TERMS AND CONDITIONS OF USE
Welcome
to Cleanoutsuccess.com, This site is maintained as a service to our
customers. By using this site, you agree to comply with and be bound by
the following terms and conditions of use. Please review these terms
and conditions carefully. If you do not agree to these terms and
conditions, you should not use this site.
1. Agreement. This Agreement (the “Agreement'”) specifies the Terms and
Conditions for access to and use of the Cleanoutsuccess.com (the
“Site'”) and describe the terms and conditions applicable to your
access of and use of the Site. This Agreement may be modified at any
time by Dave Schutte upon posting of the modified agreement. Any such
modifications shall be effective immediately. You can view the most
recent version of these terms at any time at Cleanoutsuccess.com. Each
use by you shall constitute and be deemed your unconditional acceptance
of this Agreement.
2. Intellectual Property Ownership.
(a) Our Content. All content included on this site is and shall
continue to be the property of Dave Schutte or its content suppliers
and is protected under applicable copyright, patent, trademark, and
other proprietary rights. Any copying, redistribution, use or
publication by you of any such content or any part of the Site is
prohibited without express permission by Dave Schutte. Under no
circumstances will you acquire any ownership rights or other interest
in any content by or through your use of this site. Cleanoutsuccess.com
is the trademark or registered trademark of Dave Schutte. Other product
and company names mentioned on this Site may be trademarks of their
respective owners.
(b) User Supplied Content. By accessing our forum, bulletin board, chat
room, or any other user interactive area of our site, and placing any
information in any of those areas, you hereby grant us a perpetual,
irrevocable, royalty free license in and to such materials, including
but not limited to the right to post, publish, transmit, distribute,
create derivative works based upon, create translations of, modify,
amend, enhance, change, display and publicly perform such materials in
any form or media, whether now known or later discovered. You also
grant to others who access the forum, bulletin board, chat room or any
other user interactive area of our site a perpetual, non-revocable,
royalty free license to view, download, store and reproduce your
postings but such license is limited to the personal use and enjoyment
of such other party.
(c) Personal Use. Dave Schutte grants you a limited,
revocable, nonexclusive license to use this site solely for your own
personal use and not for republication, distribution, assignment,
sublicense, sale, preparation of derivative works, or other use. You
agree not to copy materials on the site, reverse engineer or break into
the site, or use materials, products or services in violation of any
law. The use of this website is at the discretion of Dave Schutte and
Dave Schutte may terminate your use of this website at any time.
(d) Other Uses. All other use of Content from the Site, including, but
not limited to uploading, downloading, modification, publication,
transmission, participation in the transfer or sale of, copying,
reproduction, republishing, creation of derivative works from,
distribution, performance, display, incorporation into another web
site, reproducing the Site (whether by linking, framing or any other
method), or in any other way exploiting any of the Content, in whole or
in part, is strictly prohibited without Dave Schutte’s prior express
written consent.
3. Disclaimers.
(a) DISCLAIMER OF WARRANTIES. THE INFORMATION ON THIS SITE IS PROVIDED
ON AN `”AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SITE
IS AT YOUR SOLE RISK. DAVE SCHUTTE DISCLAIMS 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. YOUR SOLE AND EXCLUSIVE
REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING
THE SITE.
FURTHERMORE, Dave Schutte DOES NOT WARRANT THAT
USE OF THE SITE WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM
ANY LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR
THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Dave
Schutte , ITS SUBSIDIARIES, VENDORS AND AFFILIATES DISCLAIM ANY
RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, OR UNTIMELY DELIVERY
OF ANY INFORMATION OR MATERIALS, AND ANY MATERIAL DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE SITE. USE OF THE SITE'S SERVICES IS DONE
AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGES TO YOU COMPUTER SYSTEMS OR LOSS OF DATA THAT MAY RESULT
FROM THE DOWNLOAD OF SUCH INFORMATION OR MATERIAL.
(b) LIMITATION OF LIABILITY. DAVE SCHUTTE SHALL NOT BE RESPONSIBLE OR
LIABLE TO PROVIDERS OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCES FOR
ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR
LOSSES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES WHICH MAY BE INCURRED IN
CONNECTION WITH DAVE SCHUTTE OR THE SITE, OR USE THEREOF, OR ANY OF THE
DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON THE SITE OR
ANY SERVICES, OR INFORMATION PURCHASED, RECEIVED OR SOLD BY WAY OF THE
SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF
ACTION, EVEN IF DAVE SCHUTTE OR CLEANOUTSUCCESS.COM HAS BEEN
ADVISED OF THE POSSIBILITY OF DAMAGE OR LOSS.
(c) EARNINGS
DISCLAIMERS. The information presented in this Website is intended to
be for your educational and entertainment purposes only.
We are not presenting you with a business opportunity.
We are not presenting you with a distributorship.
We are not making any claims as to income you may earn.
We are not presenting you with an opportunity to get rich.
Before
embarking on any endeavor, please use caution and seek the advice your
own personal professional advisors, such as your attorney and your
accountant.
Where income figures are mentioned (if any), those
income figures are anecdotal information passed on to us concerning the
results achieved by the individual sharing the information. We have
performed no independent verification of the statements made by those
individuals. Please do not assume that you will make those same income
figures.
Please do not construe any statement in this website as
a claim or representation of average earnings. There are NO average
earnings. Testimonials and statements of individuals are not to be
construed as claims or representations of average earnings. We cannot,
do not, and will not make any claims as to earnings, average, or
otherwise.
Success in any endeavor is based on many factors
individual to you. We do not know your educational background, your
skills, your prior experience, or the time you can and will devote to
the endeavor.
Please perform your own due diligence before
embarking on any course of action. Follow the advice of your personal
qualified advisors.
There are risks in any endeavor that are not suitable for everyone. If you use capital, only "risk" capital should be used.
There
is no guarantee that you will earn any money using any of the ideas
presented in our in materials. Examples in our materials are not to be
interpreted as a promise or guarantee of earnings. Many factors
will be important in determining your actual results and no guarantees
are made that you will achieve results similar to ours or anybody
else’s. No guarantee is made that you will achieve any result at all
from the ideas in our material.
You agree that we will not share
in your success, nor will we be responsible for your failure or for
your actions in any endeavor you may undertake.
Please understand that past performance cannot be an indication of possible future results.
Materials
in our product and our website may contain information that includes or
is based upon forward-looking statements within the meaning of the
securities litigation reform act of 1995. Forward-looking statements
give our expectations or forecasts of future events. You can identify
these statements by the fact that they do not relate strictly to
historical or current facts. They use words such as “anticipate,”
“estimate,” “expect,” “project,” “intend,” “plan,” “believe,” and other
words and terms of similar meaning in connection with a description of
potential earnings or financial performance. Any and all forward
looking statements in our materials are intended to express our opinion
of earnings potential. They are opinions only and should not be relied
upon as fact.
4. Terms Relating to User Supplied Site Content.
(a) Participate at Your Own Risk. You enter and participate in our
forum, bulletin board, chat room, or any other user interactive area of
our site, and gain access to the materials contained thereon at your
own risk.
(b) No Monitoring. We do not monitor or screen communications on our
forum, bulletin board, chat room, or any other user interactive area of
our site and we are not responsible for any material that any of our
forum, bulletin board, chat room, or any other user interactive area of
our site participant posts and we do not assume the responsibility to
do so. In the event that we are notified by any party that any
communications contained in our forum, bulletin board, chat room, or
any other user interactive area of our site is contrary to these terms,
we may, but are not obligated to, investigate the situation and
determine in our own discretion, whether to remove such communication
from our forum, bulletin board, chat room, or any other user
interactive area of our site. We have no liability or
responsibility to investigate or remove any content from our forum,
bulletin board, chat room, or any other user interactive area of our
site based upon a complaint or otherwise.
(c) Your Reliance at Your Risk. We do not make any representations or
warranties as to the truth or accuracy of any statement made or
materials posted on or through our forum, bulletin board, chat room, or
any other user interactive area of our site. You agree and
acknowledge that you assume the risk of any actions you take in
reliance upon the information that may be contained in our forum,
bulletin board, chat room, or any other user interactive area of our
site.
(d) No Endorsement. We do not endorse or lend any credence for any
statements that are made by any participant in our forum, bulletin
board, chat room, or any other user interactive area of our site. Any
opinions or views expressed by our forum, bulletin board, chat room, or
any other user interactive area of our site participants are their
own. We do not endorse or support or otherwise give any credence
or reason for reliance on any such statements or opinions.
(e) You are Responsible. You are fully responsible for your own
statements and materials that you post in our forum, bulletin board,
chat room, or any other user interactive area of our site and any
consequences, whether or not foreseen, to any party who may rely upon
these statements. You agree that you will not take any action
directed towards attempting to hold us responsible for any such
materials or statements.
(f) Removal of Material. As a participant in our forum, bulletin board,
chat room, or any other user interactive area of our site, you agree
that we may remove any materials from our forum, bulletin board, chat
room, or any other user interactive area of our site for any reason, in
our sole discretion, or for no reason at all. This includes
material which is disruptive, abusive, offensive, illegal, vulgar,
pornographic, or any other material. You hold us harmless from
and against any damage you or others may suffer as a result of our
removal of any content from our forum, bulletin board, chat room, or
any other user interactive area of our site or from the discontinuance
of our forum, bulletin board, chat room, or any other user interactive
area of our site at any time.
(g) Right to Expel. We have the right to remove, expel, or disqualify
any party from participation and access to our forum, bulletin board,
chat room, or any other user interactive area of our site for any time
and for any reason, or for no reason whatsoever, in our sole and
absolute discretion. This includes, but is not limited to any
violation of this agreement, disruptive behavior, complaints from other
parties, any allegedly illegal activity, or for any other reason or for
no reason at all.
(h) Right to Terminate. We reserve the right to terminate our forum,
bulletin board, chat room, or any other user interactive area of our
site at any time and all users hold us harmless from and against any
claims, damages, suits, threats, demands, liabilities, actions, causes
of action, or injuries that may result there from, including but not
limited to any consequential, incidental, and special damages of every
nature and type.
(i) Prohibitions. You agree that you will not (1) use our forum,
bulletin board, chat room, or any other user interactive area of our
site for any illegal purpose, (2) place any material in our forum,
bulletin board, chat room, or any other user interactive area of our
site that violates the copyrights, trademarks, trade secrets,
confidential information or other rights of any other party, (3) place
any material in our forum, bulletin board, chat room, or any other user
interactive area of our site that contains a false statement about any
person, infringes upon the privacy rights of any other person, or
threatens, harasses, abuses or embarrasses any other person, (4) place
any obscene, pornographic, sexually explicit or violent materials,
graphics, photographs, text or otherwise in our forum, bulletin board,
chat room, or any other user interactive area of our site, (5) place
any advertising, attempted business solicitation, marketing materials
or sales promotional materials in our forum, bulletin board, chat room,
or any other user interactive area of our site, (6) pretend to be
another person that you are not, (7) place materials in our forum,
bulletin board, chat room, or any other user interactive area of our
site that are disruptive or off-topic.
(j) Hold Harmless and Indemnify. You hold us harmless from, and
indemnify us against, any and all claims for damages from third parties
arising from your participation, use or conduct in our forum, bulletin
board, chat room, or any other user interactive area of our site.
5. Miscellaneous.
(a) Prohibition Against Data Mining. You are
prohibited from data mining, scraping, crawling, email harvesting or
using any process or processes that send automated queries to the
Cleanoutsuccess.com Web site. You may not use the Cleanoutsuccess.com
Web site to compile a collection of listings, including a competing
listing product or service. You may not use the Site or any Materials
for any unsolicited commercial e-mail.
(b) Intended Audience. This website is intended for adults only. This
website is not intended for any children under the age of 18.
(c) Compliance with Laws. You agree to comply with all applicable laws
regarding your use of the website. You further agreed that information
provided by you is truthful and accurate to the best of your knowledge.
(d) Indemnification. You agree to indemnify, defend and hold Dave
Schutte and our partners, employees, and affiliates, harmless from any
liability, loss, claim and expense, including reasonable attorney's
fees, related to your violation of this Agreement or use of the Site.
(e) Privacy. Your visit to our site is also governed by our Privacy
Policy. Please review our Privacy Policy at Cleanoutsuccess.com . Dave
Schutte reserves the right, and you authorize us, to use and assign all
information regarding site uses by you and all information provided by
you in any manner consistent with our Privacy Policy.
(f) DMCA Notice. If you believe your work has been copied in a way that
constitutes copyright infringement, please provide a notice containing
all of the following information to our Copyright Agent:
(1) An electronic or physical signature of the person authorized to act
on behalf of the owner of the copyright interest;
(2) A description of the copyrighted work that you claim has been infringed;
(3) A description of where the material that you claim is infringing is located on the Site;
(4) Your address, telephone number, and e-mail address;
(5) A statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent, or
the law; and
(6) A statement
by you, made under penalty of perjury, that the above information in
your notice is accurate and that you are the copyright owner or
authorized to act on the copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Site is Dave Schutte, who can be reached as follows:
By Mail:
Po Box 3660
Wrightwood, CA 92397
Phone: 800- 581-7135
e-mail:dave (@) cleanoutsuccess.com
(g) Applicable Law. You agree that the laws of the state of California,
without regard to conflicts of law’s provisions will govern these Terms
and Condition of Use and any dispute that may arise between you and
Dave Schutte / Cleanoutsuccess.com or its affiliates. Venue shall be in
San Bernardino County.
(h) Arbitration. As part of the consideration that Dave Schutte and
Cleanoutsuccess.com requires for viewing, using or interacting with
this website, you agree to the use of binding arbitration for any
claim, dispute, or controversy of any kind (whether in contract, tort
or otherwise) arising out of or relating to this website. Arbitration
shall be conducted pursuant to the rules of the American Arbitration
Association which are in effect on the date a dispute is submitted to
the American Arbitration Association. Information about the
American Arbitration Association, its rules, and its forms are
available from the American Arbitration Association, 335 Madison
Avenue, Floor 10, New York, New York, 10017-4605. Hearing will
take place in the city or County of San Bernardino. In no case shall
you have the right to go to court or have a jury trial. You will
not have the right to engage in pre-trial discovery except as provided
in the rules; you will not have the right to participate as a
representative or member of any class of claimants pertaining to any
claim subject to arbitration; the arbitrator's decision will be final
and binding with limited rights of appeal. The prevailing party shall
be reimbursed by the other party for any and all costs associated with
the dispute arbitration, including attorney fees, collection fees,
investigation fees, and travel expenses.
(i) Severability. If any provision of this Agreement shall be adjudged
by any court of competent jurisdiction to be unenforceable or invalid,
that provision shall be limited or eliminated to the minimum extent
necessary so that this Agreement will otherwise remain in full force
and effect.
(j) Termination.
Dave Schutte or Cleanoutsuccess.com may terminate this Agreement at any
time, with or without notice, for any reason.
(k) Contact Information.
HOW TO CONTACT US:
Dave Schutte
PO Box 3660
Wrightwood, CA 92397
dave (@) quickcleanouts.com
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