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You are here: Home / Terms of Use

Terms of Use

TERMS OF USE

ALL PERSONS ARE DENIED ACCESS TO THIS SITE UNLESS THEY READ AND ACCEPT THIS TERMS OF USE POLICY AND THE INQUARTA, INC. PRIVACY POLICY.

BY VIEWING, VISITING, USING, OR INTERACTING WITH THIS WEBSITE OR WITH ANY BANNER, POP-UP, OR ADVERTISING THAT APPEARS ON IT, YOU ARE AGREEING TO ALL THE PROVISIONS OF THIS TERMS OF USE POLICY AND THE PRIVACY POLICY OF THIS WEBSITE.

ALL PERSONS UNDER THE AGE OF 18 ARE DENIED ACCESS TO THIS WEBSITE.  IF YOU ARE UNDER 18 YEARS OF AGE, IT IS UNLAWFUL FOR YOU TO VISIT, READ, OR INTERACT WITH THIS WEBSITE OR ITS CONTENTS IN ANY MANNER.  THIS WEBSITE SPECIFICALLY DENIES ACCESS TO ANY INDIVIDUAL THAT IS COVERED BY THE CHILD ONLINE PRIVACY ACT (COPA) OF 1998.

THIS WEBSITE RESERVES THE RIGHT TO DENY ACCESS TO ANY PERSON OR VIEWER FOR ANY REASON.  UNDER THE TERMS OF THE PRIVACY POLICY, WHICH YOU ACCEPT AS A CONDITION FOR VIEWING, THE WEBSITE IS ALLOWED TO COLLECT AND STORE DATA AND INFORMATION FOR THE PURPOSE OF EXCLUSION AND FOR MANY OTHER USES.

THIS TERMS OF USE AGREEMENT MAY CHANGE FROM TIME TO TIME.  VISITORS HAVE AN AFFIRMATIVE DUTY, AS PART OF THE CONSIDERATION FOR PERMISSION TO VIEW THIS WEBSITE, TO KEEP THEMSELVES INFORMED OF CHANGES. 

PARTIES TO THE TERMS OF USE AGREEMENT

Visitors, viewers, users, subscribers, members, or customers, collectively referred to herein as “Visitors,” are parties to this agreement.  This website and its owners and/or operators are parties to this agreement, herein referred to as “Website.”  This Website is owned and operated by INQUARTA, INC., 628 9TH ST..

USE OF INFORMATION FROM THIS WEBSITE

Unless you have entered into an express written contract with this website to the contrary, visitors, viewers, subscribers, members, or customers have no right to use this information in a commercial or public setting; they have no right to broadcast it, copy it, save it, print it, sell it, or publish any portions of the content of this website.  By viewing the contents of this website you agree to this condition of viewing and you acknowledge that any unauthorized use is unlawful and may subject you to civil or criminal penalties.

Again, Visitor has no rights whatsoever to use the content of, or portions thereof, this Website including its databases, invisible pages, linked pages, underlying code, or other intellectual property the site may contain, for any reason for any use whatsoever.  Visitor agrees to liquidated damages in the amount of U.S.$100,000 in addition to costs and actual damages for breach of this provision.  Visitor warrants that he or she understands that accepting this provision is a condition of viewing and that viewing constitutes acceptance.

OWNERSHIP OF WEBSITE OR RIGHT TO USE, SELL, PUBLISH CONTENTS OF THIS WEBSITE

The Website and its contents are owned or licensed by INQUARTA, INC..  Material contained on the website must be presumed to be proprietary and copyrighted.  Visitors have no rights whatsoever in the site content.  Use of website content for any reason or than for Visitors personal use in accordance with these Terms of Use, is unlawful unless it is done with express contract or permission of the website.

HYPERLINKING TO SITE, CO-BRANDING, “FRAMING” AND REFERENCING SITE PROHIBITED

Unless expressly authorized by the Website, no one may hyperlink this site, or portions thereof, (including, but not limited to, logotypes, images, trademarks, or copyrighted material) to any other site for any reason.  Further, Visitors are not allowed to reference the URL (website address) of the website in any commercial or non-commercial media without express permission, nor are you allowed to ‘frame’ the site.  If Visitor is enrolled in the Website’s Affiliate Program, then the terms of this Website’s Affiliate Program apply and control any linking by Visitor to the Website.  Visitor specifically agrees to cooperate with the Website to remove or de-activate any such activities and Visitor shall be liable for all damages.  Visitor hereby agrees to liquidated damages of US$100,000.00 plus costs and actual damages for violating this provision.

DISCLAIMER FOR CONTENTS OF SITE

The Website disclaims any responsibility for the accuracy of the content of this website. Visitors assume all risk of viewing, reading, using, or relying upon this information.  Unless you have otherwise formed an express contract to the contrary with the Website, you have no right to rely on any information contained herein as accurate.  The Website makes no such warranty.

DISCLAIMER FOR HARM CAUSED TO YOUR COMPUTER OR SOFTWARE FROM INTERACTING WITH THIS WEBSITE OR ITS CONTENTS. VISITOR ASSUMES ALL RISK OF VIRUSES, WORMS, OR OTHER CORRUPTING FACTORS.

The website assumes no responsibility for damage to computers or software of Visitor or any person Visitor subsequently communicates with from corrupting code or data that is inadvertently passed to Visitor’s computer.  Again, Visitor views and interacts with this site, or banners or pop-ups or advertising displayed thereon, at his own risk.

DISCLAIMER FOR HARM CAUSED BY DOWNLOADS

Visitor downloads information from this site at Visitor’s own risk.  Website makes no warranty that downloads are free from corrupting computer codes, including, but not limited to, viruses and worms.

LIMITATION OF LIABILITY

By viewing, using, or interacting in any manner with this site, including banners, advertising, pop-ups, or downloads, and as a condition of Website to allowing Visitor’s lawful viewing, Visitor forever waives all right to claims of damage of any and all kind or type based on any causal factor resulting in any possible harm, no matter how heinous or extensive, whether physical or emotional, foreseeable or unforeseeable, whether personal or business in nature.

INDEMNIFICATION

Visitor agrees that in the event he causes damage, which the Website is required to pay for, Visitor, as a condition of viewing, promises to reimburse the Website for all.

SUBMISSIONS

Visitor agrees as a condition of viewing, that any communication between Visitor and Website is deemed a submission.  All submissions, including portions thereof, graphics contained thereon, or any of the content of the submission, shall become the exclusive property of the Website and may be used, without further permission, for commercial use without additional consideration of any kind.  Visitor agrees to only communicate that information to Website, which it wishes to forever allow the Website to use in any manner as it sees fit.  “Submissions” is also a provision of the Privacy Policy.  Such “Submissions” include, but are not limited to, comments left on Website, posts made in Website’s Forum or Groups, messages left on Website’s Social Media accounts (including Website’s profile and/or page on Facebook, Twitter, LinkedIn, MySpace, YouTube, Plaxo, Google+, or any other social site on which Website may have a presence).

NOTICE

No additional notice of any kind for any reason is due Visitor and Visitor expressly warrants an understanding that the right to notice is waived as a condition for permission to view or interact with tWebsite.

DISPUTES

As part of the consideration that Website requires for viewing, using or interacting with this website, Visitor agrees to use binding arbitration for any claim, dispute, or controversy (“CLAIM”) of any kind (whether in contract, tort, or otherwise) arising out of or relating to any purchase, any product, including solicitation issues, privacy issues, and terms of use issues.

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 Website.

In no case shall Visitor have the right to go to court or have a jury trial.  Visitor will not have the right to engage in pre-trial discovery except as provided in the Arbitration rules; Visitor 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, travel expenses.

JURISDICTION AND VENUE

If any matter concerning the use of this Website shall be brought before a court of law, pre- or post-arbitration, Visitor agrees to the sole and proper jurisdiction to be the City of HUNTINGTON BEACH, COUNTY OF ORANGE, State of CALIFORNIA, USA.  In the event that litigation is in a federal court, the proper court shall be the federal court in the United States of America.

APPLICABLE LAW

Viewer, visitor, member, subscriber or customer agrees that the applicable law to be applied shall, in all cases, be that of the state of City of HUNTINGTON BEACH, COUNTY OFORANGE, State of CALIFORNIA, USA.

CONTACT INFORMATION
DONO@INQUARTA.COM

Don Osborne
INQUARTA, INC.
628 9TH ST.
HUNTINGTON BEACH, CALIFORNIA  92648
714-248-6550

DISCLAIMER

 DEFINITIONS

THE DEFINITIONS WHICH FOLLOW ARE MEANT ONLY FOR CONVENIENCE. THIS DISCLAIMER MAY CHANGE WITHOUT NOTICE. YOU ARE DIRECTED TO REGULARLY CHECK THE SITE FOR THE MOST CURRENT VERSION OF THIS DOCUMENT AND YOU ARE RESPONSIBLE FOR CONFORMING YOUR ACTIONS TO THE MOST CURRENT VERSION OF THIS DOCUMENT.

INQUARTA, INC. (referred to as “Our”, “Us” and/or “We”) owns and operates a website and an Affiliate Program at INQUARTA.COM and may also publish various information products sold through said website (hereinafter collectively referred to as the “Site”).

“The Information” refers to the content published by INQUARTA, INC. that suggests, states, implies, discusses, or in any way gives advice or guidance.  The Information can include but not be limited to, advice related to:

  • Earning of commissions, monies, or credits through any means, making of sales, profits or profitability, or other strategies related to making money or building a business
  • Improving health or wellness generally or pertaining to treatment or management of specific conditions or illnesses
  • Financial advice or any sort, whether personal or commercial in nature

The Information published by INQUARTA, INC. may appear on the Site or it may be published or contained on or in:

  • The Site
  • INQUARTA, INC.’s Blog (whether included on the Site or published separately through a service such as WordPress.com, Blogger.com, etc.)
  • INQUARTA, INC.‘s information products
  • The Site’s articles (whether published directly on the Site or re-published elsewhere on the internet, on sites not owned or operated by INQUARTA, INC.)
  • Reports
  • Newsletters published by INQUARTA, INC. on or through the Site
  • INQUARTA, INC. ‘s Membership sites (whether distributed for free or on a paid basis)
  • The Site’s RSS feed
  • Any profile or online presence maintained by INQUARTA, INC. or any profile or social online presence maintained by any employee, affiliated company, Affiliate, or associate of INQUARTA, INC.).  This includes information published on social profiles, article directories, video directories, RSS directories, podcasting directories, social networking sites of any type, or other websites that allow people to create profiles or to publish their own information.  Such sites include, but are not limited to:
    • Twitter
    • Facebook
    • LinkedIn
    • Plaxo
    • Tobri
    • Google+
    • FriendFeed
    • YouTube
    • ITunes
    • And other websites of this type

“You” refers to any person who uses the INQUARTA, INC. Site or The Information (as defined herein), including (but not limited to) any customer. Affiliate, member, or other individual or entity who has any interest in or who is currently purchasing, joining, participating in, responding to, following, or adhering to any program, strategy, or information owned, operated, licensed, provided, and/or offered by INQUARTA, INC. on the Site or in The Information (as defined herein).

 

Disclaimer

INQUARTA, INC. makes no implications, warranties, promises, suggestions, or guarantees whatsoever, in any manner of speaking, in whole or in part, that by purchasing, joining, participating in, responding to, following, or adhering to The Information contained on the Site or in any of The Information (regardless of whether it appears on the Site or elsewhere in digital or print creative format), that You will earn any money whatsoever (or whatever the content in question may appear to imply such as the earning of advertising credits, getting an amount of website traffic, etc. in certain instances).

Any earnings or income statements, or any earnings or income examples, are only estimates of what we think You could earn. There is no assurance that You will do as well as stated in any examples. If You rely upon any figures provided, You must accept the risk of not doing as well as the information provided. This risk applies whether the earning or income examples are monetary in nature or pertain to traffic, conversions, advertising credits that may be earned, etc.

There is no assurance that any prior successes or past results as to earnings or income will apply, nor can any prior successes be used, as an indication of Your future success or results from any of the information, content, or strategies. Any and all claims or representations as to income or earnings are not to be considered as “average earnings”.

The testimonials and examples used are exceptional results, don’t apply to the average person and are not intended to represent or guarantee that anyone will achieve the same or similar results. Where specific income or earnings figures are used and attributed to a specific individual or business, that individual or business has earned that amount. There is no assurance that You will do as well using the same information or strategies. If You rely on the specific income or earnings figures used, You must accept the risk of not doing as well.

Your success in using the information or strategies, or participation in the Affiliate Program, depends on a variety of factors. We have no way of knowing how well You will do, as we do not know You, Your background, Your work ethic, Your dedication, Your motivation, Your desire, or Your business skills or practices. Therefore, INQUARTA, INC. does not guarantee or imply that You will get rich, that You will do as well, or that You will have any results at all.

Internet businesses and earnings derived therefrom, involve unknown risks and are not suitable for everyone. You may not rely on any information presented on the website or in The Information unless You do so with the knowledge and understanding that You can experience significant losses (including, but not limited to, the loss of any monies paid to purchase any information products or memberships and/or any monies spent setting up, operating, and/or marketing any products and/or services, and/or any fees required by law to start, set up, or operate Your website or autoresponder where you distribute any products, services, or memberships and/or any other monies expended at all with regard to such products, services, or memberships, and/or any monies spent for any purpose whatsoever in relation to, or on account of, the products, services, or memberships), and further, that You may have no earnings at all.

MATERIALS CONTAINED ON THE SITE OR IN THE INFORMATION 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 THE INFORMATION ARE INTENDED TO EXPRESS OUR OPINION OF EARNINGS POTENTIAL. 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, IN FACT NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM OUR IDEAS AND TECHNIQUES IN OUR MATERIAL.

You are advised to do Your own due diligence when it comes to making business decisions and should use caution and seek the advice of qualified professionals. You should check with Your accountant, lawyer, or professional advisor, before acting on this or any information. You may not consider any examples, documents, or other content in The Information to be the equivalent of legal advice. Nothing contained in The Information provides legal advice in any way. You should consult with Your own attorney on any legal questions You may have.

We assume no responsibility for any losses or damages resulting from Your use of The Information, any link, information, or opportunity contained within the Site or The Information, in any form or creative format whatsoever.

Please note that the content of this page may change without prior notice.

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