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MEMBERS
POLICY
TERMS AND CONDITIONS
Capstone
Services, Inc. maintains this web site and all other
marketing sites as a service to its customers, potential
customers, and other interested parties. Please visit
us frequently and browse our pages. Capstone Services,
Inc. provides certain services described on the Site
through which customers are able to subscribe to services
providing marketing sites, lead generating programs,
domain name redirect service, and pre-developed web
sites. This legal information pertains to Capstone Services,
Inc. Marketing Web Sites and all other marketing and/or
mail order materials. Capstone Services, Inc. covenants
and agrees that all services provided to you under this
Agreement will comply with Melaleuca, Inc.'s policies
and guidelines on internet usage.
Following
these guidelines is necessary in order for you to retain
and maintain a copy of the current Capstone Services,
Inc Marketing Sites and any updated versions of the
sites as well as any sites added at a later date and
any and all mail order materials. Any violation of these
parameters could result in the loss of any websites.
Only
one Melaleuca Independent Marketing Executive business
is authorized a copy of the marketing sites per order.
Once you have a copy of the site on your Domain, you
can redirect as many URL's to it as you wish. (e.g.
if yourid.ownanewbusiness.com is the main URL you copy
the site to and you decide to redirect www.getmorejobs.com
to that domain plus www.webework.net that's fine.) You
can also advertise however you desire: search engines,
newspapers, radio, television, bill boards, etc
but remember, when you advertise, you must comply with
the all policies and guideline rules listed in Melaleuca
Statement of Policies and Guidelines on Internet Usage.
However, you cannot change, modify or alter nor reuse
in any way the internal or external content of any site
or any other materials.
All
End Users of Capstone Services Inc. Marketing Sites
system are expected to exercise "Netiquette"
in their conduct on the Internet. While new users may
in fact be truly new to the Internet and may not know
the unwritten rules of Netiquette, they are expected
to try and acquaint themselves with these general rules
of conduct and to refrain ESPECIALLY from sending mass,
unsolicited e-mail, or Spam, to others, advertising
and promoting the Capstone Services, Inc. Marketing
System. This includes posting, or cross posting articles
to USENET Newsgroups which don't have related information
to the charter of the newsgroups for the purpose of
selling and promoting the website, web-area, service
or anything that regular readers of the newsgroup would
not normally expect to see in the newsgroup. In the
event a member engages in such practices, and complaints
regarding that users actions are received by Capstone
Services, Inc., it will result in temporary suspension
of the user's account and websites and materials and
a $250.00 U.S. fine will be charged immediately per
incident/complaint. The user will not be allowed access
to these materials, websites or other materials again
until the $250.00 U.S. charge / fine for each incident
/ complaint is paid in full. Any further complaints
/ incidents regarding any distributor or other member
of the Capstone Services, Inc. organization engaging
in such practices will be considered cause for immediate
removal, indefinitely from the Capstone Service, Inc.
server. We have found that many companies offer themselves
as reputable bulk or "opt-in" e-mailers and
they simply are not. So, as not to possibly jeopardize
your status with the web sites, we recommend you not
participate in any bulk or "opt-in" emailing.
You
shall use the Site for lawful purposes only. You shall
not post or transmit through the Site any information
or material which violates or infringes, in any way,
the rights of others, or which is unlawful, threatening,
abusive, defamatory, invasive of privacy or publicity
rights, vulgar, obscene, profane, harassing, or otherwise
objectionable. Nor shall you post or transmit through
the Site any information or material which encourages
conduct that would constitute a criminal offense, give
rise to liability or otherwise violate any law or administrative
ruling or guidelines, is in violation of these Terms,
or which, without Capstone Services, Inc. prior written
approval, contain advertising or any solicitation with
respect to products or services. Any conduct by you
that, in Capstone Services, Inc. opinion, restricts
or inhibits any other user from using or enjoying the
Site will not be permitted.
The
Site contains information and materials, including but
not limited to, text, software, photos, video, graphics
and audio, (collectively "Materials") which
are derived in whole or in part from information and
materials supplied by Capstone Services, Inc. and Melaleuca,
Inc. and other sources, and are protected by copyright,
trademark and other laws and the entire content of the
Site is copyrighted as a collective work under the United
States Copyright Laws. Materials may not be copied,
reproduced, republished, modified, uploaded, posted,
transmitted or distributed in any way or de-compiled,
reverse engineered or disassembled, including but not
limited to the text, images, audio and/or video, as
well as any software (including but not limited to any
images or files incorporated in or generated by the
software or data accompanying such software). Modification
of the Materials or use of the Materials for any other
purpose is a violation of Capstone Services, Inc. or
such other sources' copyright, trademark and other proprietary
rights and may violate other laws. The use of any such
Materials on any other Web site or networked computer
or environment is prohibited without Capstone Services,
Inc. express written consent. If you breach any of these
Terms, your authorization to use the Site automatically
terminates and you must immediately destroy any downloaded
or printed Materials.
TERMINATION
You may terminate your membership for any reason by
providing notice of intent to terminate to Capstone
Services, Inc. by emailing cancel@ownanewbusiness.com
or faxing (509) 732-6214. You will receive a confirmation
email stating that your account has been cancelled.
Charges
to your account will stop accruing the day Capstone
Services, Inc. confirms the termination of your membership.
Upon termination, you will be assigned a cancellation
number which will be sent to you. Please be sure to
make a note of this number as it is your only proof
of cancellation and will be used for reference in any
and all subsequent correspondence regarding billing,
refunds or the cancellation itself. Accounts are not
considered closed unless a valid cancellation number
has been issued. The effective date of termination will
be the final day of your billing cycle. Based on your
billing cycle, charges accrued prior to your termination
may apply after you receive a cancellation confirmation.
Capstone
Services, Inc. may terminate or suspend your membership
(i) without cause at any time for any reason upon 30
days notice, or (ii) with or without notice if you breach
the terms of this or any other Agreement between you
and Capstone Services, Inc. or if you violate Capstone
Services, Inc. Membership Policy or any of the applicable
user policies. If you terminate your membership before
the end of the fixed term or if Capstone Services, Inc.
terminates your membership for violations of this Agreement,
our Membership Policy or any of the applicable user
policies, the amount you have paid for your membership
will not be refunded in whole or in part. If your membership
is terminated, Capstone Services, Inc. may without notice
to you delete any data (including email and personal
web site content) stored on Capstone Services, Inc.
servers. Any suspension or termination will not relieve
any person of obligations incurred and accrued prior
to the effective date of termination.
Termination
of your account is your sole and exclusive remedy with
respect to any dispute with Capstone Services, Inc..
REFUNDS
There are no long term commitments. You can cancel anytime
within the first 30 days after you sign up. There are
NO refunds after 30 days.
INTERNET
ACCESS MONTHLY MEMBERSHIPS
If you have subscribed to the Service on a month-to-month
basis, you agree to pay to Capstone Services, Inc. a
monthly fee (the "Monthly Fee") in advance
for each month or portion of a month in which you receive
the Service. You authorize Capstone Services, Inc. to
charge your account immediately upon activation of your
membership. For billing purposes, the month will begin
on the date you become a Member, which may not be the
first calendar day of the month. A service month will
run from a numbered day in one month to the same numbered
day in the following month. Members who join on the
29th, 30th or 31st day of any month shall be billed
on the last day of any month not containing 29, 30 or
31 days. Capstone Services, Inc. will have the right
to increase the Monthly Fee from time to time upon email
notification to you at least one month before the effective
date of the increase. If you do not cancel your membership
before the end of the notice period, you will be deemed
to have agreed to such increase. All fees and charges
are stated and payable in U.S. Dollars.
PAYMENT
OBLIGATIONS OF A MEMBER
You authorize Capstone Services, Inc. to charge the
Monthly Fee and any other fees and charges payable under
this Agreement to the credit card, Paypal or direct
debit account that you have supplied in connection with
your membership application. All charges are considered
valid unless disputed in writing within thirty (30)
days of the billing date. Adjustments will not be made
for charges that are more than 30 days old.
Send
any disputes to:
Capstone
Services, Inc.
P.O.Box 232
Northport, WA 99157-0232
You
will promptly notify Capstone Services, Inc. of changes
to the account number, status, or expiration date of
the credit card or direct debit account you have supplied,
and of changes to your billing address. If Capstone
Services, Inc.is unable to process charges to the credit
card or debit account you have supplied, or if the credit
card is canceled or suspended, your membership may be
immediately suspended or terminated without notice.
Any resulting fees, charges or expenses incurred by
Capstone Services, Inc. may be subsequently charged
to your credit card or direct debit account. Capstone
Services, Inc. is not responsible for any charges or
expenses (e.g. for overdrawn accounts, exceeding credit
card limits, etc.) resulting from charges billed by
Capstone Services, Inc..
If your membership is terminated or suspended by Capstone
Services, Inc. based on your failure to pay applicable
fees and charges or your failure to perform any of your
other obligations under this Agreement (including your
obligation to comply with Capstone Services, Inc.'s
Membership Policy and any of the applicable user policies),
you may be required to pay reconnect charges in order
to re-activate your membership.
You
acknowledge that no credit or refund will be provided
if you are unable to use the Service due to circumstances
beyond Capstone Services, Inc. control, as determined
by Capstone Services, Inc..
Except
as expressly provided herein, any fees paid to Capstone
Services, Inc. in connection with the Service are nonrefundable.
USERS/PARTICIPANTS
We do not discriminate on the basis of age, race, national
origin, gender, sexual orientation or religion.
No person under the age of 13 should use the Site. We
strongly encourage all parents and guardians to monitor
the Internet use of their children. Use of the Site
by any user shall be deemed to be a representation that
the user is 13 years of age or older.
TRADEMARKS,
COPYRIGHTS & RESTRICTIONS.
This Site, and materials on the Site, including, but
not limited to, images, illustrations, posts, audio
clips, and video clips (the "Materials") are
the property of Capstone Services, Inc. and/or Melaleuca,
Inc. and their affiliates and licensors and are protected
from unauthorized copying and dissemination by copyrights
that are owned or licensed by Capstone Services, Inc.
and/or Melaleuca, Inc. and by copyright law, trademark
law, international conventions and other intellectual
property laws. You may not reproduce, perform, create
derivative works from, republish, upload, post, transmit,
or distribute in any way whatsoever any Materials from
Capstone Services, Inc. websites, any bulletin board,
or any other web site owned or operated by Capstone
Services, Inc. without the prior written permission
of Capstone Services, Inc. Any modification of the Materials,
or any portion thereof, or use of the Materials for
any other purpose constitutes an infringement Capstone
Services, Inc. copyrights and other proprietary rights.
Use of these Materials on any other web site or other
networked computer environment is prohibited without
prior written permission from Capstone Services, Inc..
Nothing contained on this Site should be construed as
granting, by implication, estoppels, or otherwise, any
license or right to use this Site or any information
displayed on this Site, throughout the use of framing
or otherwise, except: (a) as expressly permitted by
these terms and conditions; or (b) with the prior written
permission of Capstone Services, Inc. or such third
party that may own the trademark or copyright of information
displayed on this Site.
Copyright and Trademark Information
© 2003 Capstone Services, Inc. All rights reserved.
LINKS
TO THIRD PARTY WEBSITES
Capstone Services, Inc. is not responsible for the content
of any site that may be linked to or from Capstone Services,
Inc. websites, or any bulletin board associated with
Capstone Services, Inc.. These links are provided for
your convenience only and you access them at your own
risk. Any other web site accessed from this Site is
independent from Capstone Services, Inc., and Capstone
Services, Inc. has no control over the content of that
other web site. In addition, a link to any other web
sites does not imply that Capstone Services, Inc. endorses
or accepts any responsibility for the content or use
of such other web site.
LINKING
TO SITE
Anyone linking to Capstone Services, Inc.'s Site must
comply with Capstone Services, Inc.'s guidelines for
linking to Capstone Services, Inc.'s Site and all applicable
laws.
NO
IMPLIED ENDORSEMENTS
In no event shall any reference to any third party or
third party product or service be construed as an approval,
guarantee or endorsement by Capstone Services, Inc.
of that third party or of any product or service provided
by a third party.
CHANGES
Capstone Services, Inc. reserves the right, in its sole
discretion, to revise these Terms at any time and correct
any errors or omissions in any portion of the Site and
Materials. Materials may also be changed, modified,
added, or removed and updated without notice at any
time; however, Capstone Services, Inc. is under no obligation
to update Materials. Capstone Services, Inc. may also
make changes in the products, services, programs, or
prices (if any) described in the Site at any time without
notice. Your continued use of the Site after any change
Capstone Services, Inc. makes to the Site will be considered
acceptance of those changes. You should revisit these
Terms from time to time to review the then-current Terms
because they are binding on you.
DISCLAIMERS
AND INDEMNITY
By using the Site and/or posting Materials, you agree
to indemnify Capstone Services, Inc., its officers,
directors, employees, successors, agents, and affiliates
for any and all claims, damages, losses and causes of
action (including attorneys' fees and court costs) arising
out of or relating to your breach or alleged breach
of this Agreement (including without limitation, claims
made by third parties for infringement of intellectual
property rights), or for any content that is provided
by you (or through your username and/or password). You
agree to cooperate as fully as reasonably required in
Capstone Services, Inc.'s defense and/or settlement
of any claim. Capstone Services, Inc. reserves the right
to assume that exclusive control over the defense and
settlement of any matter subject to indemnification
by you.
The
information contained in this Site is for general guidance
on topics selected by Capstone Services, Inc.. Such
information is provided on a blind-basis, without any
knowledge as to your industry, identity or specific
circumstances. The application and impact of relevant
laws will vary from jurisdiction to jurisdiction. There
may also be delays, omissions, or inaccuracies in information
contained in this Site.
CAPSTONE
SERVICES, INC.'S SITE MAY CONTAIN FACTS, VIEWS, OPINIONS,
STATEMENTS, AND RECOMMENDATIONS OF THIRD-PARTY INDIVIDUALS
AND ORGANIZATIONS. Capstone Services, Inc. DOES NOT
REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS, OR RELIABILITY
OF ANY ADVICE, OPINION, STATEMENT, RECOMMENDATIONS,
OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED
THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE
ON ANY SUCH OPINION, STATEMENT, RECOMMENDATIONS, OR
INFORMATION WILL BE AT YOUR SOLE RISK. FURTHERMORE,
CAPSTONE SERVICES, INC. DOES NOT WARRANT, GUARANTEE
OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OF,
OR ACCURACY OF ADVERTISEMENTS FOR, ANY MERCHANDISE,
PRODUCTS OR SERVICES OFFERED OR PROVIDED BY ITS ALLIES
OR SUPPLIERS IN CONJUNCTION WITH THE CAPSTONE SERVICES,
INC. SERVICE.
THE
MATERIALS ON THE SITE ARE PROVIDED ON AN "AS IS"
BASIS AND WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY
KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE,
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NON-INFRINGEMENT. CAPSTONE SERVICES,
INC. MAKE NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS,
AND VALIDITY OF ANY MATERIALS ON THE SITE AND DOES NOT
WARRANT THAT THE FUNCTIONALITY CONTAINED ON THE SITE
WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL
BE CORRECTED, OR THAT THIS SITE OR THE SERVER(S) THAT
MAKE IT AVAILABLE DO HAVE VIRUSES PROTECTION BUT DO
NOT GUARENTEE THEY ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS.
Where
applicable law does not allow the exclusions of implied
warranties, the foregoing exclusions may not apply to
you.
EXCLUSION
OF DAMAGES
NEITHER CAPSTONE SERVICES, INC., NOR ITS OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, SUCCESSORS, OR AFFILIATES ARE RESPONSIBLE
OR LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL,
PUNITIVE OR OTHER INDIRECT DAMAGES OR FOR LOSS OF PROFITS,
LOSS OF DATA OR LOSS OF USE DAMAGES, THAT RESULT FROM
THE USE OF, OR THE INABILITY TO USE, THIS SITE OR SERVICES
OR THE INFORMATION CONTAINED ON THIS WEB SITE, EVEN
IF CAPSTONE SERVICES, INC. HAS BEEN ADVISED OF THE POSSIBLITY
OF SUCH DAMAGES.
LIMITATION OF LIABILITY
UNDER
NO CIRCUMSTANCES WILL CAPSTONE SERVICES, INC., ITS SUPPLIERS
OR OTHER THIRD PARTIES MENTIONED AT, OR INVOLVED IN
CREATING, PRODUCING, OR DELIVERING THE SITE BE LIABLE
FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT,
SPECIAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING WITHOUT
LIMITATION, COSTS AND EXPENSES OF ANY TYPE INCURRED,
LOST PROFITS, LOST DATA OR PROGRAMS, AND BUSINESS INTERRUPTION)
ARISING OUT OF YOUR ACCESS TO, USE, INABILITY TO USE
OR THE RESULTS OF USE OF THE SITE, ANY WEB SITES LINKED
TO THE SITE, OR ANY MATERIALS CONTAINED AT ANY OR ALL
SUCH SITES (INCLUDING BUT NOT LIMITED TO THOSE CAUSED
BY OR RESULTING FROM A FAILURE OF PERFORMANCE; ERROR;
OMISSION; LINKING TO OTHER WEB SITES; INTERRUPTION;
DELETION; DEFECT; DELAY IN OPERATION OR TRANSMISSION;
COMPUTER VIRUS; COMMUNICATION LINE FAILURE; OR DESTRUCTION,
UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY
COMPUTER OR SYSTEM), WHETHER BASED ON WARRANTY, CONTRACT,
TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL
THEORY AND WHETHER OR NOT CAPSTONE SERVICES, INC. WAS
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CAPSTONE
SERVICES, INC. SHALL HAVE NO LIABLITY OR RESPONSIBILITY
FOR ANY ACTS, OMISSIONS, OR CONDUCT OF ANY USER OR OTHER
THIRD PARTY.
JURISDICTION
Capstone Services, Inc. operates the Site from its offices
within the United States. Capstone Services, Inc. makes
no representation that information on this Site is appropriate
or available for use outside the United States. Those
who choose to access this Site from outside the United
States do so on their own initiative and are responsible
for compliance with local laws, if and to the extent
local laws are applicable.
COMMENTS,
COMPLAINTS AND QUESTIONS
We welcome your feedback about the Site. However, any
comments, ideas, notes, messages, suggestions or other
communications sent to the Site shall be and remain
the exclusive property of Capstone Services, Inc., and
we may use all such communications in any manner, including
reproducing, disclosing and publishing such communications,
all without compensation to you.
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