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Welcome
To Miz Kathy's Found Secrets
Terms
of Use Agreement
We understand that most
of you despise the need for a Terms of Use
Agreement almost as much as we do. However, in this day and age, to
protect all of us, it is necessary to provide one as follows. In
short, it means that we own the website; do not intentionally try to
abuse the website or fellow members; we reserve the right to change
whatever we choose; the amount that you can sue for is the same as
the cost of the merchandise, unless allowed otherwise by statutes of
your state; and that you need to notify us in advance before you send
us your idea
However, in all cases,
the following full Agreement below is the one that must be followed
if there is a conflict between the summary listed above and the full
stated Agreement. Even though we all wish we could just go back to
the days of a handshake, we must take this measure for everybody’s
enjoyment and protection.
Definition of
Organization or Company; Ownership of Site; Agreement to Terms of Use
Wherein the company name
of Found Secrets is used, it is understood to include all of its
affiliates or future acquired affiliates which may or may not be
named specifically in conjunction with its name within this
Agreement.
These Terms and
Conditions of Use (henceforth known only as the "Terms of Use")
apply to the Found Secrets web site located at www.foundsecrets.com
and all associated sites linked to www.foundsecrets.com by its
subsidiaries and affiliates, which currently include Brother Paul's
Guided Thinkin' aka Cure (Cures) For Being Sick and Tired Of It All
website located at www.cureforbeingsickandtiredofitall.com and all
other websites that are of may be acquired by Found Secrets around
the world (collectively henceforth known as, the "Site").
The Site is the property of Found Secrets.
BY USING THE
SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT
USE THE SITE.
Found Secrets reserves
the right, at its sole discretion, to change, modify, add or remove
portions of these Terms of Use, at any time. It is your
responsibility to check these Terms of Use periodically for changes.
Your continued use of the Site following the posting of changes will
mean that you accept and agree to the changes. As long as you comply
with these Terms of Use, Found Secrets grants you a personal,
non-exclusive, non-transferable, limited privilege to enter and use
the Site.
All text, graphics,
photographs, trademarks, logos, artwork computer code; and/or other
copyrighted materially (unless specifically listed as otherwise
belonging to another creator) (collectively known as, "Content"),
including but not limited to the design, structure, selection,
coordination, expression, "look and feel" and arrangement
of such Content, contained on the Site is owned, controlled or
licensed by or to Found Secrets, and is protected by trade dress,
copyright, patent and trademark laws, and various other intellectual
property rights and unfair competition laws.
Except as expressly
provided in these Terms of Use, no part of the Site and no Content
may be copied, reproduced, republished, uploaded, posted, publicly
displayed, encoded, translated, transmitted or distributed in any way
(including "mirroring") to any other computer, server, Web
site or other medium for publication or distribution or for any
commercial enterprise, without a Found Secret's staff member's
express prior written or oral consent.
You may use information
on Found Secrets' products and services purposely made available by
Found Secrets for downloading from the Site, provided that you (1) do
not remove any proprietary notice language in all copies of such
documents, (2) use such information only for your personal,
non-commercial informational purpose and do not copy or post such
information on any networked computer or broadcast it in any media,
unless specifically given oral or written permission by a staff
member of Found Secrets or when in conjunction with duly authorized
joint ventures; (3) make no modifications to any such information,
and (4) not make any additional representations or warranties
relating to such documents.
Your Use of the Site
You may not use any
automatic device, program, algorithm or methodology, or any similar
or equivalent manual process, to access, acquire, copy or monitor any
portion of the Site or any Content, or in any way reproduce or
circumvent the navigational structure or presentation of the Site or
any Content, to obtain or attempt to obtain any materials, documents
or information through any means not purposely made available through
the Site. Found Secrets, although it may from time to time allow the
use of "robots" or "spiders," to gather fair use
or relevant information for purposes of inclusion in a search engine,
reserves the right to bar any such activity.
You may not attempt to
gain unauthorized access to any portion or feature of the Site, or
any other systems or networks connected to the Site or to any of the
services offered on or through the Site, by hacking, password
"mining" or any other illegitimate means.
You may not probe, scan
or test the vulnerability of the Site or any network connected to the
Site, nor breach the security or authentication measures on the Site
or any network connected to the Site. You may not reverse look-up,
trace or seek to trace any information on any other user of or
visitor to the Site, or any other customer or member of Found
Secrets, including any Found Secrets' account not owned by you, to
its source, or exploit the Site or any service or information made
available or offered by or through the Site, in any way where the
purpose is to reveal any information, including but not limited to
personal identification or information, other than your own personal
information, as provided for by the Site.
You agree that you will
not take any action that imposes an unreasonable or
disproportionately large load on the infrastructure of the Site, or
any systems or networks to which the Site is connected.
You agree not to use any
device, software or routine to interfere or attempt to interfere with
the proper working of the Site or any transaction being conducted on
the Site, or with any other person’s use of the Site.
You agree not to take any
action which may hinder the operation of the Site, including
fraudulently reporting actions of the site as illegal, unless such
actions by staff members of the site are, in fact, illegal.
You may not forge headers
or otherwise manipulate identifiers in order to disguise the origin
of any message or transmittal you send to Found Secrets on or through
the Site or any service offered on or through the Site. You may not
pretend that you are, or that you represent, someone else, or
impersonate any other individual or entity.
You may not use the Site
or any Content for any purpose that is unlawful or prohibited by
these Terms of Use, or to solicit the performance of any illegal
activity or other activity which infringes the rights of Found
Secrets or others.
Purchases; Other Terms
and Conditions
Additional terms and
conditions may apply to purchases of products or services and to
specific portions or features of the Site, including future, or
current, contests, promotions or other similar features, all of which
terms are made a part of these Terms of Use by this reference. You
agree to abide by such other terms and conditions, including where
applicable representing that you are of sufficient legal age to use
or participate in such service or feature. If there is a conflict
between these Terms of Use and the terms posted for or applicable to
a specific portion of the Site or for any service offered on or
through the Site, the latter terms shall control with respect to your
use of that portion of the Site or the specific service.
Found Secrets'
obligations, if any, with regard to its products and services are
governed solely by the agreements pursuant to which they are
provided, and nothing on this Site should be construed to alter such
agreements.
Pricing and
Availability Information
Pricing and availability
as set forth in the Found Secrets' Site are subject to change without
notice, and may not be available in all countries. The Found Secrets'
Site may contain references to Found Secrets' products, services
and/or programs that have not been announced, or made available as a
translation of the language regularly used, in your country. These
references do not imply that Found Secrets intends to announce or
make available such products, services or programs in your country.
Further, the Found Secrets Site may contain references to future
planned Found Secrets' products. Such products are only planned and
may not actually be produced. Any planned ship dates mentioned in
reference to such future products are estimated ship dates only, and
are not guaranteed. In addition, the materials on the Site with
respect to products and services may be out of date and/or obsolete,
and Found Secrets makes no commitment to update the materials on the
Site with respect to such products and services.
The following terms also
govern and apply to your use of the Site, and they are incorporated
herein by this reference:
Each of these policies
may be changed from time to time and are effective immediately upon
posting such changes on the Site.
Accounts, Passwords
and Security
Certain features or
services offered on or through the Site may require you to create and
maintain an account (including creation of a user ID and password).
You are entirely responsible for maintaining the confidentiality of
your account information, including your password, and for any and
all activity that occurs under your account. You agree to notify
Found Secrets immediately of any unauthorized use of your account or
password, or any other breach of security. However, you may be held
liable for losses incurred by Found Secrets or any other user of or
visitor to the Site due to someone else using your ID, password or
account.
You may not use anyone
else’s ID, password or account at any time without the express
permission and consent of the holder of that ID, password or account.
Found Secrets cannot and will not be liable for any loss or damage
arising from your failure to comply with these obligations.
Please refer to our
Privacy Policy found at
www.cureforbeingsickandtiredofitall.com/privacy.html
or www.foundsecrets.com/privacy.html
Please refer to our
Anti-Spam Policy found at
www.cureforbeingsickandtiredofitall.com/antispam.html
or www.foundsecrets.com/antispam.html
Links to Other Sites
and to the Found Secrets' Site
This Site may contain
links to other independent third-party Web sites ("Linked
Sites"). These Linked Sites are provided solely as a convenience
to our visitors. Such Linked Sites are not under Found Secrets'
control, and Found Secret is not responsible for and does not endorse
the content of such Linked Sites, including any information or
materials contained on such Linked Sites, unless specifically stated
otherwise, such as in the case of Joint Ventures or other related
affiliate promotions. These cases will be duly noted as to what our
responsibility may be in such matters wherein these Joint Ventures or
other related affiliate promotions may apply. You will need to make
your own independent judgment regarding your interaction with these
Linked Sites.
Disclaimers
FOUND SECRETS DOES NOT
PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE
WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE
CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC
RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS"
AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE
SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. FOUND SECRETS, ALTHOUGH
TAKING AS MUCH PRECAUTION AS AVAILABLE, CANNOT ENSURE THAT ANY FILES
OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR
CONTAMINATION OR DESTRUCTIVE FEATURES. FOUND SECRETS DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY,
NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, UNLESS SPECIFICALLY STATED CLEARLY OTHERWISE, SUCH AS IN
PURCHASE OF PRODUCTS THAT MAY CONTAIN A "MONEY-BACK"
GUARANTEE WITHIN A SPECIFIED PERIOD OF TIME. (FOR FURTHER
INFORMATION, PLEASE REFER TO THE SECTION LISTED AS "E-BOOKS,
SOFTWARE, AND OTHER DOCUMENTATION INFORMATION".) FOUND SECRETS
DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT
OF ANY THIRD PARTIES, UNLESS SPECIFICALLY INVOLVED IN A JOINT VENTURE
OR RECOGNIZED AFFILIATE PROMOTION WHEREIN ANY STATEMENTS APPLYING IN
SUCH MATTERS WILL PERTAIN SOLELY TO THAT VENTURE OR PROMOTION, IN
CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY FOUND
SECRETS' SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF
THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST FOUND SECRETS
FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE
SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE
BARGAIN BETWEEN THE PARTIES.
The above disclaimer
applies to any damages, liability or injuries caused by any failure
of performance, error, omission, interruption, deletion, defect,
delay in operation or transmission, computer virus, communication
line failure, theft or destruction of or unauthorized access to,
alteration of, or use, whether for breach of contract, tort,
negligence or any other cause of action.
Found Secrets reserves
the right to do any of the following, at any time, without notice:
(1) to modify, suspend or terminate operation of or access to the
Site, or any portion of the Site, for any reason; (2) to modify or
change the Site, or any portion of the Site, and any applicable
policies or terms; and (3) to interrupt the operation of the Site, or
any portion of the Site, as necessary to perform routine or
non-routine maintenance, error correction, or other changes.
Limitation of Liability
Except where prohibited
by law, in no event will Found Secrets be liable to you for any
indirect, consequential, exemplary, incidental or punitive damages,
including lost profits, even if Found Secrets has been advised of the
possibility of such damages.
If, notwithstanding the
other provisions of these Terms of Use, Found Secrets is found to be
liable to you for any damage or loss which arises out of or is in any
way connected with your use of the Site or any Content, Found Secrets
liability shall in no event exceed the greater of (1) the total of
any subscription or similar fees with respect to any service or
feature of or on the Site paid in the six months prior to the date of
the initial claim made against Found Secrets (but not including the
purchase price for any Found Secrets' products or any Found Secrets'
support program), or (2) US$100.00. Some jurisdictions do not allow
limitations of liability, so the foregoing limitation may not apply
to you.
You agree to indemnify
and hold Found Secrets, its staff members, subsidiaries and
affiliates, harmless from any demands, loss, liability, claims or
expenses (including attorneys’ fees), made against Found
Secrets by any third party due to or arising out of or in connection
with your use of the Site.
Violation of These
Terms of Use
Found Secrets may
disclose any information we have about you (including your identity)
if we determine that such disclosure is necessary in connection with
any investigation or complaint regarding your use of the Site, or to
identify, contact or bring legal action against someone who may be
causing injury to or interference with (either intentionally or
unintentionally) Found Secrets' rights or property, or the rights or
property of visitors to or users of the Site, including Found
Secrets' customers or members. Found Secrets reserves the right at
all times to disclose any information that Found Secrets deems
necessary to comply with any applicable law, regulation, legal
process or governmental request. Found Secrets also may disclose your
information when Found Secrets determines that applicable law
requires or permits such disclosure, including exchanging information
with other companies and organizations for fraud protection purposes.
You acknowledge and agree
that Found Secrets may preserve any transmittal or communication by
you with Found Secrets through the Site or any service offered on or
through the Site, and may also disclose such data if required to do
so by law or Found Secrets determines that such preservation or
disclosure is reasonably necessary to (1) comply with legal process,
(2) enforce these Terms of Use, (3) respond to claims that any such
data violates the rights of others, or (4) protect the rights,
property or personal safety of Found Secrets, its employees, users of
or visitors to the Site, and the public.
You agree that Found
Secrets may, in its sole discretion and without prior notice,
terminate your access to the Site and/or block your future access to
the Site if we determine that you have violated these Terms of Use or
other agreements or guidelines which may be associated with your use
of the Site. You also agree that any violation by you of these Terms
of Use will constitute an unlawful and unfair business practice, and
will cause irreparable harm to Found Secrets, for which monetary
damages would be inadequate, and you consent to Found Secrets
obtaining any injunctive or equitable relief that Found Secrets deems
necessary or appropriate in such circumstances. These remedies are in
addition to any other remedies Found Secrets may have at law or in
equity.
If Found Secrets does
take any legal action against you as a result of your violation of
these Terms of Use, Found Secrets will be entitled to recover from
you, and you agree to pay, all reasonable attorneys’ fees and
costs of such action, in addition to any other relief granted to
Found Secrets. You agree that Found Secrets will not be liable to you
or to any third party for termination of your access to the Site as a
result of any violation of these Terms of Use.
Governing Law; Dispute
Resolution
You agree that all
matters relating to your access to or use of the Site, including all
disputes, will be governed by the laws of the United States and by
the laws of the State of North Dakota without regard to its conflicts
of laws provisions. You agree to the personal jurisdiction by and
venue in the state court of Mountrail County, North Dakota and
federal court in Ward County, North Dakota, and waive any objection
to such jurisdiction or venue. Any claim under these Terms of Use
must be brought within one (1) year after the cause of action arises,
or such claim or cause of action is barred. No recovery may be sought
or received for damages other than out-of-pocket expenses, except
that the prevailing party will be entitled to costs and attorneys’
fees. In the event of any controversy or dispute between Found
Secrets and you arising out of or in connection with your use of the
Site, the parties shall attempt, promptly and in good faith, to
resolve any such dispute. If we are unable to resolve any such
dispute within a reasonable time (not to exceed thirty (30) days),
then either party may submit such controversy or dispute to
mediation. If the dispute cannot be resolved through mediation, then
the parties shall be free to pursue any right or remedy available to
them under applicable law.
Found Secrets administers
and operates the www.foundsecrets.com
(including www.cureforbeingsickandtiredofitall.com
and all other potential unnamed future acquired or currently owned
websites) Site from its location in Stanley, ND USA. Although the
Site is accessible worldwide, not all features, products or services
discussed, referenced, provided or offered through or on the Site are
available to all persons or in all geographic locations, or all
translated languages, or appropriate or available for use outside the
United States. Found Secrets reserves the right to limit, in its sole
discretion, the provision and quantity of any feature, product or
service to any person or geographic area. Any offer for any feature,
product or service made on the Site is void where prohibited. If you
choose to access the Site from outside the United States, you do so
on your own initiative and you are solely responsible for complying
with applicable local laws.
Miscellaneous
Agreements
You may not use or export
or re-export any Content or any copy or adaptation of such Content,
or any product or service offered on the Site, in violation of any
applicable laws or regulations, including without limitation United
States export laws and regulations.
If any of the provisions
of these Terms of Use are held by a court or other tribunal of
competent jurisdiction to be void or unenforceable, such provisions
shall be limited or eliminated to the minimum extent necessary and
replaced with a valid provision that best embodies the intent of
these Terms of Use, so that these Terms of Use shall remain in full
force and effect. These Terms of Use constitute the entire agreement
between you and Found Secrets with regard to your use of the Site,
and any and all other written or oral agreements or understandings
previously existing between you and Found Secrets with respect to
such use are hereby superseded and cancelled. Found Secrets will not
accept any counter-offers to these Terms of Use, and all such offers
are hereby categorically rejected. Found Secrets failure to insist on
or enforce strict performance of these Terms of Use shall not be
construed as a waiver by Found Secrets of any provision or any right
it has to enforce these Terms of Use, nor shall any course of conduct
between Found Secrets and you or any other party be deemed to modify
any provision of these Terms of Use. These Terms of Use shall not be
interpreted or construed to confer any rights or remedies on any
third parties.
Found Secrets provides
access to Found Secrets international data and, therefore, may
contain references or cross references to Found Secrets products,
programs and services that are not announced in your country. Such
reference does not imply that Found Secrets in your country, or
translated language used, in your country, intends to announce such
products, programs or services.
Any use of Found Secrets
trademarks, including the trademarked Making It Mine logo, for
commercial purposes without the prior written consent of Found
Secrets may constitute trademark infringement and unfair competition
in violation of federal and state laws.
Copyright Information
A copyright is a property
right in an original work of authorship. Copyright is recognized in
most countries of the world by statutory copyright laws.
Copyright exists in the
expression of an idea, but not the idea itself. Expressions that can
be copyrighted can take many forms but are generally categorized as
follows: literary, musical, dramatic, pantomime and choreography,
pictorial, graphic, sculptural, computer programs, motion pictures,
and sound recordings.
To obtain permission to
use Found Secrets copyrighted materials or if you have any questions
concerning the usage or potential licensing of Found Secrets'
copyrighted materials, please submit your detailed request in writing
via either e-mail or postal mail. You can e-mail your request to
foundsecrets@foundsecrets.com
or mail it via postal service to Found Secrets P.O. Box 1078
Stanley, ND 58784.
Found Secrets
Unsolicited Idea Submission Policy
Found Secrets or any of
its staff do not accept or consider unsolicited ideas, including
ideas for new advertising campaigns, new promotions, new or improved
products, product enhancements, marketing plans or new product names
without prior submitted correspondence from the party submitting the
idea showing an intent to interest us in an affiliated or joint
venture and our subsequent approval of our intent to continue
communications. Please do not send any original creative artwork,
suggestions or other works without having sent us a prior inquiry as
to our interest in a joint affiliation or venture.
The sole purpose of this
policy is to avoid potential misunderstandings or disputes when Found
Secrets' products or marketing strategies might seem similar to ideas
submitted to us. So, please do not send your unsolicited ideas to
Found Secrets or anyone at Found Secrets, with the following
exceptions:
(1) Wherein you have
previously submitted an inquiry only (not the actual work) as to our
interest in the project for the purposes of a joint affiliate or
venture, or potential cross-marketing of products which Found Secrets
has determined to be non-competing, and which would be mutually
profitable to us.
(2) Wherein we have
requested further communication, either orally or in writing,
concerning the potential project.
(a) At any time wherein
either party requests discontinuation of the project, both parties
will discontinue communication concerning the potential joint
project. If you then continue submission of the idea after that time,
then the rules expressed in Terms of Idea Submission will then apply.
If, despite our request
that you not send us your ideas, you still send them, except in the
aforementioned exceptions, then regardless of what your letter says,
and also as previously aforementioned in (2)(a) of the paragraph
above, the following terms shall apply to your idea submission.
Terms of Idea
Submission
You agree that: (1) your
ideas will automatically become the property of Found Secrets,
without compensation to you, and (2) Found Secrets can use the ideas
for any purpose and in any way, even give them to others.
Invitation for
Feedback
Found Secrets does,
welcome your feedback, however, regarding all areas of our services
and or products. If you want to send us your feedback, and we hope
you do, we request that you send it to us at either our e-mail, or
postal mailing, address which are previously listed. Please provide
only specific feedback on Found Secrets existing, or announced,
products or marketing strategies; do not include any ideas that Found
Secrets' policy will not permit it to accept or consider, either
morally, ethically, or legally. It is yet another way we can learn
how to best provide you your wants, desires, and needs.
E-books, Software, and
other Document Information
Use and/or availability
of free, or purchased, e-books, software, documentation or other such
services from this Site and its content are delivered on an "as-is"
and "as-available" basis. All products, information, or
other types of goods or services provided on the Site is subject to
change without notice. In the case whereby you have received, either
freely, or through purchase, any of our products, as we are not
necessarily licensed or certified experts in the fields we discuss,
it is strongly advised that you consult an appropriately licensed or
certified professional before engaging in utilization of the provided
material. These professionals may include, but are by no means
limited to: legal, accounting, counseling, psychological,
psychiatric, real estate and/or any other necessary business or
service professionals as needed.
In addition, it is understood that any materials obtained by any method from
the Found Secret Site, to include Cure For Being Sick and Tired Of It All,
is no guarantee of any specific performance. Each
individual's results will vary according to a variety of factors.
Although taking as much
pre-caution as possible, we cannot ensure that any products, files,
or other data downloaded from the Site will be free of viruses or
contamination or destructive features.
In addition, we reserve
the right to change available e-books, products, or services as we
deem necessary. This includes the right to change individual products
from a "free" status to a "purchase" status, or
in some cases, entire deletion or substitution of the available
product, regardless of its current availability whether free,
purchase, or of a barter nature.
This policy of our right
to change, as already previously stated in this Agreement, also
applies to pricing.
Any person is hereby
authorized to: a) store documentation on a single computer for
personal use only and b) print copies of documentation for personal
use provided that the documentation contains Found Secrets' copyright
notice, unless otherwise specified in the obtained material or documentation,
as in the case of specified "resell" rights.
Third Party Companies
and Products
Mention of third-party
products, companies and web sites on the Found Secrets' Site is for
informational purposes only and does not necessarily constitute
neither an endorsement nor a recommendation, unless specifically
stated otherwise. Found Secrets assumes no responsibility with regard
to the selection, performance or use of these products or vendors,
unless specifically stated otherwise. Found Secrets provides this
only as a convenience to our users, customers, or members. Found
Secrets, although it may have used, has not extensively tested any
software found on these sites and makes no representations regarding
the quality, safety, or suitability of any software found there.
There are dangers inherent in the use of any software found on the
Internet, and Found Secrets assumes no responsibility with regard to
the performance or use of these products. Make sure that you
completely understand the risks before retrieving any software on the
Internet. All third party products must be ordered directly from the
vendor, and all licenses and warranties, if any, take place between
you and the vendor.
The information contained
in this Site is subject to change without notice. Copyright ©
2005 Found Secrets All rights reserved.
Found Secrets P O Box 1078
Stanley, North Dakota 58784, USA.
©
COPYRIGHT 2005 ALL RIGHTS RESERVED FOUNDSECRETS.COM |