms:

• This part of the agreement applies You as a Member of the Site, whether You are a Provider, or a Partner, or both.
• Members may join the Site for the purpose of supplementing their income while helping to promote the goals of the related industry, the Site and the benefits of its Customers. However, none of the Members is contracted as employee or sub-contractor of the Company or the Site. Furthermore, the Company is not responsible for withholding taxes for earnings made through the Site or any third party who may be advertised or linked on the Site, regardless of the nationality or physical location of the Member.
• MEMBERSHIP FEES AND REFUNDS: Note that this term does NOT refer to COMMISSIONS paid to/from the Company, but only to REGISTRATION AND MONTHLY FEES. These fees are waived forever for all Founding Members (the first 55 million Members to register with the Company). Membership fees/refund policy for individuals and business entities joining after Founding Member positions have been filled out, will be determined at a later date and published before we approach this level.
• Although Members may join free of charge, the Company may, at its sole discretion, suspend or terminate any Member account. The Site is geared to provide various income opportunities for Members, however such environment is moderated under strict legal and ethical supervision, in order to protect and support our end goal which is SATISFIED CUSTOMERS.
• The Company will attempt to open its income opportunities to as many countries and states worldwide, but certain localities might be blocked from participation at the Company’s sole discretion. If you feel that your country or state has been blocked unjustly, please contact our Help Center.
• You agree to assume full responsibility for your decision to use the Site’s affiliated services. The Company offers the Site “as-is” and disclaims any implied warranties including warranties for merchantability, fitness for a particular purpose, and non-infringement.
• You agree that in no event will the Company be liable to You for any special, incidental or consequential damages.
• It is expressly understood that You and the Company are, in all respects, independent parties to a contract. This agreement does not create a relationship of principal and agent and neither party is to be construed as the legal representative of the other. Nothing contained in this agreement shall be construed to create a relationship of employer or employee, partnership, or joint venture, fiduciary or similar relationship between You and the Company, for any reason whatsoever. Consistent with the parties' status as independent contracting parties:

• You agree that You are responsible to obtain all relevant licenses and permits associated with the legal operation of your enterprise. Furthermore, You agree to indemnify and hold the Company harmless for any damages or costs incurred as a result of your violation of any law, regardless of whether they are actual, incidental, consequential, or punitive.
• If You send (or cause to be sent) messages by electronic means (including but not limited to email and instant messages) in connection with the direct or indirect promotion of the Company products, then You represent and warrant the following:

• This reputation of the industry and the Site is very important to the Company and it will stand for nothing but the best representation of the Technology, the industry, its Members and its Customers. The business opportunity that You have to market using the Company's name and branding is a privilege, not a right. You understand that the Company, in its sole discretion, may suspend Your Account(s) if the Company has reason to believe that You have been involved with any of the following conduct that is related in any manner to the Company or its Customers:

• Following the suspension of a Member’s account as outlined above, the Company will review conduct that appears to violate the Terms. This review will be conducted in a manner decided by the Company. You agree to cooperate with this review. If the review concludes that there is a reasonable basis to believe actionable misconduct has occurred, the Company may cancel your Membership  without refunds of any sort. The Company may also pursue other remedies as allowed by law.
• You understand that the Company may freely assign or otherwise transfer any or all of the rights and obligations described under the Terms without your consent and without notice to You.
• You agree that if any provision of this the Terms is declared or determined by any court to be illegal or invalid, the validity of the remaining parts, Terms or provisions shall not be affected by that determination and the illegal or invalid part, term or provision shall not be deemed to be part of the Terms.
• You understand that the Site is provided as-is to You and to potential buyers without any promise for income potential, longevity, functionality, Customer satisfaction, or any other promise whether explicit or implied.
• The Company and its executives strongly believe in the general integrity of the industry. However no part of the Company may be interpreted as a direct endorsement of any specific Technology, Provider, product or service, whether explicit or implied. This Site is a shopping catalog with an automated referral system – but not an endorsement system or campaign.
• The Company may delete or remove Providers, ads, services or products from the Site at any time without cause or warning to Members or Customers.
• Membership is an honorary status, providing the Member with access to unique Technology in order to explore its boundaries and possibilities, and exchange his/her findings with other End Users and the general public. In the general scope of the Site it is permissible and agreeable to generate extra income selling related products to others or to voluntarily help others benefit from 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 termination of Membership and access, as well as possible legal action submitted against the offender.
• The Terms are not presented to You as training on how to use your Membership; such training, including instructions on properly using your Membership, Provider tools and Affiliate tools may be available to You once You log into your Members-only area of the web site. However, in case of any contradiction between any on-line or off-line training and the Terms, the legally binding document would be the Terms.

SECTION F: DISCUSSION AND SOCIAL NETWORKING

• You may view, download for caching purposes only, and print pages or graphics from the Forum/Social Network for your own personal use, subject to the restrictions set out below and elsewhere in the Terms and Conditions.
• Access to certain areas of the Forum/Social Network, including access to post materials and messages, is restricted to registered Users of the Forum/Social Network.
• You are responsible for any activity that occurs under your screen name.
• You must be 18 years and older to register as a User of the Forum/Social Network. By applying to become a registered User, you to warrant that you are at least 18 years of age.
• You warrant that all the information you provide to us as part of the registration procedure is true, accurate, fair and complete.
• You acknowledge that the Company may refuse to permit, or may insist that you change, any username that impersonates another person.
• Registered users must keep their username and password(s) secure AND CONFIDENTIAL.
• You must not abuse, harass, threaten, impersonate or intimidate other Forum/Social Network users or any other Site users or Members.
• You must not use the Forum/Social Network to ridicule or bad mouth the Technology, the industry, the Company, its related companies, other Members, Providers, Partners, Customers or other related parties and staff members, or any part of the Site. Spreading negative word of mouth about any of the above individuals or entities, misleading, manipulating, or in any way spreading information considered to harm the good reputation of any of the above, would result in immediate termination of User access, as well as possible legal action submitted against the offender.
• You must not use the Forum/Social Network in any way that causes, or may cause, damage to the Forum/Social Network or impairment of the availability or accessibility of the Forum/Social Network; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You shall comply with all applicable laws regarding online conduct and acceptable content (including but not limited to copyright laws).
• You are solely responsible for your conduct and Your User Content that you submit, post, and display on the Forum/Social Network service. Any loss of, or damage to, data is not the responsibility of the Company or the Site administrator or any other Company staff. Use of the Forum/Social Network is at your own risk.
• The Forum/Social Network is intended for personal use only. You must not reproduce, duplicate, copy or otherwise exploit material on the Forum/Social Network for a commercial purpose.
• You must not modify, adapt or hack the Forum/Social Network or modify another Forum or Social Network so as to falsely imply that it is associated with the Site or the Company.
• You must not use the Forum/Social Network to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
• You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Forum/Social Network without the Company's express written consent.
• You must not use the Forum/Social Network to transmit or send unsolicited commercial communications, or any type of unwanted email ('Spam') to any User or Member of the Site, or to any other discussion forum or social network.
• You must not use the Forum/Social Network for any purposes related to marketing without the Company's express written consent.
• You must not republish or redistribute material from the Forum/Social Network (including republication on another the Forum/Social Network) without prior written consent of the Company, except for content specifically and expressly made available for redistribution, such as our newsletter.
• You must not sell, rent or sub-license material from the Forum/Social Network.
• You must not show any material from the Forum/Social Network in public.
• Violation of any of these Terms will result in the termination of your Forum/Social Network account. While the Company prohibits such conduct and content on its Forum/Social Network, you understand and agree that the Company shall not be held responsible for the Content posted on the Site and, despite our best efforts, You may be exposed to such (prohibited, unlawful or harmful) materials and that You use the Forum/Social Network service at your own risk.
• The Company reserves the right to modify or terminate the Forum/Social Network service or any part of it for any reason, without notice at any time.
• The Company reserves the right to refuse service or use of the Forum/Social Network to anyone for any reason at any time. The Company may disable usernames and passwords, delete accounts, and delete any information associated with an account, in the Company's sole discretion without notice or explanation.

 End of Terms and Conditions.