TERMS & CONDITIONS

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Terms & Conditions of Service

HealthMarketers strives to provide the best possible service to all our customers, but we will not tolerate any unlawful activity or abuse on our servers. We respect freedom of speech and expression unless it is harmful to others. These brief guidelines are imposed to protect you, other HealthMarketers members and us against such harm.

Disclaimer

To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Programs, Products, Services, and Program Materials, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other Program, Product, Service or Program Materials participant or user, including you.

Legal and Financial Disclaimer. Our Programs, Products, Services, and Program Materials are not to be perceived or relied upon in any way as business, financial or legal advice. The information provided through our Programs, Products, Services, and Program Materials is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, or financial advisor. We are not giving financial or legal advice in any way. You are hereby advised to consult with your own accountant, lawyer or financial advisor for any and all questions and concerns you have regarding your own income and taxes pertaining to your specific financial and/or legal situation. You agree that we are not responsible for your earnings, the success or failure of your business decisions, the increase or decrease of your finances or income level, or any other result of any kind that you may have as a result of information presented to you through our Programs, Products, Services, and Program Materials. You are solely responsible for your results.

Technology Disclaimer. We try to ensure that the availability and delivery of our Programs, Products, Services and Program Materials is uninterrupted and error-free, including our content and communications through methods like our Website, member forum, private Facebook groups, email communications, videos, audio recordings, webinars, recorded webinars, teleseminars, recorded teleseminars, emails, downloadable Mp3 audio files, downloadable PDF printed transcripts, downloadable PDF handouts/slides, handouts, ebooks, or any other materials provided by us to you. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction. To the fullest extent permitted by law, we will be not be liable to you for damages or refunds, or for any other recourse, should our Programs, Products, Services or Program Materials become unavailable or access to the them becomes slow or incomplete due to any reason, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our Programs, Products, Services or Program Materials inaccessible to you.

Earnings Disclaimer. Our efforts have yielded great results. For example, in regards to our lead generation service, from 4 to 10 leads per week might be an average for most clients. However, these results may vary per week/month/season etc. Due to periods/events like Summer, Christmas and other National and International holidays. There might be more leads, they might be less. In addition, the leads vary per niche, per business and are based on the ability to connect on a LinkedIn profile, depending on age/status of the profile. We also expressly disclaim responsibility in any way for the choices, actions, results, use, misuse or non-use of the information provided or obtained through any of our Programs, Products, Services or Program Materials by you.

Indemnification, Limitation or Liability and Release of Claims

Indemnification. You agree at all times to defend, indemnify and hold harmless our Company, as well as any of our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to our Programs, Products, Services or Program Materials, or your breach of any obligation, warranty, representation or covenant set forth in these Terms and Conditions or in any other agreement with us.

Limitation of Liability. We will not be held responsible or liable in any way for the information, products or materials that you request or receive through or on our Programs, Products, Services or Program Materials. We do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with us.  We do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise who is engaged in rendering our Programs, Products, Services or Program Materials, or in any way or in any location. In the event that you use our Programs, Products, Services or Program Materials or any other information provided by us or affiliated with us, we assume no responsibility.

Release of Claims. In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our Programs, Products, Services or Program Materials, or on those affiliated with us in any way, and you hereby release us from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties.

You agree to use all HealthMarketers services and facilities at your own risk. HealthMarketers specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall HealthMarketers be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold HealthMarketers harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against HealthMarketers, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it’s agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless HealthMarketers against liabilities arising out of:

 

  1. any injury to person or property caused by any products sold or otherwise distributed in connection with HealthMarketers’ server.
  2. any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party.
  3. copyright infringement and any defective products sold to customer from HealthMarketers’ servers.

HealthMarketers shall be the sole judge of what violates this Policy.

 

HealthMarketers reserves the right to monitor any and all communications through or with our facilities. You agree that HealthMarketers is not considered a “secure communications medium” for the purposes of the ECPA, and that no expectation of privacy is afforded.

Purchases and Online Commerce

If paying by debit card, or credit card, you give us permission to automatically charge your credit or debit card as payment for your Program, Product or Service without any additional authorization, for which you will receive an electronic receipt.

In the event that payment is not received by the date due, you will have a three (3) day grace period to make the payment otherwise the Program, Product or Services will not continue and we reserve the right to cease your access immediately and permanently.

If you fail to make payment in a timely manner in accordance with these Terms of Use or voluntarily decide to withdraw from our Programs, Products or Services at any time or for any reason whatsoever, you still will remain fully responsible for the full cost of the Programs, Products and/or Services.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf. You agree to use our Programs, Products, Services, and Program Materials for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes.

We do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company. In the event that a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.

All information obtained during your purchase or transaction for our Programs, Products and Services and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us and our payment processing company.

You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information.

Payment Policies, Fees, Refunds and Terms of Agreement

Full payment is required before any service is rendered, which includes setup fees, membership fees, domain names, renewals, and design services.
All payment-due notices will be sent by electronic mail. No bills or invoices will be sent by postal mail or fax. Prepayment is due each anniversary (one month, three months, one year) following the date the account was established. Billing will continue until you cancel your membership. You may cancel at any time. As a policy, we do not offer credits or refunds for hosting time already expended. We do not provide refunds for prepaid services for any reason, even if a portion of the service is unused or services are terminated early. If cancellation is done by HealthMarketers due to
restrictions violation, there will be no refund. HealthMarketers will only allow for the discount if cancellation is not the fault of the client, as determined by HealthMarketers. All monetary transactions are in UK £pounds, or occasionally we accept payment in £US dollars. We do not accept Euros or cryptocurrencies at this time. This may change at any given moment. Additional features can be added at any time. Monthly feature prices are not prorated. HealthMarketers reserves the right to change prices at any time.

Account Cancellation

You may cancel at any time. To cancel your account, please contact Customer Service at admin@HealthMarketers.org Notification of cancellation must be received at least five business days prior to your cycle date, with the cycle date being the day of the month you sign up, in order to avoid charges in full for the next cycle. It is the Client’s responsibility to secure email confirmation from HealthMarketers that account has been cancelled. If the client has not yet received email confirmation of account cancellation, then the account remains active, and you will continue to be invoiced. If Client has a balance due at the time of cancellation, this balance must be paid in full. Cancellation does not absolve Client of any outstanding financial obligations.

Archival of Records and Correspondence

All records and correspondence HealthMarketers and your organisation is carefully archived for the purpose of collaboration, reference, and confirmation. This includes written correspondence, such as e-mail and all messages sent through your client dashboard, as we all phone conversations for quality, control, confirmation, and training purposes. Upon signing up for service, you are consenting to this policy and authorise HealthMarketers and its representatives to record and maintain your correspondence and records during the course of your service and up to ten (10) years after cancellation of all services. HealthMarketers may at its discretion choose to discard any records at any time after the cancellation of the services related to those records.

SPAM Policy

HealthMarketers is committed to a zero-tolerance, anti-Spamming policy. Under this policy, we prohibit Spam, or any unsolicited commercial email, from being sent either: Over the HealthMarketers network, by customers or any other users of the HealthMarketers network (including customers’ customers); AND/OR over ANY network- if the message sent advertises or mentions a site hosted on the HealthMarketers server.

We react quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any customer disregarding this policy. Sending unsolicited commercial email (a.k.a. “spam”), cross-posting messages to a large number of USENET groups, posting obscene or threatening messages while using or referring to a HealthMarketers email address or web site URL is prohibited. The use of HealthMarketers servers as a mail drop for responses to activities described above is also prohibited. Accounts cancelled due to spam will be billed a “clean up” fee of £500.

All e-mail sent through our service must adhere to the following general guidelines, regardless of liberties granted by your ISP or current SPAM legislations:

  • All recipients of any mass e-mail sent must have previously requested e-mail correspondence from your organisation. They must also be aware of the type of information you will be sending and the frequency of your correspondance.
  • All mass e-mail communication must have a clear statement within the email outlining exactly how the recipients were added to the e-mail list used for the mass e-mail campaign.
  • All mass e-mail communication must have a clear removal/unsubscribe statement outlining exactly how a recipient may remove themselves from future mass e-mail campaigns.
  • All mass e-mail communication must contain the physical mailing address of the organisation conducting the mass e-mail.

If you have any complaints or comments regarding Spam on our network, please direct them via email to admin@healthmarketers.org

 

Content Policy

All services provided by HealthMarketers may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any UK or United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statute without proper authorisation. The subscriber agrees to indemnify and hold harmless HealthMarketers from any claims resulting from the use of the service which damages the subscriber or any other party.

Clients retain ownership of all textual content, images, logos, and data supplied by them to the HealthMarketers production staff. Additionally, any graphical or textual work that is performed for clients also remains property of the client upon final approval and settlement of all outstanding balances. The exception to this is template designs created under our discounted CMS programs. Clients are granted a limited license to utilise designs created by HealthMarketers on the HealthMarketers Platform. In order for a client to utilise the design in another hosting environment, the design rights must be purchased at the NonCMS price.

HealthMarketers always retains ownership of any server-side and client-side programming that is implemented for all clients using our platform, even if a fee was paid to perform the modifications to our platform.

In the event of account suspension, HealthMarketers is not responsible for supplying or retaining copies of any text, images, logos, or data owned by the client. Any available client-owned artefacts can be provided by HealthMarketers upon settlement of all outstanding balances for the current standard hourly fee.

It is the sole responsibility of HealthMarketers clients to obtain and/or verify licensing for all images and graphics used on their websites, even if the images were provided by the HealthMarketers production staff. HealthMarketers reserves the right to use legitimate royalty-free images from any source to deliver designs, revisions, or concepts. If preview images are used from stock photo agencies, the client is still responsible for obtaining and/or verifying the licensing for each photo and/or graphic. HealthMarketers does not assume responsibility nor liability for trademark infringement fees assessed for violation of image licensing by our clients. Additionally, work performed for clients using unlicensed images and photos does not imply participation in the act of trademark infringement. We assume that any client-provided or client-approved images are legitimately licensed by the time the client uses the images publicly.

Pornography and sex-related merchandising is prohibited on all HealthMarketers servers. This includes sites that may infer sexual content, or links to adult content elsewhere. HealthMarketers will be the sole arbiter in determining violations of this provision.

HealthMarketers also prohibits the use of images or media that contain sexually explicit content, nudity, implied nudity showing covered areas in view, sexually suggestive content, profanity, or racist rhetoric. HealthMarketers will be the sole arbiter in determining violations of this provision.

Also prohibited are sites that promote any illegal activity or present content that may be damaging to HealthMarketers servers or any other server on the internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

  • Pirated software
  • Hacker programs or archives
  • Warez sites
  • IRC Eggdrops
  • Proxy Servers
  • NPH-Proxy
  • The Anonymizer
  • Any Soap Mailers
  • Matt’s formmail.pl (version 1.9S and above is ok)

HealthMarketers does not host sites of its competitors or web pages promoting sites of its competitors.

Any illegal activity, including adult content, links to adult content web sites, spamming or hacking will result in your site being shut down and all your files deleted without warning. No refund, even for pre-paid service, is given in this case.

HealthMarketers will be the sole arbiter as to what constitutes a violation of this provision.

 

Email Policy

HealthMarketers may not be the source, intermediary, or destination address involved in the transmission of any unsolicited email, email bombs, hate email, or any mass email. Your email account may not be referenced as originator, intermediary, or reply-to address of such email. “Safe-lists” are also strictly forbidden.

 

Traffic Policy

HealthMarketers allows for very generous traffic, and most sites never exceed 500MB per month, unless they offer shareware, sound, video, image and multimedia archives, are mirror sites or any site whose primary purpose is file distribution. You may not use your standard HealthMarketers account to offer access to such files or functionality since we offer add-on services to provide for higher bandwidth needs. HealthMarketers customers are discouraged from storing any files that cause excessive traffic on HealthMarketers servers. Please contact HealthMarketers Technical Support team for more information. Again, 99% of the sites do not fall into this category and never reach our traffic limits.

We reserve the right to refuse service to anyone for any reason not prohibited by law. Also we reserve the right to terminate service to any customer for any reason not prohibited by law.

Any deliberate attempt to cause damage to HealthMarketers or any other Internet servers will result in immediate account deactivation without prior notice. No refund, even for pre-paid service, is given in this case.

All account plans come with an “unlimited” traffic allowance. However, sites transferring more than 1 gigabyte per month will be reviewed. If your website uses more than 10 gigabytes per month, you will be required to move to a dedicated server solution, available by request. We monitor all accounts and bill £300.00 for each 1 GB of burstable bandwidth.

Inactive / Abandoned Project

Client projects that are placed on hold or suspended for any reason and projects considered abandoned due to non-communication from the client are automatically closed and cancelled by HealthMarketers after ninety (90) days of inactivity from the date of the client’s last written communication specifically about the project in question.

Projects closed under this policy will not be refunded. Clients may repurchase services that were closed at the current client pricing for the desired services regardless of the original purchase price of the services.

 

Quote & Special Promotions

Written quotes for products and services provided by HealthMarketers are valid for a period of thirty (30) days. Quotes automatically expire without notice at midnight of the thirty first day. Promotional pricing is only valid during the stated date range of the promotion and automatically expire at midnight of the day after the last day of the promotion.

 

Backups

Full backups are made weekly, and backups of new/changed web data made daily. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for web server restoration purposes only. It is the client’s responsibility to maintain local copies of their web content or any other information. If loss of data occurs due to an error of HealthMarketers, we will attempt to recover the data for no charge to the client. If data loss occurs due to negligence of client in securing their account or by an action of the client, HealthMarketers will attempt to recover the data from the most recent archive for a £50.00 fee. We do not back up e-mail data stored in POP accounts. POP service is intended for use in conjunction with a desktop e-mail reader, such as MS Outlook. Client should never use our e-mail server to store e-mail.

Refund Policy

Your satisfaction with your Program, Product or Service is important to us. Yet, because of the extensive time, effort, preparation and care that goes into creating and/or providing our Programs, Products, Services and Program Materials, we have a very strict refund policy. Most of our content is digital and therefore, a lengthy refund policy could result in the theft of our materials.

Unless otherwise provided by law, you acknowledge that we do not offer refunds for any portion of your payment for any of our 1:1 Services or Masterminds.

Termination

You have the right to terminate your use of or participation in our Programs, Products or Services at any time by sending an email to:

sam@healthmarketers.org. We reserve the right in our sole discretion to refuse or terminate your access to our Programs, Products, Services or Program Materials, in full or in part, at any time, without notice, by sending you an email to the e-mail address you provided upon purchase of the Program, Product or Service.

In the event of cancellation or termination by either of us, you will have 24 hours to pay any and all remaining payments or balances that are owed to us.

Upon termination by either of us, we reserve the right to immediately refuse or terminate your access to any aspect of our Programs, Products, Services and/or our Program Materials, including but not limited to our Website, private forum, e-mail communications, Facebook groups, live webinars or conference calls, or any other method of communications related to our Programs, Products, Services or Program Materials at any time without notice and in our sole discretion.

Dispute Resolution

It is hoped that should we ever have any differences, we could be able to work them out amicably through e-mail correspondence. However, should we be unable to seek resolution within a reasonable time, you agree now that that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, selected jointly, in accordance with the American Arbitration Association Rules. Prior to seeking arbitration, you must send an email to us at sam@healthmarketers.org and include all of your reasons for dissatisfaction with your Program, Product or Service. You understand and agree now that the only remedy that can be awarded to you through arbitration is full refund of your Payment made to date. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to you. We both agree now that the decision of the arbitrator is final and binding, and may be entered as a judgment into any court having the appropriate jurisdiction.

By purchasing our Programs, Products or Services you are agreeing to a modification of the statute of limitations such that any arbitration must begin within one (1) year of the date of your e-mail to me referenced above or you waive the right to seek dispute resolution by arbitration or to take any other legal action.

You also agree that should arbitration take place, it will be held in London UK and the prevailing party shall be entitled to all reasonable attorneys’ fees and all costs necessary to enforce the decision of the arbitrator.

In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, including on social media, designed to disparage us, our Company, or any of our Programs, Products or Services. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process.

If any terms of these Terms of Use are construed to be invalid or unenforceable for any reason, it shall not affect the validity or ability to enforce any of the other term which shall be given full force and effect.

 

HealthMarketers reserves the right to amend our Terms and Conditions at any time and without notice. If you have any questions about any term of these Terms of Use, please contact us at admin@healthmarketers.org