Terms of Use

Last Updated: August 28th, 2014


WEBSITE TERMS OF USE (INCLUDING AFFILIATE AGREEMENT)

If you do not agree to the Terms of Use, discontinue using the site immediately!

By using this site, you signify your Assent and Agreement to these Terms of Use. If you do not agree to these Terms of Use, do not use the site.


Restrictions on Use of Materials
Materials in this website, including any products offered for sale, are Copyrighted and all rights are reserved. Text, graphics, databases, HTML code, and other intellectual property are protected by US and International Copyright Laws, and may not be copied, reprinted, published, reengineered, translated, hosted, or otherwise distributed by any means without explicit permission. All of the trademarks on this site are trademarks of IntelligentCruiser.com or of other owners used with their permission.

Database Ownership, License, and Use
IntelligentCruiser.com warrants, and you accept, that IntelligentCruiser.com is the owner of the copyright of all material, links, articles and resources found on this website and within its pages, as well as the owner of all Digital Content made available for sale, including the Intelligent Cruiser eBook.

IntelligentCruiser.com is the provider of the website, which permits you to purchase Digital Content for end user use only under the terms and conditions set forth in this Agreement.

You agree that your use of such purchased Digital Content is limited, whether or not the Digital Content is limited by security technology. You shall use the Digital Content in compliance with the applicable usage rules established by IntelligentCruiser.com and that any other use of the Digital Content may constitute a copyright infringement.

IntelligentCruiser.com reserves the right to modify the Usage Rules at any time. Usage Rules may be controlled and monitored by IntelligentCruiser.com for compliance purposes, and IntelligentCruiser.com reserves the right to enforce the Usage Rules without notice to you.

Usage Rules
IntelligentCruiser.com reserves all rights and no intellectual property rights are conferred by this agreement.

Rights Granted – Upon your payment of our fees for Digital Content, IntelligentCruiser.com grants you a non-exclusive, non-transferable right to use the Digital Content for your personal, non-commercial use, subject to and in accordance with the Terms of Use. You may copy, store and transfer the Digital Content only for your personal, non-commercial use, subject to and in accordance with the Terms of Use.

You may not re-sell the Digital Content in any manner, nor cause or permit the Digital Content to be published, printed, downloaded, transmitted, distributed, reengineered, or reproduced in any form (whether in its entirety or in condensed, selective or tabulated form) whether for resale, republishing, redistribution, viewing, or otherwise.

Nevertheless, you may on an occasional limited basis download or print out individual pages of information that have been individually selected, to meet a specific, identifiable need for information which is for your personal use only. You may make such limited number of duplicates of any output, both in machine-readable or hard copy form, as may be reasonable for these purposes only. Nothing herein shall authorize you to create such duplicates for the use by any other persons or to make available such duplicates, copies, or the copy you purchased through this website, for external distribution.

Liability
The materials in this site are provided "as is" and without warranties of any kind either express or implied. IntelligentCruiser.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. IntelligentCruiser.com does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. IntelligentCruiser.com does not warrant or make any representations regarding the use or the results of the use of the materials in this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not IntelligentCruiser.com assume the entire cost of all necessary servicing, repair or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Under no circumstances, including, but not limited to, negligence, shall IntelligentCruiser.com be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if IntelligentCruiser.com or an IntelligentCruiser.com authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall IntelligentCruiser.com’s total liability to you for all damages, losses, and causes of action (whether in contract, tort, including but not limited to, negligence or otherwise) exceed the amount paid by you, if any, for accessing this site.

Facts and information at this website are believed to be accurate at the time they were placed on the website. Changes may be made at any time without prior notice. All data provided on this website is to be used for information purposes only. The information contained on this website and pages within, is not intended to provide specific legal, financial or tax advice, or any other advice, whatsoever, for any individual or company and should not be relied upon in that regard. The services described on this website are only offered in jurisdictions where they may be legally offered. Information provided in our website is not all-inclusive, and is limited to information that is made available to IntelligentCruiser.com and such information should not be relied upon as all-inclusive or accurate.

Links and Marks
The owner of this site is not necessarily affiliated with sites that may be linked to this site and is not responsible for their content. The linked sites are for your convenience only and you access them at your own risk. Links to other websites or references to products, services or publications other than those of IntelligentCruiser.com and its subsidiaries and affiliates at this website, do not imply the endorsement or approval of such websites, products, services or publications by IntelligentCruiser.com or its subsidiaries and affiliates.

Certain names, graphics, logos, icons, designs, words, titles or phrases at this website may constitute trade names, trademarks or service marks of IntelligentCruiser.com or of other entities. The display of trademarks on this website does not imply that a license of any kind has been granted. Any unauthorized downloading, re-transmission, or other copying of modification of trademarks and/or the contents herein may be a violation of federal common law trademark and/or copyright laws and could subject the copier to legal action.

Confidentiality of Codes, Passwords and Information
You agree to treat as strictly private and confidential any Subscriber Code, username, user ID, or password which you may have received from IntelligentCruiser.com, and all information to which you have access through password-protected areas of IntelligentCruiser.com’s websites and will not cause or permit any such information to be communicated, copied or otherwise divulged to any other person whatsoever.

Other Legal Stuff
These Terms of Use will apply to every access to http://www.intelligentcruiser.com. IntelligentCruiser.com reserves the right to issue revisions to these Terms of Use by publishing a revised version of this document on this site: that version will then apply to all use by you following the date of publication. Each access of information from IntelligentCruiser.com will be a separate, discrete transaction based on the then prevailing terms.

This Terms of Use and the license granted may not be assigned or sublet by You without IntelligentCruiser.com’s written consent in advance.

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the the United States of America, as it is applied to agreements entered into and to be performed entirely within such jurisdiction.

To the extent you have in any manner violated or threatened to violate IntelligentCruiser.com and/or its affiliates’ intellectual property rights, IntelligentCruiser.com and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the United States of America, and you consent to exclusive jurisdiction and venue in such courts.

Any other disputes will be resolved as follows:
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: Washington, D.C., United States. 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: Washington, D.C., United States, 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.

If any provision of this agreement is void or unenforceable in whole or in part, the remaining provisions of this Agreement shall not be affected thereby.

Termination
These Terms of Use agreement are effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from any and all http://www.intelligentcruiser.com site(s) and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. This agreement will terminate immediately without notice at IntelligentCruiser.com’s sole discretion, should you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from this site and any and all other http://www.intelligentcruiser.com site(s) and all copies thereof, whether made under the terms of this agreement or otherwise.

AFFILIATE AGREEMENT
This agreement describes the entire terms and conditions for participation in the IntelligentCruiser.com 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 IntelligentCruiser.com

Affiliate Site
ClickBank will create a unique URL for you when you submit a complete Affiliate Enrollment Form.

Commissions
You will receive 70% of the revenue as a commission from orders placed through your Affiliate Site (unless noted otherwise for a particular product) less the charges outlined by ClickBank in their agreement. For a sale to generate a commission to an Affiliate, the customer must complete the order form and remit full payment for the product ordered. Commissions will only be paid on sales that are made through qualified Affiliate links.

Payment
ClickBank will send a check for the applicable commissions within the framework of their policies. If any order that generated a referral fee is returned by the customer, or if there are any returned checks or charge backs, the amount will be deducted by ClickBank from the next payment due affiliate.

Order Fulfillment
IntelligentCruiser.com 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 IntelligentCruiser.com. 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. IntelligentCruiser.com 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
IntelligentCruiser.com 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
IntelligentCruiser.com 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 IntelligentCruiser.com 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 IntelligentCruiser.com or you may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. 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 IntelligentCruiser.com Site, and all IntelligentCruiser.com trademarks and logos, other IntelligentCruiser.com 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: Washington, D.C., United States. 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: Washington, D.C., United States, 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 ClickBank, 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.



Intelligent Cruiser Home