TERMS AND CONDITIONS
Instant Online Success Terms and Conditions: This Agreement for the Sale of Goods ("Agreement") made and effective this June 1, 2000, by and between Instant Online Success ("Seller") and User ("Buyer"). Seller desires to sell to Buyer, and Buyer desires to purchase from Seller, certain intangible property. NOW, THEREFORE, in consideration of the mutual promises herein contained, the parties hereto agree as follows: 1. Sale. Seller agrees to sell, transfer and convey to Buyer, and Buyer agrees to purchase the following intangible personal property (the "Goods"): Instant Online Success System. 2. Price. Buyer shall pay Seller for the Goods the sum of twenty-nine dollars and ninety-nine cents ($29.99). Buyer shall make payment of the purchase price in full prior to the delivery of the Goods by Seller as provided herein. In the event that the purchase price is not timely paid, in addition to its other remedies, Seller may impose, and Buyer shall pay, a late payment charge equal to one percent (10%) of the overdue amount each month. 3. Delivery of Goods. Seller shall deliver the goods to Buyer as follows: Viewable from online webpage. Buyer shall be solely responsible for the delivery of the Goods. In the event that the Goods are not delivered to the buyer with 24 hours, Buyer agrees to contact Seller at info@instantonlinesuccess.com to request Goods be sent again. If Buyer sends no email within 24 hours, Seller assumes delivery of Goods has been made and is held harmless from future claims of non-delivery of goods. 4. Chargeback Policy. Buyer agrees that in the event of a chargeback via Buyers' Credit Card Company or bank, Buyer will be responsible for the full purchase price described above as well as a chargeback fee of $35.00. In the event that Buyer fails to pay the full purchase price plus the chargeback fee, Buyer also agrees to be responsible for all fees associated with collection of this debt including but not limited to collection fees, court cost, and legal fees. Seller can utilize any legal method available to collect monies due to Seller such as but not limited to collection companies, small claims court, wage garnishment and legal judgements. Buyer agrees that the state of Indiana shall govern all legal proceedings regarding collection of monies due to Seller. 5. Legal Signature. By purchasing the Instant Online Success System, Buyer is digitally signing all terms and conditions stated within this agreement. This digital signature is equivalent to a printed signature and completes this contract between Buyer and Seller. 6. Warranty. Seller warrants that it is the owner of the Goods or otherwise has the right sell the Goods and otherwise perform Seller's obligations set forth in this Agreement and neither knows, nor has any reason to know of the existence of any outstanding title or claim of title hostile to the rights of Seller in the Goods. EXCEPT AS SET FORTH HEREIN, SELLER MAKES NO WARRANTY TO BUYER WITH RESPECT TO THE GOODS, AND BUYER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 7. Refund Policy. Sellers' refund policy is as follows. Buyer agrees to this refund policy by purchasing the Instant Online Success System. Buyer also agrees that Seller has sole discretion over refund policy and procedures and shall at any time cancel the refund policy if Buyer violates any portion of these terms and conditions. "We personally guarantee that if you use the system in The Instant Online Success System™ you will have learned exactly what we do to make up to $500 to $1,500 per day, just like we said.” If after 30 days, we have not delivered on this promise, we'll refund the money. Period. There's only one condition. You have to put the system to work. We want you to have the life you always wanted. Take the step and go for it!" When you purchase the Instant Online Success System™ you will receive instant access to a web page that has the Instant Online Success System™ on it. Due to this, you can read the information and after doing do so; you will have the information, DELIVERED to you, that shows you how we make $1,500 a day. With that in mind, Sellers guarantee is met and no claim for a refund can be made once delivery of the Goods has been made. Seller may from time to time at its sole discretion refund Buyers money if Buyer can show complete proof that the Goods were put to use and Buyer failed. In the event that Seller will consider such a refund, Seller has the final determination of Buyers eligibility of a refund. Seller may also require Buyer to provide complete proof of the Goods use any way Seller sees fit. If Buyer chooses to become a Instant Online Success Affiliate but the Instant Online Success Affiliate Program is unavailable, Buyer shall use an alternative equally high converting product to promote In it’s place. 8. Limitation of Liability. In no event shall Seller be liable for any special, indirect, incidental or consequential damages arising out of or connected with this Agreement or the Goods, regardless of whether a claim is based on contract, tort, strict liability or otherwise, nor shall Buyer's damages exceed the amount of the purchase price of the Goods. By purchasing the Instant Online Success System, you understand and agree that Seller shall not be liable to Customer or any third party for any direct, indirect, special, consequential, or incidental damages (including but not limited to damages for loss of business profits, business interruption, loss of business or personal information, and the like), arising out of the use of the Instant Online Success System purchased from Seller. 9. Copyright Agreement. By purchasing the Instant Online Success System from Seller, you understand and agree that you will not in any manner copy, transfer, and/or publish any section (s) of a web page/pages found on/in the web sites of http://www.instantonlinesuccess.com nor will you make any profits from the web sites (http://www.instantonlinesuccess.com) in any way other than as exactly directed in the Instant Online Success System. Any violation of this Copyright Agreement is punishable by a penalty up to $50,000 USD. 10. Notices. Any notice required by this Agreement or given in connection with it, shall be in writing and shall be given to the appropriate party by personal delivery or by certified mail, postage prepaid, or recognized overnight delivery services. If to Seller: Instant Online Success PO Box 6851 South Bend, IN 46660 United States of America If to Buyer: User User's Address 11. Governing Law. This Agreement shall be construed and enforced in accordance with the laws of the state of Indiana. 12. Final Agreement. This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. This Agreement may be modified only by a further writing that is duly executed by both parties. 13. Severability. If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included. 14. Headings. Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent. 15. Disputes. By purchasing the Instant Online Success System, you understand and agree that should any disputes arise, you will resolve them through arbitration rather that the court system. You also agree that before taking any action to contact a third party arbitrator, you will first contact Seller by e-mail at billing@instantonlinesuccess.com in an effort to resolve the conflict with Seller before any third party is ever involved. If a third party arbitrator is contacted regarding any dispute prior to contacting Seller about the same dispute, you agree that such arbitration is invalid and must be halted as it would be a breach of contract according the these terms and conditions. You understand and agree that arbitration may only occur after you have contacted Seller about the conflict and have received from Seller a confirmation e-mail (from billing@instantonlinesuccess.com) response that arbitration is the next course of action due to the unresolved nature of the immediate dispute. 16. Responsibility. By purchasing the Instant Online Success System from Seller, you understand and agree that Seller is not responsible for your advertising costs and does not cover such expenses. Additionally, you understand and agree that Seller is not responsible for other payments you make in conjunction with the Instant Online Success System, as these are solely your non-mandated choice in building and expanding on your financial endeavours. Furthermore, you understand and agree that any income you make using the Instant Online Success System is subject to taxation by the appropriate authorities and governments, and that you and you alone are solely responsible for reporting your wages and paying taxes. You understand and agree that Seller shall not be in any way responsible for your tax reports and/or payments as the Instant Online Success System does not make you an employee of Seller, but an independent business affiliate. 17. Income Not Guaranteed. By purchasing the Instant Online Success System from Seller, you understand and agree that income never was and never will be "guaranteed." You understand and agree that this is not a franchise and that the amount of money you make is solely dependent upon your own efforts as a business affiliate, ability to implement the Instant Online Success System, and multiple other factors present in your marketing campaigns. You furthermore understand and agree that Seller is not responsible for the income you make, or lack thereof. Seller is NOT responsible for advertising, other cost and individual Income Tax. CONFIDENTIALITY AGREEMENT This Confidentiality Agreement ("Agreement") is made and effective the June 1, 2000 by and between Instant Online Success ("Owner") and User ("Recipient"). 1. Confidential Information. Owner proposes to disclose certain of its confidential and proprietary information (the "Confidential Information") to Recipient. Confidential Information shall include all data, materials, products, technology, computer programs, specifications, manuals, business plans, software, marketing plans, financial information, and other information disclosed or submitted, orally, in writing, or by any other media, to Recipient by Owner. Confidential Information disclosed orally shall be identified as such within five (5) days of disclosure. Nothing herein shall require Owner to disclose any of its information. 2. Recipient's Obligations. A. Recipient agrees that the Confidential Information is to be considered confidential and proprietary to Owner and Recipient shall hold the same in confidence, shall not use the Confidential Information other than for the purposes of its business with Owner, and shall disclose it only to its officers, directors, or employees with a specific need to know. Recipient will not disclose, publish or otherwise reveal any of the Confidential Information received from Owner to any other party whatsoever except with the specific prior written authorization of Owner. B. Confidential Information furnished in tangible form shall not be duplicated by Recipient except for purposes of this Agreement. Upon the request of Owner, Recipient shall return all Confidential Information received in written or tangible form, including copies, or reproductions or other media containing such Confidential Information, within ten (10) days of such request. At Recipient's option, any documents or other media developed by the Recipient containing Confidential Information may be destroyed by Recipient. Recipient shall provide a written certificate to Owner regarding destruction within ten (10) days thereafter. 3. Term. The obligations of Recipient herein shall be effective of ten (10) years from the date Owner last discloses any Confidential Information to Recipient pursuant to this Agreement. Further, the obligation not to disclose shall not be affected by bankruptcy, receivership, assignment, attachment or seizure procedures, whether initiated by or against Recipient, nor by the rejection of any agreement between Owner and Recipient, by a trustee of Recipient in bankruptcy, or by the Recipient as a debtor-in-possession or the equivalent of any of the foregoing under local law. 4. Other Information. Recipient shall have no obligation under this Agreement with respect to Confidential Information which is or becomes publicly available without breach of this Agreement by Recipient; is rightfully received by Recipient without obligations of confidentiality; or is developed by Recipient without breach of this Agreement; provided, however, such Confidential Information shall not be disclosed until thirty (30) days after written notice of intent to disclose is given to Owner along with the asserted grounds for disclosure. 5. No License. Nothing contained herein shall be construed as granting or conferring any rights by license or otherwise in any Confidential Information. It is understood and agreed that neither party solicits any change in the organization, business practice, service or products of the other party, and that the disclosure of Confidential Information shall not be construed as evidencing any intent by a party to purchase any products or services of the other party nor as an encouragement to expend funds in development or research efforts. Confidential Information may pertain to prospective or unannounced products. Recipient agrees not to use any Confidential Information as a basis upon which to develop or have a third party develop a competing or similar product. 6. No Publicity. Recipient agrees not to disclose its participation in this undertaking, the existence or terms and conditions of the Agreement, or the fact that discussions are being held with Owner. 7. Governing Law and Equitable Relief. This Agreement shall be governed and construed in accordance with the laws of the United States and the State of Indiana and Recipient consents to the exclusive jurisdiction of the state courts and U.S. federal courts located there for any dispute arising out of this Agreement. Recipient agrees that in the event of any breach or threatened breach by Recipient, Owner may obtain, in addition to any other legal remedies which may be available, such equitable relief as may be necessary to protect Owner against any such breach or threatened breach. 8. Final Agreement. This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. This Agreement may be modified only by a further writing that is duly executed by both parties. 9. No Assignment. Recipient may not assign this Agreement or any interest herein without Owner's express prior written consent. 10. Severability. If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included. 11. Notices. Any notice required by this Agreement or given in connection with it, shall be in writing and shall be given to the appropriate party by personal delivery or by certified mail, postage prepaid, or recognized overnight delivery services. 12. No Implied Waiver. Either party's failure to insist in any one or more instances upon strict performance by the other party of any of the terms of this Agreement shall not be construed as a waiver of any continuing or subsequent failure to perform or delay in performance of any term hereof. 13. Headings. Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent. If you have any questions or comments about the Instant Online Success Terms and Conditions, please do not hesitate to contact us using the Contact Us page of this Web site. Or alternatively send email directly to Info@instantonlinesuccess.com or Billing@instantonlinesuccess.com This Terms and Conditions was last updated in March, 2010.
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