
TheConversionGurus.com
Web Site & Service
Agreement
By purchasing any of
our services you hereby agree to these terms and
conditions:
TheConversionGurus.com Web Site (the "Site")
is an online information service provided by Jonny Hardwick
("TheConversionGurus.com "), subject to your compliance with
the terms and conditions set forth below.
PLEASE READ THIS DOCUMENT
CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR
USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND
CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY
THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE.
THECONVERSIONGURUS.COM MAY MODIFY THIS AGREEMENT AT ANY TIME,
AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON
POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO
REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH
MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE
SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED
AGREEMENT.
1. Copyright, Licenses and
Idea Submissions.
The entire contents of the Site are protected by
international copyright and trademark laws. The owner of the
copyrights and trademarks are TheConversionGurus.com, its
affiliates or other third party licensors. YOU MAY NOT MODIFY,
COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR
DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING
TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and
download portions of material from the different areas of the
Site solely for your own non-commercial use provided that you
agree not to change or delete any copyright or proprietary
notices from the materials. You agree to grant to
TheConversionGurus.com a non-exclusive, royalty-free,
worldwide, perpetual license, with the right to sub-license, to
reproduce, distribute, transmit, create derivative works of,
publicly display and publicly perform any materials and other
information (including, without limitation, ideas contained
therein for new or improved products and services) you submit
to any public areas of the Site (such as bulletin boards,
forums and newsgroups) or by e-mail to TheConversionGurus.com
by all means and in any media now known or hereafter developed.
You also grant to TheConversionGurus.com the right to use your
name in connection with the submitted materials and other
information as well as in connection with all advertising,
marketing and promotional material related thereto. You agree
that you shall have no recourse against TheConversionGurus.com
for any alleged or actual infringement or misappropriation of
any proprietary right in your communications to
TheConversionGurus.com.
TRADEMARKS
Publications, products, content or services
referenced herein or on the Site are the exclusive trademarks
or service marks of TheConversionGurus.com. Other product and
company names mentioned in the Site may be the trademarks of
their respective owners.
2. Use of the
Site.
You understand that, except for information,
products or services clearly identified as being supplied by
TheConversionGurus.com, TheConversionGurus.com does not
operate, control or endorse any information, products or
services on the Internet in any way. Except for
TheConversionGurus.com- identified information, products or
services, all information, products and services offered
through the Site or on the Internet generally are offered by
third parties, that are not affiliated with
TheConversionGurus.com a. You also understand that
TheConversionGurus.com cannot and does not guarantee or warrant
that files available for downloading through the Site will be
free of infection or viruses, worms, Trojan horses or other
code that manifest contaminating or destructive properties. You
are responsible for implementing sufficient procedures and
checkpoints to satisfy your particular requirements for
accuracy of data input and output, and for maintaining a means
external to the Site for the reconstruction of any lost
data.
YOU ASSUME TOTAL RESPONSIBILITY
AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET.
THECONVERSIONGURUS.COM PROVIDES THE SITE AND RELATED
INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED
WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER
(INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR
NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE
SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED
THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND
THECONVERSIONGURUS.COM SHALL NOT BE LIABLE FOR ANY COST OR
DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH
TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE
ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE,
SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH
THE SERVICE OR ON THE INTERNET GENERALLY.
THECONVERSIONGURUS.COM DOES NOT WARRANT THAT THE SERVICE WILL
BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE
WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE
INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY
EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH
MATERIALS IS AT YOUR RISK. THECONVERSIONGURUS.COM HAS NO
CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH
MATERIALS.
LIMITATION OF
LIABILITY
IN NO EVENT
WILL THECONVERSIONGURUS.COM 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
THECONVERSIONGURUS.COM 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, THECONVERSIONGURUS.COM LIABILITY IS LIMITED TO
THE GREATEST EXTENT PERMITTED BY LAW.
TheConversionGurus.com makes no
representations whatsoever about any other web site which you
may access through this one or which may link to this Site.
When you access a non-TheConversionGurus.com web site, please
understand that it is independent from TheConversionGurus.com,
and that TheConversionGurus.com has no control over the content
on that web site. In addition, a link to a
TheConversionGurus.com web site does not mean that
TheConversionGurus.com endorses or accepts any responsibility
for the content, or the use, of such web site.
3.
Indemnification.
You agree
to indemnify, defend and hold harmless TheConversionGurus.com,
its officers, directors, employees, agents, licensors,
suppliers and any third party information providers to the
Service from and against all losses, expenses, damages and
costs, including reasonable attorneys' fees, resulting from any
violation of this Agreement (including negligent or wrongful
conduct) by you or any other person accessing the
Service.
4. Third Party
Rights.
The
provisions of paragraphs 2 (Use of the Service), and 3
(Indemnification) are for the benefit of TheConversionGurus.com
and its officers, directors, employees, agents, licensors,
suppliers, and any third party information providers to the
Service. Each of these individuals or entities shall have the
right to assert and enforce those provisions directly against
you on its own behalf.
5. Term;
Termination.
This
Agreement may be terminated by either party without notice at
any time for any reason. The provisions of paragraphs 1
(Copyright, Licenses and Idea Submissions), 2 (Use of the
Service), 3 (Indemnification), 4 (Third Party Rights) and 6
(Miscellaneous) shall survive any termination of this
Agreement.
6.
Miscellaneous.
This
Agreement shall all be governed and construed in accordance
with the laws of the United Kingdom applicable to agreements
made and to be performed in the United Kingdom. You agree that
any legal action or proceeding between TheConversionGurus.com
and you for any purpose concerning this Agreement or the
parties' obligations hereunder shall be brought exclusively in
a federal or state court of competent jurisdiction sitting in
the United Kingdom .
Any cause of action or claim you
may have with respect to the Service must be commenced within
one (1) year after the claim or cause of action arises or such
claim or cause of action is barred. TheConversionGurus.com's
failure to insist upon or enforce strict performance of any
provision of this Agreement shall not be construed as a waiver
of any provision or right. Neither the course of conduct
between the parties nor trade practice shall act to modify any
provision of this Agreement. TheConversionGurus.com may assign
its rights and duties under this Agreement to any party at any
time without notice to you.
7.
Images
All
photos/images have been purchased directly from Stock Photo
sites (not always just iStockPhoto). Rights will be
purchased for your personal use only. Please read the terms
of use at iStockPhoto to see the conditions for use of your
image. We will not be held responsible for anyone using
these images illegally or breaching the
agreements.
At an extra price we can purchase
an extended lisense, on request, if you
wish to have the image separated from your design or wish to
distribute your design on the net for commercial or
non-commercial use. We highly recommend that you check
out iStockPhoto's licensing
here. Ultimately, you are
completely responsible for which way you choose to display
the images - we strongly suggest you keep within the
conditions outlined in the licensed agreements.
TheConversionGurus.com will, in no way, pay for any fines or
legal costs.
8.
Privacy
When you
undertake to register yourself to receive an e-mail alert on
this Website we ask for your first name and e-mail address, and
from time to time the e-mail addresses and additional contact
details of those who communicate with us via e-mail and request
information ("Personal Data").
Any
Personal Data that you give us will be treated with the utmost
care and security. It will not be used in ways to which you
have not consented.
The
Personal Data we collect is used to provide you with the
service that you have requested or to respond to an enquiry
that you have made. We use certain third party service
providers to assist us in providing these services to you, for
example, email autoresponders and web hosting
services.
The
Personal Data we acquire from you via the opt in forms will not
be shared, loaned or sold with any third party company in a way
that would breach your privacy rights.
The
information collected from this Website could be stored for as
long as is required for the uses stated
above.
9.
Disclaimer
Any claims
made of conversion increases or examples of actual results can
be verified upon request. The increased sales volume and
conversion rates you will attain from purchasing one of our
service packages is dependent on the types of service package
you purchase from us. If you purchase the a complete services
package from us, including graphics and sales copy then you are
more likely to receive a higher conversion rate than if you
were to purchase solely a graphics package or solely a sales
copy package. We do not offer any guarantees that you will
receive
Many
factors will be important in determining your actual results
and no guarantees are made that you will achieve results
similar to any of ours, our previous clients or anybody else's,
in fact no guarantees are made that you will achieve any
results, in terms of increases in conversion rates, sales
volume or any other factor that is related to sales of products
or services from purchasing any of our service packages.
However, we do offer a money back guarantee named “The
Conversion Guru’s Titanium Guarantee” which offers our clients
a full money back guarantee if you don’t like the work you have
been presented with or if we fail to increase conversion rates,
sales volume, or email subscribers via web forms. We are not
responsible for any of your actions.
Any rights not expressly
granted herein are reserved.
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