Possibilities8.com Terms and Conditions
HOW WE COLLECT AND USE INFORMATION
We may collect and store personal or other information that you voluntarily supply to us online while using the Site (e.g., while on the Site or in responding via email to a feature provided on the Site). Possibilities8.com only contacts individuals who specifically request that we do so or in the event that they have signed up to receive our free newsletters or have purchased one of our products. Possibilities8.com collects personally identifying information from our users during online registration and online purchasing. Generally, this information includes name and e-mail address for registration to receive our free newsletters and name, postal address, and credit card information when purchasing our products. All of this information is provided to us by you.
We also collect and store information that is generated automatically as you navigate online through the Site. For example, we may collect information about your computer's connection to the Internet, which allows us, among other things, to improve the delivery of our web pages to you and to measure traffic on the Site. We also may use a standard feature found in browser software called a “cookie” to enhance your experience with the Site. Cookies are small files that your web browser places on your hard drive for record-keeping purposes. By showing how and when visitors use the Site, cookies help us deliver advertisements, identify how many unique users visit us, and track user trends and patterns. They also prevent you from having to re-enter your preferences on certain areas of the Site where you may have entered preference information before. The Site also may use web beacons (single-pixel graphic files also known as “transparent GIFs”) to access cookies and to count users who visit the Site or open HTML-formatted email messages.
We use the information we collect from you while you are using the Site in a variety of ways, including using the information to customize features and advertising that appear on the Site.
The privacy of our members, advertisers and visitors is important to us and we protect your privacy and anonymity by adhering to the following policies:
1. Possibilities8.com will not release, distribute or sell your personal information to any individual or entity without your explicit permission or request.
2. Possibilities8.com marketing partners have separate privacy and data collection practices that may be different or less protective than ours. Possibilities8.com disclaims any responsibility or liability for our marketing partners independent information handling policies and we recommend you are careful and responsible when providing personal information while interacting with any third party while online.
3. While Possibilities8.com is committed to protecting your privacy, we cannot guarantee the privacy of information transmitted over the Internet and therefore you do so at your own risk.
4. Be aware that we may occasionally release information about our visitors when release is appropriate to comply with law or to protect the rights, property or safety of users of the Site or the public.
5. Please also note that as our business grows, we may buy or sell various assets. In the unlikely event that we sell some or all of our assets, or one or more of our websites is acquired by another Possibilities8.com, information about our users may be among the transferred assets.
1. Possibilities8.com subscribes to the principle of “permission marketing,” which means that we will not send electronic notification to anyone unless they have been referred to us by a member in good standing or have explicitly requested the information.
2. Possibilities8.com does not intentionally or knowingly distribute, condone or encourage spamming practices. We only work with vendors who have validated opt-in lists. Furthermore we request that all our clients respect and adhere to this Anti-spamming Policy and strictly conform to all State and Federal “Spam Legislation”.
3. Possibilities8.com provides recipients with the opportunity to unsubscribe or opt-out with a single click.
4. Possibilities8.com requires that all of our marketing partners contractually agree to use their best effort to ensure that any Possibilities8.com related correspondence result in a positive e-mail experience for all recipients.
To report any incident of spamming by one of our Advertising Partners, click here or go to http://www.spamwarden.com/ReportSpam.php3
Children's Privacy Statement
This children's privacy statement explains our practices with respect to the online collection and use of personal information from children under the age of thirteen, and provides important information regarding their rights under federal law with respect to such information.
• This Site is not directed to children under the age of thirteen and we do NOT knowingly collect personally identifiable information from children under the age of thirteen as part of the Site. We screen users who wish to provide personal information in order to prevent users under the age of thirteen from providing such information. If we become aware that we have inadvertently received personally identifiable information from a user under the age of thirteen as part of the Site, we will delete such information from our records. If we change our practices in the future, we will obtain prior, verifiable parental consent before collecting any personally identifiable information from children under the age of thirteen as part of the Site.
• Because we do not collect any personally identifiable information from children under the age of thirteen as part of the Site, we also do NOT knowingly distribute such information to third parties.
• We do NOT knowingly allow children under the age of thirteen to publicly post or otherwise distribute personally identifiable contact information through the Site.
• Because we do not collect any personally identifiable information from children under the age of thirteen as part of the Site, we do NOT condition the participation of a child under thirteen in the Site's online activities on providing personally identifiable information.
We want you to be happy!
Products: If you do not feel that a Possibilities8.com product meets your expectations of quality and value, simply return it to the Possibilities8.com office by following the instructions below. Programs: Within 30 days from the date of enrollment into any of the Possibilities8.com
Programs, if you do not feel it is right for you, we will promptly refund your investment, less a 10% processing fee, and inactivate your access information to the Program Resource area.
Refund Request Process:
We are committed to your satisfaction and have established the following guidelines to ensure that your request for a refund is handled properly.
1. Your request for a refund must be received via email.
2. Please specify the reason for your request and information that may help us understand your decision. If you are returning physical product, please include a letter with the information above and send it with the items to: Possibilities8.com, 11445 E Via Linda, Suite# 2 Scottsdale, AZ 85259
3. Your request will be processed within 4 business days of receipt.
We cannot be responsible for packages lost during return. Therefore, we highly recommend that your return be sent as an insured package.
The credit for your return will be applied to the credit card used to make the purchase. It may take up to two credit card billing cycles for the credit to appear on your statement.
COMPLAINTS AND CONCERNS
Possibilities8.com takes seriously any complaints regarding its members or advertisers and has established a Compliance Department for the handling of such issues. The following steps will be taken with every complaint filed with the Possibilities8.com:
1. Complaint received
2. Complaint substantiated
3. Letter sent from Compliance Department (Given 30 days to comply and notice of the possibility of loss of membership.)
4. Terminate by a specific date
To issue a complaint regarding a Possibilities8.com member or advertiser, click here service@Possibilities8.com.
Our Limited License to You. This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
Your License to Us. By posting or submitting any material (including, without limitation, comments, blog entries, photos and videos) to us via the Site, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you submit or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.
You acknowledge and agree that any contributions originally created by you for us shall be deemed a “work made for hire” when the work performed is within the scope of the definition of a work made for hire in Section 101 of the United States Copyright Law, as amended. As such, the copyrights in those works shall belong to Possibilities8.com from their creation. Thus, Possibilities8.com shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as Possibilities8.com determines. In the event that any of the results and proceeds of your submissions hereunder are not deemed a “work made for hire” under Section 101 of the Copyright Act, as amended, you hereby, without additional compensation, irrevocably assign, convey and transfer to Possibilities8.com all proprietary rights, including without limitation, all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any posted material which are reproductions of prior works by you shall be co-owned by us.
You acknowledge that Possibilities8.com has the right but not the obligation to use and display any postings or contributions of any kind and that Possibilities8.commay elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.
Limitations on Linking and Framing. You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property.
Throughout the Site, we may provide links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites.
In addition, neither we nor affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to by us on the Site. If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not Possibilities8.com. Neither Possibilities8.com nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, Possibilities8.com neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites by anyone other than an authorized Possibilities8.com representative while acting in his/her official capacity.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND BY POSSIBILITIES8.COM AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
You agree at all times to defend, indemnify and hold harmless Possibilities8.com its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.
1. Possibilities8.com provides users with access to many online resources, including educational tools, products, services, programs and promotional specials through its website and network of advertisers and members. The Service is provided “AS IS” and Possibilities8.com assumes no responsibility for the timeliness, deletion, miss-delivery or failure to store any user communications or personalized settings.
2. Possibilities8.com reserves the right to charge a $30 service fee for any check that is returned due to insufficient funds.
3. Use of the Service by a User constitutes an implicit agreement by such User to be bound by all of the terms and conditions of this Usage Agreement, as set forth below. Each User is required to agree to these terms and conditions to use the Service. Users and other parties are separately bound by the terms of their separate agreements with the Possibilities8.com.
4. The Service may only be used by individuals on their own behalf for their personal, non-commercial use, provided the User keeps intact all copyright and other proprietary notices, and not by any commercial entity, such as any corporations, partnerships or other non-natural entities without the express, prior written or electronic consent of the Possibilities8.com.
5. Possibilities8.com reserves the right to alter or delete material from the Service, in its sole and absolute discretion, at any time, and may, at any time, revise the terms of this Usage Agreement and the conditions applicable to use of the Service by posting such changes on the web site. Such changes, additions or deletions shall be effective immediately upon posting or when any other reasonable method of providing notice is given. Users are bound by any such revision and should therefore periodically visit this page at least on a monthly basis to review the then current terms of this Usage Agreement. Any use of the Service after any such revisions shall be deemed to constitute acceptance of such changes, additions or deletions.
6. Each User agrees that any information provided by such User will be truthful, accurate and not misleading, to the best of the User's knowledge. Each User must maintain and promptly update his/her personal information to keep it true, accurate, current, and complete. Otherwise, Possibilities8.com has the right to suspend or terminate User's account and refuse any and all current or future use of the Service.
7. Each User will receive their account identification and password upon completing the Service's registration and payment process. Users are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under the Users' password or account. Users agree to immediately notify Possibilities8.comof any unauthorized use of their password or any other breach of security. Possibilities8.com will not be liable for any loss or damage arising from Users failure to comply with this Clause.
8. No User shall engage in any conduct that, as determined in the Alliance ‘s sole and absolute discretion, inhibits any other User from using or enjoying the Service. Each User agrees not to disrupt, interfere or otherwise impede the performance of the Service. No User shall upload, post, email, transmit or otherwise make available any material that contains software viruses or any other code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. No User shall intentionally or unintentionally violate any applicable local, state, national or international law. No User shall collect or store personal data about other users. It is a condition of your use of the Site that you do not:
• Restrict or inhibit any other user from using and enjoying the Site.
• Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site. • Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person. • Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means.
• Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.
• Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
• Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
• Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component.
• Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
• Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval. • Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.
9. Possibilities8.com may host message boards, chats and other public forums on its Sites. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the message boards, chats or other public forums in the future. Possibilities8.com or its designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by Possibilities8.com staff, Possibilities8.com‘s outside contributors, or by users not connected with Possibilities8.com, some of whom may employ anonymous user names. Possibilities8.com expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of Possibilities8.com or any of its subsidiaries or affiliates. 10. Possibilities8.com has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.
11. Recognizing the global nature of the Internet, Users agree to comply with all local rules regarding online conduct and acceptable content. Specifically, Users agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
12. Each User acknowledges that Possibilities8.com reserves the right, in its sole and absolute discretion and for any reason, to delete or remove any Information (including without limitation Information which Possibilities8.comdetermines, in its sole and absolute discretion, to be offensive, racist, lewd, profane, obscene, rude, abusive, defamatory or otherwise objectionable) provided for inclusion in the Service. Possibilities8.com reserves the exclusive right to establish and modify the criteria for what constitutes offensive content.
13. Each User acknowledges that Possibilities8.com shall have the right, in its sole and absolute discretion, for any or no reason, to restrict or terminate, either temporarily or permanently, such User's access to the Service, due to any violations of this Usage Agreement.
14. Each User hereby agrees to protect, defend, indemnify and hold harmless Possibilities8.com (and its owners and affiliates) and each applicable Partner, their officers, directors, employees, agents and licensees from and against any and all liability including expenses relating thereto, such as reasonable attorneys' fees, relating to or arising from such User's violation of the terms of this Usage Agreement or from such User's misuse or abuse of the Service.
15. Each User acknowledges and agrees that the use of the Service is at the User's sole risk. Each User acknowledges that any uploads or transmissions made by such User may be intercepted and used by an unauthorized third party and that all of the risk associated therewith is solely the User's. Possibilities8.com and, as applicable, any Partner, makes the Service available on an “as is,” available basis, without warranties of any kind, whether express or implied.
16. Each User acknowledges that the obligations of Possibilities8.com and each applicable Partner are solely corporate obligations. No Affiliate, Subscriber, Partner, stockholder, director, officer, employee, consultant or member of Possibilities8.com shall be subject to any personal liability whatsoever to a User, nor will any such claim be asserted (directly, derivatively or otherwise) by or on behalf of any User or any successors and assigns of any User.
17. Each User acknowledges that the sole remedy for any damages caused or allegedly caused by any failure of performance, error, omission, interruption, defect, delay in operation or transmission, or other cause associated with the Service, shall be to terminate such User's membership, if applicable, remove any Information provided by the User to the Alliance, and discontinue further use of the Service. In no event shall the Alliance ‘s total liability to a User for all damages, losses and causes of action (whether in contract, tort, including without limitation negligence, or otherwise) exceed the amount paid, if any, by a User for the Service. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE'S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS. THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND COMPANY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. PARTICIPANT ACKNOWLEDGES AND AGREES THAT NO REPRESENTATION HAS BEEN MADE BY BF OR ITS AFFILATES AND RELIED UPON AS TO THE FUTURE INCOME, EXPENSES, SALES VOLUME OR POTENTIAL PROFITABILITY THAT MAY BE DERIVED FROM THE PARTICIPATION IN THIS PROGRAM.
18. Possibilities8.com respects the intellectual property rights of others and requires those that visit our Web site to do the same. Possibilities8.com may, in appropriate circumstances and at its discretion, remove or disable access to material on its Web site that infringes upon the copyright privileges of others. Possibilities8.com also may, at its discretion, remove or disable links or references to an online location that contains infringing material or infringing activity.
19. Any controversy, dispute or claim between Possibilities8.com and any other party arising out of/or involving any Possibilities8.com business relationship shall be resolved by binding arbitration. The arbitration shall be conducted in accordance with the Procedures of the American Arbitration Association in Phoenix, Arizona. This arbitration agreement does not cause waiver or modification of either party's right to legal proceedings in a court residing in the same judicial jurisdiction as stated herein, to enforce any unpaid monetary debts by either party, as awarded by the arbitrator following Binding Arbitration. The parties agree to such venue as the forum of choice of the parties.
20. SAFE SHOPPING POLICY Under federal law, a credit card issuer cannot make you liable for charges in excess of $50.00 that result from the unauthorized use of your credit card. There are similar federal laws that relate to debit cards. Exceptions do apply, and you will have to comply with the rules of your credit card or debit card issuer, so please contact your card issuer for further details. If a credit card or debit card issuer assesses you a fee because of the unauthorized use of your credit card or debit card on our site, Possibilities8.com will reimburse you for such amount up to $50.00. Please contact our Customer Service for details.
21. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by COMPANY infringe your copyright, you, or your agent may send to COMPANY a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon COMPANY actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to COMPANY a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. COMPANY's Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: Heather@Possibilities8.com
22. This Agreement is executed and performed in the State of Arizona, and its validity, interpretation and performance shall be controlled by and construed under the laws of that state. Possibilities8.com and User agree to submit to the personal and exclusive jurisdiction of any non-arbitrable claims in the United States District Court for Arizona or any Arizona state court sitting in the district within which Possibilities8.com maintains its principal office.