Terms & Conditions
Negative Option
I understand that this consumer transaction involves a negative
option, and I may be liable for payment of future goods and services
under the terms of this agreement if I fail to notify the supplier
not to supply the goods or services described. For future purchases,
audiovideomix.com reserves the right to make modifications and
changes at any time, to these terms and conditions that are deemed
necessary, without prior notification.
Your Use of This Website is Governed by These Terms and Conditions
Please take a few minutes to review these Terms and Conditions. Your
use of this website constitutes your agreement that you are at least
18 years of age, and your agreement to follow these rules and to be
bound by them. If you do not agree with any of these Terms and
Conditions, do not use the audiovideomix.com website.
These Terms and Conditions May Change
audiovideomix.com reserves the right to update or modify these Terms
and Conditions at any time without prior notice. If at any time you
deem the modification to be unacceptable to you, termination of this
agreement is your only recourse. Your use of this website following
any such change constitutes your agreement to follow and be bound by
the Terms and Conditions as changed. For this reason, we encourage
you to review these Terms and Conditions whenever you use this
website.
Disclaimer of Warranties and Liability
This Site is for informational purposes only, and is intended to
provide helpful and informative material on the subjects addressed.
audiovideomix.com does not provide legal, financial, or any other
kind of professional advice or services. To make sure that
information or suggestions on this site fit your particular
circumstances, you should consult with an appropriate professional
before taking action based on any suggestions or information on this
site. audiovideomix.com does not control the content of your credit
reports, which are based on your past or historical credit behavior,
and we cannot change that information for you. Neither you nor
anyone else has the right to have accurate and current information
removed from your credit report. However, if information in your
report is inaccurate, you have the right to dispute it by contacting
the credit bureau. We provide additional information about
contacting the credit bureaus elsewhere on the Site.
Information and products offered by audiovideomix.com and others
through this Site are provided "as is" and without any express or
implied warranty or representation of any kind, including warranties
of merchantability, fitness for a particular purpose, or
non-infringement. audiovideomix.com makes no representation
concerning, nor does it warrant or guaranty the correctness,
comprehensiveness, completeness, accuracy, timeliness,
merchantability, or fitness for any particular use or purpose of any
information, products, or services offered by audiovideomix.com and
others through this Site. In no event will audiovideomix.com be
liable to any party for any damages of any kind, including but not
limited to direct, indirect, special or consequential damages, for
any use of this Site or any linked site including, without
limitation, lost profits, loss of use, business interruption, loss
of programs or other data, or failure to achieve any particular
result, whether in an action based on contract, negligence, other
tort, or strict liability, even if audiovideomix.com is expressly
advised of the possibility of those types of damages. Some
jurisdictions do not allow the exclusion or limitation of warranties
or damages in certain types of agreements, so the above exclusions
or limitations may not apply to you.
Definitions
As used in this Agreement, the following definitions will apply:
"Agreement" shall mean these Terms and Conditions (including any
terms incorporated by hyperlink). "Client", "I", "you" or "your"
shall mean the person or persons using, or subscribing to this
website. "We", "us", "the company" or "our", shall mean
audiovideomix.com and its owners. "Site" shall mean a World Wide Web
Site, and depending on the context, refers to the back office
administration web site, the sponsor's web site, or the affiliate's
web site.
Notification
These Terms and Conditions serve as your purchase agreement and are
notification of such.
Term of the Agreement
The period during which this Agreement will be in effect begins upon
your purchase of subscription, or success kit and will end when
terminated by either party. Either party may terminate the Agreement
at any time, with or without cause, by giving the other party 7
(seven) days written notice of termination. Either party may
terminate the Agreement immediately, without notice, if the other
party breaches any material term of the Agreement and the breach is
not corrected within 10 (ten) days of written notification. Upon the
termination of this Agreement, you must immediately cease use of our
site and any other materials provided to you in connection with this
Agreement, including any trademarks, trade dress and logos.
Charge backs and Reversals
We handle all charge backs and reversals as potential cases of
fraudulent use of our services and/or theft of services. In cases
where we have provided a service and we have verified that a client
has received a kit and/or received a password to our site(s),
whether or not they have used the site in any way, possible actions
taken by the company may include disabling access to your account,
filing a complaint with the Internet Crimes Bureau or local
authorities, or reporting the incident to the appropriate
authorities in your state to investigate theft of services. All
cases of chargeback requests will be vigorously fought by the
Company. Please be advised that all activity and IP address
information is being monitored on the site. This information may be
used in a civil and criminal case against a client if there is
fraudulent use or theft of services.
Copyright Notice
All of the Content you see and hear on the audiovideomix.com
website, including, for example, all of the page headers, images,
illustrations, graphics, audio clips, video clips and text, are
subject to trademark, service mark, trade dress, copyright and/or
other intellectual property rights or licenses held by
audiovideomix.com, one of its affiliates or by third parties who
have licensed their materials to audiovideomix.com.
The Content of this website, and the site as a whole, is intended
solely for personal, noncommercial use by the users of our site. You
may download, print and store selected portions of the Content,
provided you (1) only use these copies of the Content for your own
personal, non-commercial use, (2) do not copy or post the Content on
any network computer or broadcast the Content in any media, and (3)
do not modify or alter the Content in any way, or delete or change
any copyright or trademark notice.
No right, title or interest in any downloaded materials is
transferred to you as a result of any such downloading.
audiovideomix.com reserves complete title and full intellectual
property rights in any Content you download from this website.
Except as noted above, you may not copy, download, reproduce,
modify, publish, distribute, transmit, transfer or create derivative
works from the Content without first obtaining written permission
from audiovideomix.com.
Trademarks & Registered Trademarks
All logos and advertisements are or may be registered trademarks of
their respective owners. No relationship of any kind, expressed or
implied may exist between the Company and the owners of said
trademarks.
Registration; User Names and Passwords
You may be required to register with audiovideomix.com in order to
access certain areas of the Site. With respect to any such
registration, we may refuse to grant you, and you may not use, a
user name (or email address) that is already being used by someone
else; that may be construed as impersonating another person; that
belongs to another person; that violates the intellectual property
or other rights of any person; that is offensive; or that we reject
for any other reason in our sole discretion. You are responsible for
maintaining the confidentiality of any password you may use to
access the Site, and agree not to transfer your password or user
name, or lend or otherwise transfer your use of or access to the
Site, to any third party. You are fully responsible for all
interaction with the Site that occurs in connection with your
password or user name. You agree to immediately notify
audiovideomix.com of any unauthorized use of your password or user
name or any other breach of security related to your account or the
Site, and to ensure that you "log off"/exit from your account with
the Site (if applicable) at the end of each session. We are not
liable for any loss or damage arising from your failure to comply
with any of the foregoing obligations.
Privacy
Any personal data (for example, your name, address, telephone number
or e-mail address) you transmit to the Site by electronic mail or
otherwise will be used by audiovideomix.com in accordance with the
Site's Privacy Policy as posted. You represent and warrant that any
information you provide in connection with your use of the Site is
and shall remain true, accurate, and complete, and that you will
maintain and update such information regularly. You agree that if
any information you provide is false, inaccurate, obsolete or
incomplete, we may terminate your use of the Site.
Submissions
We welcome your comments regarding this website. However, any
comments, feedback, notes, messages, ideas, suggestions or other
communications (collectively, "Comments") sent to audiovideomix.com
shall be and remain the exclusive property of audiovideomix.com.
Your submission of any such Comments shall constitute an assignment
to audiovideomix.com of all worldwide rights, titles and interests
in all copyrights and other intellectual property rights in the
Comments. audiovideomix.com will be entitled to use, reproduce,
disclose, publish and distribute any material you submit for any
purpose whatsoever, without restriction and without compensating you
in any way. For this reason, we ask that you not send us any
comments that you do not wish to assign to us, including any
confidential information or any original creative materials such as
stories, product ideas, computer code or original artwork.
Disclaimers' General
The audiovideomix.com Businesses do not endorse nor make any
warranties or representations about the options or other service or
data you may access, download or us as a result of the use of the
information contained on the website, or about a website you may
access through this website. Links to other sites are provided for
convenience only. You need to make your own decisions regarding your
interactions or communications with any other website.
The audiovideomix.com Businesses make no representation that content
provided on this website is applicable or appropriate for use in
locations outside of the United States.
The audiovideomix.com Businesses assume no risk or responsibility
for your use of any of the content provided on this website.
In some cases, the owners, originators, founders, developers, and
marketers of this product may use a ‘pen name’ to allow for privacy
and confidentiality. Because we give valuable information away for
free, the same information that others sell for thousands of
dollars, we have made some industry ‘guru’s’ quite mad. This should
not be construed as an attempt to not disclose, but rather simply a
desire for privacy from an ever-growing threat of jealousy and
attack by our competitors. All testimonials and representations of
profits earned are real Actual names, website, addresses, etc. are
available by writing to our headquarters at the address below.
Limitation of Liability
Under no circumstances, shall the audiovideomix.com Businesses or
any of their employees, directors, officers, agents, vendors or
suppliers be liable for any direct or indirect losses or damages
arising out of or in connection with the use of or inability to use
this website.
This is a comprehensive limitation of liability that applies to all
losses and damages of any kind (whether general, special,
consequential, incidental, exemplary or otherwise, including,
without limitation, loss of data, income or profits), whether in
contract, negligence or other tortuous action, even if an authorized
representative of any audiovideomix.com Business has been advised of
or should have known of the possibility of such damages.
If you are dissatisfied with this website or any content on the
site, or with these terms and conditions, your sole and exclusive
remedy is to discontinue using this website. You acknowledge, by
your use of this website, that your use of the site is at your sole
risk.
Applicable law may not allow the limitation of liability set forth
above, so this limitation of liability may not apply to you. If any
part of this limitation on liability is found to be invalid or
unenforceable for any reason, then the aggregate liability of the
audiovideomix.com Businesses under such circumstances for
liabilities that otherwise would have been limited our maximum
aggregate liability to you arising by reason of this transaction
shall be the amount paid by you for the physical materials.
Indemnity
You agree to defend, indemnify and hold harmless us and our
directors, officers, agents, and employees for any and all costs,
fines, claims, damages, charges, or fees (including reasonable
attorney's and expert witness' fees) arising by reason of your
purchase or use of the web site or arising from: Any breach of the
agreement. Any claims arising from the sale or license of goods or
services promoted or made available through this program except
where limited by law. Our indemnity rights shall not be limited or
offset by any contributory negligence by us.
Electronic Records
I agree to the use of electronic records to evidence this agreement.
I understand that I have the right to not consent to the use of
electronic records by not transacting business with the company. In
such event, this will be null and void. My consent applies only to
this transaction. I hereby waive any objection I may have to the
companies use of electronic records in court should it be necessary
to enforce the terms of this agreement.
Consent to Binding Arbitration Before the American Arbitration
Association
By execution of this Agreement you hereby consent and agree that any
and all disputes that arise concerning this Agreement or any of the
terms of this Agreement, or that concern any aspect of the
relationship between Client and Company, shall be decided
exclusively in binding arbitration conducted by the American
Arbitration Association ('AAA'). Client and Company further consent
and agree that Client may file their complaint with the AAA in their
state, but that all AAA arbitration hearings shall be conducted in
Las Vegas, NV, where Company is headquartered and located, before a
single AAA arbitrator. The arbitrator shall be appointed in
accordance with the Section R-13, Appointment from Panel, of AAA's
Commercial Arbitration rules. Client and Company consent and agree
that the AAA arbitrator shall exclusively apply NV law to the
dispute, regardless of and without giving any consideration to
choice of law principles. Client and Company further consent and
agree that each party will bear his/her/it's own cost and attorneys'
fees incurred in connection with the AAA arbitration proceedings,
and agree that the AAA arbitrator shall have no power or discretion
to make any award of costs or attorneys' fees. However, in the event
that Client or Company files any court proceedings in violation of
the contractually agreed upon arbitration requirement, the party who
is required to appear in any court proceedings to defend against
such proceeding shall be entitled to an immediate stay and dismissal
of such court proceedings, and shall be entitled to an award of all
reasonable attorneys' fees and costs incurred in connection with
such court proceedings. The final decision of the arbitrator shall
be furnished in writing and shall constitute a conclusive
determination of the issue(s) in question, binding upon the Client
and Company, and shall not be contested by either of them except as
permitted by applicable law. Such decision may be used in a court of
law only for the purpose of seeking enforcement of the arbitrators'
award.
Waiver
No failure to enforce any provision, assert any right or insist on
performance of any provision under this Agreement in any instance
shall be deemed a waiver of the ability to enforce such provision,
assert such right, or insist on the performance of such obligations
in the future. Our failure to enforce your strict performance will
not constitute a waiver of our right to subsequently enforce such
provision or any other provision of this Agreement.
Entire Agreement
This agreement constitutes the entire understanding with regard to
your purchase and affiliation with the sponsor, and us and
supersedes all prior representations, oral or written. If any
provision, paragraph, or subparagraph of this agreement is adjudged
by any court of law to be void or unenforceable, in whole or in
part, the rest of the agreement shall remain in effect. The parties
agree that in such event, the offending clause will be replaced with
a provision or provisions having the same economic effect. This
agreement shall be binding on, and shall inure to the benefit of,
the parties to it and their respective heirs, legal representatives,
successors and assigns. By ordering from audiovideomix.com or
utilizing services of audiovideomix.com I hereby acknowledge that I
have read the above terms and conditions, understand them, and agree
to be legally bound by them.
Enforcement of Terms and Conditions
By accessing and using the audiovideomix.com website, you agree that
your access to and use of this website is subject to these terms and
conditions, as well as all applicable laws, as governed and
interpreted pursuant to the laws of the state of Nevada, United
States of America.
Information or Complaints
If you have a question or complaint regarding the Site, please send an
e-mail to
support@audiovideomix.com. You may also contact us by writing to
audiovideomix.com, Fog City Productions, 16817 27th ST. CT. East
Lake Tapps Wa.