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ResellPal User
Agreement
Welcome to the
user agreement which is the official "Agreement" or "User Agreement" for
ResellPal/ResellPal.com. This agreement thoroughly describes the terms and
conditions which must be followed to use any ResellPal's services, products,
items and any other content. If you do not agree to be fully bound to agreement
you are not permitted in any way or form to access our website, products, items
and any other content from our company.
ResellPal, ResellPal.com and 2-Dynamic may be used throughout the
user agreement.
Basic ResellPal Rules
which all members must obey:
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Respect and
follow local laws of your city, state or
province, and country which may govern over
some aspects of which ResellPal may offer or
by communicating with others.
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Follow minimum
pricing and packaging guidelines and follow
rights guidelines for each and very
resellable or other item which ResellPal may
offer.
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Respect the
services which ResellPal offers, do not
abuse them.
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SPAMMING IS
STRICTLY PROHIBITED, any member
found doing so will immediately be removed
from ResellPal without a refund, reported to
authorities, and submitted to Internet Spam
prevention agencies. All our software and
services monitor for spam.
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Any fraud, scam,
or other items being sold or using
ResellPal's services is strictly prohibited
and will be dealt with accordingly.
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Any violation of
these rules may result in a warning or
permanent removal from ResellPal, if the
violation is serious it may result in
authorities being involved.
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END USER LICENSE AGREEMENT
Usage License Agreement for ResellPal's services. Please note that
you are given resell rights to certain products and different
licenses for different sections of ResellPal, this agreement applies
to ResellPal's members area, software, content, and also covers the
entire website and all of its files.
IMPORTANT- PLEASE READ CAREFULLY: BY INSTALLING AND USING THE
SOFTWARE/SERVICE (AS DEFINED BELOW), COPYING THE SOFTWARE AND/OR
CLICKING ON THE 'ACCEPT' BUTTON BELOW, YOU (EITHER ON BEHALF OF
YOURSELF AS AN INDIVIDUAL OR ON BEHALF OF AN ENTITY AS ITS
AUTHORIZED REPRESENTATIVE) AGREE TO ALL OF THE TERMS OF THIS END
USER LICENSE AGREEMENT ('AGREEMENT') REGARDING YOUR USE OF THE
SOFTWARE. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS
AGREEMENT, CLICK ON THE 'NO' BUTTON. THIS WILL CANCEL THE
INSTALLATION.
1. GRANT OF LICENSE: Subject to the terms below, ResellPal
hereby grants you a non-exclusive, non-transferable license to
install and to use ResellPal ('Software').
Under this license, you may: (i) install and use the Software on a
single computer for your personal, internal use (ii) copy the
Software for back-up or archival purposes. (iii) You may not
distribute the software to others without first obtaining the
required licenses, where applicable.
Whether you are licensing the Software as an individual or on behalf
of an entity, you may not: (i) reverse engineer, decompile, or
disassemble the Software or attempt to discover the source code;
(ii) modify, or create derivative works based upon, the Software in
whole or in part without the express written consent of ResellPal;
(iii) distribute copies of the Software; (iv) remove any proprietary
notices or labels on the Software; (v) resell, lease, rent,
transfer, sublicense, or otherwise transfer rights to the Software.
2. TITLE: You acknowledge that no title to the intellectual
property in the Software is transferred to you. Title, ownership,
rights, and intellectual property rights in and to the Software
shall remain that of ResellPal . The Software is protected by
copyright and patent laws of the United States and international
treaties.
3. DISCLAIMER OF WARRANTY:
YOU AGREE THAT ResellPal HAS MADE NO EXPRESS WARRANTIES, ORAL OR
WRITTEN, TO YOU REGARDING THE PRODUCTS AND THAT THE PRODUCTS ARE
BEING PROVIDED TO YOU 'AS IS' WITHOUT WARRANTY OF ANY KIND.
ResellPal DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESSED,
IMPLIED, OR STATUTORY. YOUR RIGHTS MAY VARY DEPENDING ON THE STATE
IN WHICH YOU LIVE.
ResellPal SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL,
COVER, RELIANCE, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF
THIS PRODUCT.
5. LIMITATION OF LIABILITY: You
use this program solely at your own risk.
IN NO EVENT SHALL ResellPal BE LIABLE TO YOU FOR ANY DAMAGES,
INCLUDING BUT NOT LIMITED TO ANY LOSS, OR OTHER INCIDENTAL, INDIRECT
OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OF THE
SOFTWARE, EVEN IF ResellPal HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. IN NO EVENT WILL ResellPal BE LIABLE FOR ANY CLAIM,
WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY, EXCEED
THE COST OF THE SOFTWARE. THIS LIMITATION SHALL APPLY TO CLAIMS OF
PERSONAL INJURY TO THE EXTENT PERMITTED BY LAW.
6. TERMINATION: This Agreement
shall terminate automatically if you fail to comply with the
limitations described in this Agreement. No notice shall be required
to effectuate such termination. Upon termination, you must remove
and destroy all copies of the Software.
7. MISCELLANEOUS:
Severability.
In the event of invalidity of any provision of this Agreement, the
parties agree that such invalidity shall not affect the validity of
the remaining portions of this Agreement.
Export.
You agree that you will not export or re-export the Software outside
of the jurisdiction in which you obtained it without the appropriate
United States or foreign government licenses.
Governing Law.
This Agreement will be governed by the laws of the Ontario, Canada
of as they are applied to agreements between residents entered into
and to be performed entirely within . The United Nations Convention
on Contracts for the International Sale of Goods is specifically
disclaimed.
Entire Agreement.
You agree that this is the entire agreement between you and
ResellPal, which supersedes any prior agreement, whether written or
oral, and all other communications between ResellPal and you
relating to the subject matter of this.
1. Content
The author reserves the right not to be responsible for the topicality, correctness,
completeness or quality of the information provided. Liability claims regarding
damage caused by the use of any information provided, including any kind
of information which is incomplete or incorrect, will therefore be rejected.
All offers are not-binding and without obligation. Parts of the pages or the complete
publication including all offers and information might be extended, changed
or partly or completely deleted by the author without separate announcement.
2. Referrals and links
The author is not responsible for any contents linked or referred to from his pages - unless he has full knowledge of illegal contents and would be able to prevent the visitors of his site from viewing those pages.
If any damage occurs by the use of information presented there, only the author of the respective pages might be liable, not the one who has linked to these pages. Furthermore the author is not liable for any postings or messages published by users of discussion boards, guest books or mailing lists provided on his page.
3. Copyright
The author intended not to use any copyrighted material for the publication or, if not possible, to indicate the copyright of the respective object.
The copyright for any material created by the author is reserved. Any duplication or use of objects such as diagrams, sounds or texts in other
electronic or printed publications is not permitted without the author's agreement.
4. Privacy policy
If the opportunity for the input of personal or business data (email addresses, name, addresses) is given, the input of these data takes place voluntarily. The use and payment of all offered services are permitted - if and so far technically possible and reasonable - without specification of any personal data or under specification of anonymized data or an alias.
The use of published postal addresses, telephone or fax numbers and email addresses for marketing purposes is prohibited, offenders sending unwanted spam messages will be punished.
EARNINGS DISCLAIMER Every effort has been made to
accurately represent this product and it's 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 securities litigation reform act of 1995.
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 else's, in fact no guarantees are made that you will
achieve any results from our ideas and techniques in our material.
RESELLPAL AFFILIATE PROGRAM AGREEMENT
This agreement describes the entire
terms and conditions for participation in the ResellPal, ResellPal
Affiliate Program.
In this agreement, the term
"Affiliate" refers to you (the applicant). Wherever the agreement
refers to "you" or "your", it means "the Affiliate"; "we" or "our"
refers to ResellPal, 2-Dynamic Co.
Affiliate Site
Our Affiliate program and
software will create a unique protected link for you to promote and
gain commissions from ResellPal.
Commissions
ResellPal offers a 30-Day Trail
Period. If the member does not cancel within this time you are given
the commission on the 31st day of their signup. If they cancel
before the 30-Day period is over you are not given a commission for
that member.
You will receive a set commission
for every UNIQUE sale you make. You will keep on receiving the
commission of the payment every month as long as that member stays
an active paying member of ResellPal. Members who cancel their
membership will have the commission of the month when they cancelled
their membership removed from your record and payout.
Payment
PayPal will be used to send your
monthly commission every month. There is no minimum amount of
affiliate balance in order to receive payment.
Order Fulfillment
ResellPal, 2-Dynamic Co. will be
solely responsible for processing every order placed by a customer
on the Affiliate Site. You are not authorized to sell any of these
products from your site as a "reseller" and no "resale" rights are
granted in ANY way on these products unless otherwise noted.
Customers
Customers who purchase products
and services through the Affiliate Program will be deemed to be
customers of ResellPal, 2-Dynamic Co. Accordingly, all rules,
policies, and operating procedures concerning customer orders and
service will apply to those customers. We may change our policies
and operating procedures at any time. Prices and availability of our
products and services may vary from time to time. ResellPal,
2-Dynamic Co. policies will always determine the price paid by the
customer.
Qualification for Commissions
Affiliates must have an active
link from their website to their Affiliate link in order to qualify
for commissions.
Qualifying Sites
ResellPal, 2-Dynamic Co. reserves
the right not to accept any site into the Affiliate Program based on
site content. Sites that Do Not Qualify for the Affiliate Program
include sites which:
· Promote sexually explicit
materials
· Promote violence
· Promote discrimination based on
race, sex, religion, nationality, disability, sexual orientation, or
age
· Promote illegal activities
· Violate intellectual property
rights
Unsolicited Commercial Email or
SPAM
ResellPal, 2-Dynamic Co. in no
way participates in mass unsolicited emailing (i.e. spamming), and
all Affiliates are expected to adhere to this policy as well.
Violation of this policy will result in the termination of this
contract and immediate dismissal from the ResellPal, ResellPal
Affiliate Program, with no refund.
Bottom line: If you spam you’re
out!
Relationship of Parties
You and we are independent
contractors, and nothing in this Agreement will create any
partnership, joint venture, agency, franchise, sales representative,
or employment relationship between the parties. You will have no
authority to make or accept any offers or representations on our
behalf. You will not make any statement, whether on your site or
otherwise, that reasonably would contradict this statement.
Term and Termination
The term of this Agreement will
begin when you accept and will end when terminated by either party.
Either ResellPal, 2-Dynamic Co. or you may terminate this Agreement
at any time, with or without cause or notice. Upon the termination
of this Agreement for any reason, all licenses granted hereunder
shall immediately terminate and you will immediately cease use of,
and remove from Affiliate's Web Site, all links to the ResellPal,
2-Dynamic Co. Site, and all ResellPal, 2-Dynamic Co. trademarks and
logos, other ResellPal, 2-Dynamic Co. Marks and all other materials
provided in connection with this Agreement.
We may reject your application or
terminate you if we determine (in our sole discretion) that your
site is unsuitable for the Program for any reason, including,
harmful, threatening, defamatory, obscene, sexually explicit
harassing, or racially, ethically, or otherwise objectionable, such
as sites that:
· Promote sexually explicit
materials;
· Promote violence;
· Promote discrimination based on
sex, religion, nationality, disability, sexual orientation, or age;
· Promote illegal activities; or
· Infringe or otherwise violate
any copyright, trademark, or other intellectual property rights.
Limitation of Liability
We will not be liable for
indirect, special, or consequential damages (or any loss of revenue,
profits, or data) arising in connection with this Agreement or the
Program, even if we have been advised of the possibility of such
damages. Further, our aggregate liability arising with respect to
this Agreement and the Program will not exceed the total commissions
paid or payable to you under to this Agreement.
Disclaimers
We make no express or implied
warranties or representations with respect to the Affiliate Program
or your potential to earn income from the Affiliate Program. In
addition, we make no representation that the operation of our site
or the Affiliate links will be uninterrupted or error-free, and we
will not be liable for the consequences of any interruptions or
errors.
Disputes
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: Wooster,
Ohio. Any 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:
Wooster, Ohio, 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. Mediation will
be shared equally by each of us.
Assignment
You may not assign this
Agreement, by operation of law or otherwise, without our prior
written consent. Subject to that restriction, this Agreement will be
binding on, inure to the benefit of, and enforceable against the
parties and their respective successors and assigns.
Miscellaneous
Our failure to enforce your
strict performance of any provision of this Agreement will not
constitute a waiver of our right to subsequently enforce such
provision or any other provision of this Agreement.
If any of the provisions of this
Agreement are determined by a court to be unenforceable, they shall
be severed from this Agreement, and the remaining provisions shall
remain in full force and effect.
By signing up with PayPal, you
acknowledge that you have read this agreement and agree to all its
terms and conditions. You have independently evaluated this program
and are not relying on any representation, guarantee or statement
other than as set forth in this agreement.
FORUM, CHAT & MEMBER COMMUNICATION AGREEMENT Message
boards/chatrooms are like any other organized gathering of people;
there are rules of etiquette that everyone is expected to follow. We
aim to foster the widest possible range of different, vibrant
discussions with diverse viewpoints. In light of this goal, your
experience is bound only by a set of common sense rules that ask you
to be civil and show respect for others when you are online.
You agree, through your use of this ResellPal Community/Forum/Chat,
that you will not post any material which is false, defamatory,
inaccurate, abusive, vulgar, hateful, harassing, obscene, profane,
sexually oriented, threatening, invasive of a person's privacy, or
otherwise in violation of ANY law.
This is not the place for the airing of personal vendettas with
other people, the naming of other people you may have an on going
disagreement with or the identification of those other people by
inference.
Legal actions can be taken against you by anyone named or referred
to in this way.
You also agree not to post any copyrighted material unless you
own the copyright or you have consent from the owner of the
copyrighted material. Spam, flooding, advertisements, chain letters,
pyramid schemes, and solicitations are also inappropriate to this
ResellPal Community/Forum/Chat.
Note that it is impossible for the ResellPal Community/Forum/Chat to
confirm the validity of posts on this forum/chat room. Please
remember that the messages are not monitored before they are posted
and the ResellPal Community/Forum/Chat is not responsible for the
content of the messages.
The site does not warrant the accuracy, completeness or usefulness
of any information presented. The messages express the views of the
author, are not necessarily the views of the ResellPal
Community/Forum/Chat.
Anyone who feels that a posted message is objectionable is
encouraged to notify the administrator of this forum immediately.
The ResellPal Community/Forum/Chat has the right to remove
objectionable content, within a reasonable time frame, if it is
thought that removal is necessary. This is a manual process however,
so please realize that we may not be able to remove or edit
particular messages immediately. This policy goes for member profile
information as well.
You remain solely responsible for the content of your messages, and
you agree to indemnify and hold harmless this forum/chat room, and
any related websites to this forum/chat room. The ResellPal
Community/Forum/Chat also reserves the right to reveal your identity
(or any information we have about you) in the event of a complaint
or legal action arising from any information posted by you.
You have the ability, as you register, to choose your username. We
advise that you keep the name appropriate. With this user account
you are about to register, you agree to never give your password out
to another member, for your protection and for validity reasons. You
also agree to NEVER use another member's account to post messages or
browse this forum/chat room.
After you register and log into the ResellPal Community/Forum/Chat,
you can fill out a detailed profile. It is your responsibility to
present clean and accurate information. Any information we deem
inaccurate or vulgar will be removed.
Please note that with each post, your IP address is recorded, in the
event that you need to be banned from this ResellPal
Community/Forum/Chat or your ISP contacted. This will only happen in
the event of a major violation of this agreement.
Thank you for agreeing to these terms and joining the ResellPal
Community/Forum/Chat.
If any items on the site offend anyone please contact the site as
soon as possible.
All rights not expressly granted in this Agreement are reserved by
ResellPal.
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