TERMS AND CONDITIONS OF USE
By using this website, you agree to
conform to and be legally bound by the terms and conditions described below.
Throughout this document, the term
ďOurĒ refers to EveryOneWillWin and itís owners, Quality Business Systems.
IF YOU DISAGREE WITH ANY OF THESE
TERMS OR CONDITIONS, DO NOT USE THIS WEBSITE.
We do not provide services or sell products to children. If
you are below the age of 18, you may use our website only with the permission
and active involvement of a parent or legal guardian. If you are a minor, please
do not provide us or other website visitors with any personal information.
Terms And Conditions.
by clicking this link.
3. Modifications and
These terms and conditions may
change from time to time. If such changes are made, they will be effective
immediately, and we will notify you by a notice posted on our website's home
page of the changes that have been made. If you disagree with the changes that
have been made, you should not use our website.
We may terminate these terms and conditions of use for any
reason and at any time without notice to you.
If you are concerned about these terms and conditions of use,
you should read them each time before you use our website. Any questions or
concerns should be brought to our attention by sending an e-mail to Legal
(at) EveryOneWillWin (replacing the "(at)" with the "@"
symbol and removing the spaces), and providing us with information relating to
4. Licensee Status.
You understand and agree that your use of our website is
limited and non-exclusive as a revocable licensee. We may terminate your license
to use our website, and access to our website, for any reason, and without
giving you notice.
5. Content Ownership.
All content on our website and contained in our products is
owned by us or our content suppliers. On behalf of ourselves and our content
suppliers, we claim all property rights, including intellectual property rights,
for this content and you are not allowed to infringe upon those rights. We will
prosecute to the fullest extent of the law anyone who attempts to steal our
Many of the products available through this website are
provided with resale rights or private label rights. The license rights
available differs from product to product. To determine what rights you may
have for any product, please check inside the file for that product and do not
ever assume that any particular product comes with a certain type of license.
In the absence of a license inside of the product, you are hereby granted ONLY
PERSONAL USE RIGHTS to that product.
You agree to indemnify and hold harmless
EveryOneWillWin and itís owners, partners, and suppliers for any
claim or action arising out of your violation of the license available for any
You agree not to copy content from our website without our
permission. Any requests to use our content should be submitted to us by e-mail
to Legal (at) EveryOneWillWin (replacing the "(at)"
with the "@" symbol and removing the spaces).
If you believe that your intellectual property rights have
been infringed upon by our website content, please notify us by sending an
e-mail to Legal (at) EveryOneWillWin (replacing the
"(at)" with the "@" symbol and removing the spaces), or by sending mail
to us at the address listed below. Please describe in detail the alleged
infringement, including the factual and legal basis for your claim of ownership.
6. Disclaimers and Limitations Of Liability.
The information on our website and
contained in our products is provided on an ''as is,'' ''as available'' basis.
You agree that your use of our website is at your sole risk. We disclaim all
warranties of any kind, including but not limited to, any express warranties,
statutory warranties, and any implied warranties of merchantability, fitness for
a particular purpose, and non-infringement. We do not warrant that our website
will always be available, access will be uninterrupted, be error-free, meet your
requirements, or that any defects in our website will be corrected.
IN NO EVENT
WILL EveryOneWillWin BE LIABLE FOR (I) ANY INCIDENTAL,
CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE
LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY
INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE
SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF
EveryOneWillWin OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO
ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR
INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES,
EveryOneWillWin LIABILITY IS LIMITED TO THE GREATEST EXTENT
PERMITTED BY LAW.
Information on our website and
contained in our products should not necessarily be relied upon and should not
to be construed to be professional advice from us. We do not guarantee the
accuracy or completeness of any of the information provided, and are not
responsible for any loss resulting from your reliance on such information.
If your jurisdiction does not allow
limitations on warranties, this limitation may not apply to you. Your sole and
exclusive remedy relating to your use of the site shall be to discontinue using
Under no circumstances will we be
liable or responsible for any direct, indirect, incidental, consequential
(including damages from loss of business, lost profits, litigation, or the
like), special, exemplary, punitive, or other damages, under any legal theory,
arising out of or in any way relating to our website, your website use, or the
content, even if advised of the possibility of such damages.
Our total liability for any claim
arising out of or relating to our website shall not exceed one hundred ($100)
dollars and that amount shall be in lieu of all other remedies which you may
have against us or our affiliates. Any such claim shall be subject to
confidential binding arbitration as described later in these terms and
conditions of use.
7. Obscene and Offensive Content.
We are not responsible for any obscene or offensive content
that you receive or view from others while using our website. However, if you do
receive or view such content, please contact us by e-mail to Legal (at)
EveryOneWillWin (replacing the "(at)" with the "@" symbol
and removing the spaces) so that we can investigate the matter. Although we are
not obligated to do so, we reserve the right to monitor, investigate, and remove
obscene or offensive material posted to our website.
You understand and agree that you will indemnify, defend and
hold us and our affiliates harmless from any liability, loss, claim and expense,
including reasonable attorney's fees, arising from your use of our website or
your violation of these terms and conditions.
10. Compliance With Governing Law And Dispute Resolution.
You agree to obey all applicable laws while using our
You agree that the laws of the State of
Indiana govern these terms and
conditions of use without regard to conflicts of laws provisions.
You also agree that any dispute between you and us,
excluding any intellectual property right infringement claims we pursue against
you, shall be settled solely by confidential binding arbitration per the
American Arbitration Association commercial arbitration rules. All claims must
arbitrated on an individual basis, and cannot be consolidated in any arbitration
with any claim or controversy of anyone else.
Each party shall bear one half of
the arbitration fees and costs incurred, and each party is responsible for its
own lawyer fees.
11. Severability Of These Terms And Conditions.
If any part of these terms and conditions of use are
determined by a court of competent jurisdiction to be invalid or unenforceable,
that part shall be limited or eliminated to the minimum extent necessary so that
the remainder of these terms and conditions are fully enforceable and legally
12. How To Contact Us.
Any questions or concerns about
these terms and conditions of use should be brought to our attention by e-mail
to Legal (at) EveryOneWillWin (replacing the "(at)"
with the "@" symbol and removing the spaces), and providing us with information
relating to your concern.
You may also mail your concerns to us at the following
13. Entire Agreement.
These terms and conditions, including the policies
incorporated herein by express reference, constitute your entire agreement with
us with respect to your use of our website.
These terms and conditions were last updated on
March 30, 2010.
Copyright ¬© 2010 Steve A. Yakim and Quality Business Systems,
and licensed for use by EveryOneWillWin. All Rights Reserved.