DISCLAIMER AND TERMS OF SERVICE AGREEMENT

The author and publisher of www.infusionsoftmasters.com (a/k/a InfusionSoft Masters) and the accompanying materials have made all efforts in preparing Infusionsoft Masters.  The InfusionSoft Masters staff makes every effort to insure that all documentation and information is one hundred percent accurate and the overwhelming majority of the materials we publish are one hundred percent accurate.  Nevertheless in those rare instances when there is a discrepancy between the versions of a document published here, and the original version of that document the official version shall govern.  The authors and publishers make no representation or warranties with respect to the accuracy, applicability, fitness, or completeness of the contents of InfusionSoft Masters.  The information contained in InfusionSoft Masters is strictly for educational purposes.  Therefore, if you wish to apply any or all of the ideas contained in InfusionSoft Masters you are taking full responsibility for your actions.  InfusionSoft accepts no liability for any damages caused by the use of the site of www.infusionsoftmasters.com or any external links that you may direct to as a direct result of www.infusionsoftmasters.com.   The authors and publishers disclaim any warranties (expressed or implied), merchantability, or fitness for any particular purpose.  The author and publisher shall in no event be held liable to any party for any direct, indirect, punitive, special, incidental or other consequential damages arising directly or indirectly from any use of this material, which is provided “as is”, and without warranties.

In no event shall InfusionSoft Masters and/or its agents, employees, officers, owners, or other representatives be liable for any direct, indirect, punitive, incidental, special or consequential damages, of any kind whatsoever, including, without limitation, to damages for loss of use, data, business interruption or profits, arising out of or in any way connected with the purchase, performance, availability, of products or services of InfusionSoft Masters.

MODIFICATION OF THE TERMS OF USE

InfusionSoft Masters reserves the right to change the terms, conditions, rules and regulations applying to the Products and Services offered by InfusionSoft Masters and the InfusionSoft Masters Web Site, including but not limited to the charges associated with the use of the Web Site and the purchase of Products and Services.  All changes shall be effective and deemed acceptable by all users upon posting of such changes on the InfusionSoft Masters Web Site.  The current version posted of the Terms of Use will apply to all users effective following the date of publication.  Each access of the information for the InfusionSoft Masters Website and/or any Products or Services of InfusionSoft Masters will constitute an agreement of users.

ELECTRONIC TRANSMITTAL AGREEMENT

When you use or access, or permit any other person(s) or entity to use or access InfusionSoft Masters, you agree to the terms and conditions of this Agreement. We may amend or change this Agreement from time to time, in our sole discretion, by sending you written notice by electronic mail or by regular mail or by posting the updated terms on the sites within InfusionSoft Master Web Site. Please access and review this Agreement regularly. If you find the Agreement unacceptable to you at any time, please discontinue your use of InfusionSoft Masters. You agree that by using InfusionSoft Masters, all notices or other communications which we may be required to give you arising from our obligations under this Agreement or InfusionSoft Masters may be sent to you electronically to any electronic mailbox we have for you, or at our option, another electronic mail address you provide to us or in any other manner permitted by law. Your use of InfusionSoft Masters after we have made such changes available will be considered your agreement to the change.

LINKS TO THIRD PARTY SITES

In the course of providing comprehensive service and information, InfusionSoft Masters may provide links to content not controlled by InfusionSoft Masters. No endorsement is intended or made of any link, product, service or information either by its inclusion or exclusion from this portal.

InfusionSoft Masters is not responsible for content of Web Sites not controlled InfusionSoft Masters, nor does the InfusionSoft Masters privacy policy apply to external sites. Use of information obtained from such Web Sites is voluntary and should be independently verified.  InfusionSoft Masters is not responsible for webcasting or any other form of transmission received from any Linked Site.  InfusionSoft Masters is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by InfusionSoft Masters of the site or any association with its operators.

Information Security Policy, Information and Guidelines

Information is a critical InfusionSoft Masters asset. Information is comparable with other assets in that there is a cost in obtaining it and a value in using it. However, unlike many other assets, the value of reliable and accurate information appreciates over time. Shared information is a powerful tool and loss or misuse can be costly and illegal. The intent of this Security Policy is to protect the information assets of InfusionSoft Masters.

This Security Policy governs all aspects of hardware, software, communications and information. It covers all InfusionSoft Masters authors and publishers as well as contractors and customers or other entities that may be given permission to log in, view or access information.

Definitions:

• Information includes any data or knowledge collected, processed, stored, managed, transferred or disseminated by any method.
• The Owner of the information is InfusionSoft Masters.  InfusionSoft Masters is responsible for producing, collecting and maintaining the authenticity, integrity and accuracy of information.
• InfusionSoft Masters has physical and operational control of the hardware, software, communications and data bases (files) of www.Infusionsoftmasters.com.

The confidentiality of all information created or hosted by InfusionSoft Masters is the responsibility of InfusionSoft Masters. Disclosure is governed by legislation, regulatory protections and rules as well as policies and procedures of InfusionSoft Masters. The highest of ethical standards are required to prevent the inappropriate transfer of sensitive or confidential information.

All information content is owned by InfusionSoft Masters. The objective of InfusionSoft Masters is to protect the information from inadvertent or intentional damage, unauthorized disclosure or use according to InfusionSoft Masters classification standards and procedural guidelines.

Information access is subject to legal restrictions and to the appropriate approval processes of InfusionSoft Masters. InfusionSoft Masters is responsible to adhere to procedures and put into effect all authorized changes received from InfusionSoft Masters in a timely manner.

Information security – InfusionSoft Masters is responsible for interpreting confidentiality restrictions imposed by laws and statutes, establishing information classification and approving information access. InfusionSoft Masters will staff a security function whose responsibility will be operational control and timely implementation of access privileges. This will include access authorization, termination of access privileges, monitoring of usage and audit of incidents. InfusionSoft Masters has the responsibility to protect the confidentiality of information which is used in the course of business.

Information availability is the responsibility of InfusionSoft Masters. Access to information will be granted as needed to all customers to support their Products and Services. Proven backup and recovery procedures for all data elements to cover the possible loss or corruption of system information are the sole responsibility of each customer.

InfusionSoft Masters is responsible for securing strategic and operational control of its hardware, software and telecommunication facilities. Included in this mandate is the implementation of effective safeguards and firewalls to prevent unauthorized access to system processes and computing / telecommunication operational centers.

NO UNLAWFUL OR PROHITIBITED USE

As a condition of your use of InfusionSoft Masters, You warrant to InfusionSoft Masters that you will not use any material contained in the Web Site or coordinating links for any purpose that is unlawful or prohibited by the terms, conditions, or notices.  You may not use the InfusionSoft Masters Web Site in any manner for which it is not intended.  Use of InfusionSoft Masters Web Site for any other use for which it is intended could damage, disable, overburden, or impair InfusionSoft Masters Web Site.  You many not obtain or attempt to obtain any materials or other information through any means that is not intentionally made available to you by InfusionSoft Masters.

InfusionSoft Masters Web Site may contain blogs, chat areas, news groups, or other messages or communication facilities designed to enable you to communicate with the public at large or with a group (collectively referred to as “Communication Services”).  You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service and/or InfusionSoft Masters.  You agree that when using a Communication Service, you will not:

• Violate the legal rights of privacy or publicity of InfusionSoft Masters or others.
• Publish or post any inappropriate or disseminating material or information.
• Upload, Download, or Copy any software or files protected by intellectual property laws unless you own or control the rights thereto or have received and can produce the necessary consents.
• Upload software or files that contain viruses, corrupted files, or any other similar software or programs.
• Conduct or forward surveys, contest, pyramid schemes or chain letters.
• Download any file posted by InfusionSoft Masters  or another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
• Falsify or delete any author attributions, legal or other notices or proprietary designations or labels of the origin as to a document, file, service, or software or other material.
• Restrict or inhibit any other user from using and enjoying the services and products provided by InfusionSoft Masters and/or its affiliates.
• Violate any code of conduct or other guidelines or InfusionSoft Masters or any applicable law or regulations.

By using any services or products owned by InfusionSoft Masters or its affiliates you agree to be bound by the terms of this service agreement.  In the event that there is a breach of this agreement InfusionSoft Masters reserves the right to sue.  By using the services or products offered by InfusionSoft Masters you agree to have all legal matters governed by the State of Texas and furthermore agree to settle these matters via the mediation arbitration agreement.

MEDIATION ARBITRATION AGREEMENT

Dispute Resolution. Any controversy or claim arising out of or relating to this agreement, the relationship resulting in or from this agreement or breach of any duties hereunder will be settled by Arbitration in accordance with the Commercial Arbitration Rules of the U. S. Arbitration & Mediation, Midwest (“USA&M”) or the American Arbitration Association (“AAA”). All hearings will be held in Collin County, Texas before an Arbitrator who is a licensed attorney with at least 15 years of experience in commercial law. A judgment upon the award rendered by the Arbitrator shall be entered in a Court with competent jurisdiction. The Federal Arbitration Act (Title 9 U.S. Code Section 1 et. seq.) shall govern all arbitration and confirmation proceedings. As a condition precedent to the filing of an arbitration claim, the parties agree to first mediate any claims between them.  Any party refusing to mediate shall not prevent the other party or parties from pursuing their claims in arbitration. The parties will share the cost of mediation equally. Nothing herein will be construed to prevent any party’s use of injunction, and/or any other prejudgment or provisional action or remedy. Any such action or remedy will not waive the moving party’s right to compel arbitration of any dispute. The parties agree to also meet and negotiate in good faith in order to resolve any disputes which may arise between them.

SUBSCRIPTION TERMS

InfusionSoft Masters programs and content are sold with a variety of payment options for both services and products.  Subscribers to Products and Services and InfusionSoft Masters Web Site shall pay all fees in full as agreed.  Each user agrees to pay to InfusionSoft Masters all fees associate with the Products and Services of their choice.  Each user authorizes InfusionSoft Masters to automatically debit the payment source associated with his or her registered account for each fee associated with the users account.

Monthly subscription fees and purchase are not refundable for any reason, except as expressly provided from time to time on InfusionSoft Masters Web Site for promotional products.  InfusionSoft Masters may provide from time to time special promotional thirty day “trial offers”, in its discretion, on such terms and conditions as may be posted on the InfusionSoft Masters Web Site.  Promotional or trial offers may be modified or terminated at any time by InfusionSoft Masters.  At the end of the thirty day promotional or trial offer, the user’s credit card or Pay Pal account will automatically be debited for each subscription period, and such automatic debits shall continue until the user terminations the subscription.

Purchase of products is not refundable for any reason, except as expressly provided from time to time on InfusionSoft Masters Web Site for promotional products.  InfusionSoft Masters may provide from time to time special promotional thirty day “trial offers”, in its sole discretion, on such terms and conditions as may be posted on the InfusionSoft Masters Web Site.  Promotional or trial offers may be modified or terminated at any time by InfusionSoft Masters.  At the end of the thirty day promotional or trial offer, the user’s credit card or Pay Pal account will automatically be debited for each Product selected according to the payment terms agreed to by user and InfusionSoft Masters, and such aromatic debits shall continue until the total purchase amount is paid in full.

A payment returned for insufficient funds or inaccurate payment account information is subject to a $25 return fee, and any unpaid balance that results from a returned payment will be subject to a late payment penalty. If at any time a user’s payment is declined or returned to InfusionSoft Masters, InfusionSoft Masters reserves the right to terminate or restrict access to the InfusionSoft Masters Web Site until such time as payment is received in full along with any applicable fees and penalties.

TERMINATION OR ACCESS RESTRICTION

InfusionSoft Masters reserves the right, in its sole discretion, to terminate your access to the Products and Services and to InfusionSoft Masters Web Site and related services or any portion thereof at any time, without notice.  These terms of use constitute an enforceable legal agreement which is governed by the laws of the State of Texas, U.S.A.  You hereby consent to the exclusive jurisdiction and venue of the courts in the State of Texas, U.S.A to hear and resolve all disputes arising out of or relating to the use of the Products and Services and the InfusionSoft Masters Web Site.  If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty, disclaimers, and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect unless otherwise specified herein.

COPYRIGHT AND TRADEMARK NOTICES

All contents of the InfusionSoft Masters Web Site are Copyright © 2010-2013 by Price Corporation and/or its suppliers.  All rights reserved.

TRADEMARKS

Any and all names of actual companies, products, software, and services may be trademarks of their respective owners.  Any trademarks that appear on this site are the property of their respective owners who may or may not be affiliated with, connected to, or sponsored by InfusionSoft Masters.

InfusionSoft is a trademark of Infusion Software, Inc., a Delaware Corporation, located at 2065 W. Obispo Avenue, Ste. 103 Gilbert ARIZONA 85233.  InfusionSoft Masters does not imply directly or indirectly that is in anyway affiliated with InfusionSoft or Infusion Software.

InfusionSoft Masters respects the rights of all copyright holders, and therefore InfusionSoft Masters has adopted and implemented a policy that provides for the termination in appropriate circumstances of users and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide InfusionSoft Masters’ Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

4. Information reasonably sufficient to permit us to contact the complaining party;

5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

For copyright inquiries please contact:

InfusionSoft Masters, Email: support@infusionsoftmasters.com