Terms of Service -  Click here for Privacy Policy

WEB SITE TERMS OF USE

You must be 18 years of age or older to access this website. That does not mean it is an "adult content" or pornographic site. It just means that children are not welcome.

Wow! You actually came to this page. Our lawyers made us include it and made us use a precious button on our home page to get you here. At first, we thought the lawyers were a real pain. But then we read the page. What a Netwakening! It's really important stuff. We took the legalese the lawyers wrote and translated it into readable English. So be a smart nethead and read the stuff on this page. It could prevent you from hearing from our lawyers, or worse yet, from really nasty people, like prosecutors.

Here's the deal:

We run this site so that people like you (and people you like) can use it for personal entertainment, information, education, communication, and cybergratification. So go ahead and browse around all you like. You can even download stuff from the site but only for non-commercial, personal use. If you do, though, don't fool around with the copyright and other notices all over the stuff. They're there for a really good reason. And don't even think about distributing, modifying, transmitting, reusing, re-posting, or anything else uncool with any of the stuff, including the text, images, audio, and video, for public or commercial purposes unless we give you written permission. And it's not likely we will.

If you visit our site, you're also legally obligated to [read: stuck with] the terms and conditions listed below and any other law or regulation that applies to the site, the Internet, the World Wide Web, or Los Angeles, CA. You shouldn't access or browse the site if you have any problem with that, because once you start, there's no turning back -- you are bound by [read: stuck with] the terms and conditions.

So here's the scoop on our Top Ten Rules for Cybersurfers who hang out on our site:

  1. For everyone's sake, just assume that everything on the site is copyrighted unless we say it's not. So you can't use the stuff except how we say you can on this page or anywhere else on the site without our written permission. And like we said before, it's not likely we'll give you permission anyway. In fact, even if we wanted to, the lawyers are likely to veto any deal anyway. So it's better you don't even ask.
  2. While we try to include accurate stuff on the site, we're not promising you it's accurate. In fact, we're not promising you anything except fun and entertainment. So if you use stuff on the site, you're using it at your own risk. Don't call us if there's a problem because we assume no liability or responsibility for errors or omissions on the site.
  3. We and anybody else who helped us create, produce, or deliver the site are not liable for any damages you suffer when you use it. In particular, the lawyers want you to know that our disclaimer includes "direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the site. Without limiting the foregoing, everything on the site is provided to you 'AS IS' WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. " Ugh! What a mouthful from the mouthpieces. We put all of that in quotes because we couldn't figure out any other way to say it that the lawyers would accept. But here's the bottom line -- we're not responsible if you're browsing around and the site damages you or your computer or infects it with any nasty viruses. We sure hope that doesn't happen, but if it does, don't call us.
  4. If you don't want the world to know something, don't post in on the site in any bulletin board or anyplace else. That's because anything you disclose to us is ours. That's right -- ours. So we can do anything we want with the stuff you post. We can reproduce it, disclose it, transmit it, publish it, broadcast it, and post it someplace else. We can even send it to your mother (as soon as we find her address). Not only that, we can even use any ideas, concepts, know-how, or techniques you post any way we want to, including, developing, manufacturing and marketing products or other stuff using the information you post.
  5. Pictures of people or places shown on the site are either our property or someone else's property we're using with their permission. No matter what, it's definitely not your property. You or any of your net-friends can't use it unless we said you could on this page or somewhere else on the site. And guess what -- we won't say yes. So be careful, Bunky, because unauthorized use may violate all sorts of nasty laws. Be smart, keep the stuff you download to yourself.
  6. There's also a lot of trademarks, logos, and service marks on the site that either we own or we're using with someone else's permission. So don't think you have any kind of license or right to use them, because you don't and we're not about to give you one. If you don't leave them alone and mess with our trademarks, logos and service marks on our site, we'll probably go ballistic, so will the companies that own the other trademarks, logos and service marks. That means that we're likely to sue you or to ask a prosecutor to come after you for messing around with our property or the property of others.
  7. You'll probably notice we've linked our site to lots of others. While that's cool, it doesn't mean we've looked at all those sites, much less checked them out periodically to see what's going on. So don't blame us if some site you link to is bad or has stuff on it that offends you or your pets. Go ahead and link, but remember, you're doing it at your risk.
  8. That brings us to what you do on our own site. While we occasionally listen in on chat groups, or look at the posting in our discussion groups or on our bulletin boards, we take no responsibility and assume no liability for the content of those locations or for any mistakes, defamation, libel, slander, omissions, falsehoods, obscenity, pornography, or profanity you might encounter when you visit such places on our site. And don't be stupid by posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, nasty, mean, or profane material or any material that law enforcement types may consider a criminal offense, get someone in court on a civil lawsuit, or for that matter violate any law -- anywhere, anytime. While we certainly respect your privacy, we have no choice but to fully cooperate with any law enforcement authorities or court which might ask us who might have posted nasty stuff on our site.
  9. Software that we use on this Site is protected by all sorts of patriotic U.S. laws. Because of that, you can't download or send the software to anyone in the vacation travel spots of Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country where United States has embargoed goods; or (get this) to anyone on the United States Treasury Department's list of Specially Designated Nationals, the U.S. Commerce Department's Table of Deny Orders, or the FBI's Most Wanted Internet Creeps List (just kidding on the last one). As if that were not tough enough, if you live in or are a national of any of those lovely places, you're not even supposed to be reading this page, so beat it!
  10. We're also allowed to change this page and anything else on the site any time we want to. That's because it's ours and we have the programmers who can do it. If we do change the page, then you're bound by [read: stuck with] those changes, too, whenever you visit our site.
  11. If either of us wants to make something of it and wants to “sue” (a dirty word) then we have to follow these rules of engagement. (sort of according to the Geneva Convention):

This Agreement is governed by the laws of the State of New Hampshire, without regard to principles of conflict of laws.

To the extent you have in any manner violated or threatened to violate CBmall and/or its affiliates' intellectual property rights, CBmall and/or its affiliates may seek injunctive or other appropriate relief   in any state or federal court in the State of New Hampshire, and you consent to exclusive jurisdiction and venue in such courts.

Any other disputes will be resolved as follows:

If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Manchester, NH. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.

If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Manchester, NH, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.

If this all sounds kind of mean and undiplomatic, you should have seen what the lawyers gave to us in the first place. We had to remind them that human torture and sacrifice was outlawed in the United States. Boy, did they look disappointed.

 

Privacy
 

OUR PRIVACY POLICY

CBmall respects your privacy. Please be aware that we appreciate the trust you place in us by providing information on this web site, and our commitment to you is to use this information with both care and sensitivity. The information we collect from visitors to our web site helps us continually improve the products we offer to our valued customers. Types of information collected are outlined as follows:

  • Any information you voluntarily enter on our web site, which may include your name, mailing and e-mail addresses, telephone numbers and other personal information, is maintained and may be utilized by CBmall to help us improve our web site and to identify, improve and promote products and services in which you may have an interest. This information may be shared with 3rd parties which I personally approve of for the above purposes.
  • In addition, we use “cookies” (as do the vast majority of other companies that do business on the World Wide Web) when you visit our site, which are alphanumeric identifiers that we transfer to your computer’s hard drive through your web browser. Information we collect and analyze via cookies includes the Internet Protocol (IP) address used to connect your computer to the Internet, computer and connection information such as browser type and version, operating system and platform, date and time of your visit, and cookie number. If you do not wish to have cookies placed on your computer, please review the options listed in the Help portion of the toolbar on your computer. The toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether.

CBmall periodically sends e-mail offers, or authorizes others to send e-mail offers, to its web site visitors on behalf of other vendors and advertisers with whom we have a business association or relationship. By providing information on this web site, you are agreeing to receive these periodic e-mail offers, which CBmall believes may be of interest to you as a consumer. If you do not wish to receive e-mail offers from us, please be sure to scroll down to the bottom of the first e-mail you receive and click on the opt-out link provided, which will remove your e-mail address from our database. You will then receive no further e-mail communications from us. If you do not scroll down to the bottom of the first e-mail you receive (or any e-mails thereafter), you will continue to receive e-mail offers from CBmall until you choose to click on the opt-out link that will be provided in each e-mail you receive from us.

We will release account and other personal information when such release is necessary to comply with any state, federal or international laws, or when, in our judgment, we determine it to be necessary to protect the rights, property or safety of CBmall or our valued customers. This includes exchanging information with other companies and organizations for fraud protection.

Please note that CBmall’s web site uses secure payment processing software that encrypts all financial information you input when you place an order. Any and all financial transactions you make through CBmall’s payment systems will be protected while you are doing business on our web site.If you have any concern about privacy at CBmall’s web site, please send us an e-mail at , and we will make every effort to address your inquiry in a timely manner.

CBmall reserves the right to add to, delete from or in any other way modify any or all of this Privacy Policy without prior notification. Changes to this Privacy Policy shall be noticed by posting a revised Privacy Policy and its effective date on our web site

Children’s Privacy

You must be 18 years old to visit this site. This site is not intended for minors and is not subject to the Children's Online Privacy Act (COPA).

We do not knowingly collect personal information from children under the age of 18. If we learn that we have personal information on a child under the age of 18, we will delete that information from our systems. CBmall encourages parents to go online with their kids. Here are a few tips to help make a child's online experience safer:

Teach kids never to give personal information, unless supervised by a parent or responsible adult. Includes name, address, phone, school, etc.

Know the sites your kids are visiting and which sites are appropriate.

Look for Web site privacy policies. Know how your child's information is treated.

Check out the FTC's site for more tips on protecting children's privacy online.

Contacting Us.

We can be reached by contacting:

Email:

Online Commerce
CBmall may allow you to purchase many different types of products and services online that are provided by third parties. CBmall is not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant hosted by CBmall or linked to by CBmall, the information obtained during your visit to that merchant's online store, and the information that you give, such as your credit card number and contact information, is collected by the merchant and not by CBmall. These merchants may have separate privacy and data collection practices. CBmall has no responsibility or liability for these independent policies. For more information regarding the merchant, its online store, and its privacy policies, return to that store's home page and click on its information links or contact the merchant website directly. You release CBmall and its affiliates from any damages that you incur, and agree not to assert any claims against them, arising from your purchase or use of any products or services made available by third parties through CBmall.

Limitation of Liability
Under no circumstances, including, but not limited to, negligence, shall CBmall, its 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, CBmall materials, products or services, or third party materials, products or services made available through CBmall. You specifically acknowledge and agree that CBmall is not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with any CBmall materials, products or services or with any of CBmall's terms and conditions, your sole and exclusive remedy is to discontinue using CBmall. You may request a refund in full within 60 days of the beginning of your service.

Store Owner Terms of Service

AFFILIATE AGREEMENT

EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT THIS PRODUCT AND IT'S POTENTIAL.  EVEN THOUGH THIS INDUSTRY IS ONE OF THE FEW WHERE ONE CAN WRITE THEIR OWN CHECK IN TERMS OF EARNINGS, THERE IS NO GUARANTEE THAT YOU WILL EARN ANY MONEY USING THE TECHNIQUES AND IDEAS IN THESE MATERIALS.  EXAMPLES IN THESE MATERIALS ARE NOT TO BE INTERPRETED AS A PROMISE OR GUARANTEE OF EARNINGS.  EARNING POTENTIAL IS ENTIRELY DEPENDENT ON THE PERSON USING OUR PRODUCT, IDEAS AND TECHNIQUES.  WE DO NOT PURPORT THIS AS A “GET RICH SCHEME.” 

ANY CLAIMS MADE OF ACTUAL EARNINGS OR EXAMPLES OF ACTUAL RESULTS CAN BE VERIFIED UPON REQUEST.  YOUR LEVEL OF SUCCESS IN ATTAINING THE RESULTS CLAIMED IN OUR MATERIALS DEPENDS ON THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES MENTIONED, YOUR FINANCES, KNOWLEDGE AND VARIOUS SKILLS.  SINCE THESE FACTORS DIFFER ACCORDING TO INDIVIDUALS, WE CANNOT GUARANTEE YOUR SUCCESS OR INCOME LEVEL.  NOR ARE WE RESPONSIBLE FOR ANY OF YOUR ACTIONS. 

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 HERE OR ON ANY OF OUR SALES MATERIAL 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'S, IN FACT NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM OUR IDEAS AND TECHNIQUES IN OUR MATERIAL.

This agreement describes the entire terms and conditions for participation in the CBmall Affiliate Program and pertains to the reselling of CBmall Storefronts.

In this agreement, the term "Affiliate" refers to you (the applicant). Wherever the agreement refers to "you" or "your", it means "the Affiliate"; "we" or "our" refers to CBmall

Affiliate Site

CBmall will create a unique URL for you when you submit a complete the Registration Form.

Commissions

You will receive 50% of the CBmall Storefront revenue as a commission from orders placed through your Affiliate Site for CBmall Storefronts (unless noted otherwise for a particular product) less the charges outlined by ClickBank in their agreement http://www.clickbank.com/paychecks.html . For a sale to generate a commission to an Affiliate, the customer must complete the order form and remit full payment for the product ordered. Commissions will only be paid on sales that are made through qualified Affiliate links. NOTE: If you sell a ClickBank product that isn't owned by us, you receive all the commission that vendor pays. We do not get in the middle. We only take a 50% commission for our own products that are in ClickBank - like CBmall is.  So, to be clear, you sell a golf book - you get 100% of whatever commission the golf book author pays. You sell a CBmall upgrade, you earn 50% and we get the other 50% (minus ClickBank fees of course).

Payment

ClickBank will send a check for the applicable commissions within the framework of their policies http://www.clickbank.com/paychecks.html . If any order that generated a referral fee is returned by the customer, or if there are any returned checks or charge backs, the amount will be deducted by ClickBank from the next payment due affiliate.

Customers

Customers who purchase products and services through the Affiliate Program will be deemed to be customers of CBmall. Accordingly, all rules, policies, and operating procedures concerning customer orders and service will apply to those customers. We may change our policies and operating procedures at any time. Prices and availability of our products and services may vary from time to time. CBmall policies will always determine the price paid by the customer.

Qualifying Sites

CBmall reserves the right not to accept any site into the Affiliate Program based on site content. Sites that Do Not Qualify for the Affiliate Program include sites which:

  • Promote sexually explicit materials
  • Promote violence
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
  • Promote illegal activities
  • Violate intellectual property rights

Unsolicited Commercial Email or SPAM

CBmall in no way participates in mass unsolicited emailing (i.e. spamming), and all Affiliates are expected to adhere to this policy as well. Violation of this policy will result in the termination of this contract and immediate dismissal from the CBmall Affiliate Program, with no refund.

Bottom line: If you spam you’re out!

Relationship of Parties

You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict this statement.

Term and Termination

The term of this Agreement will begin when you accept and will end when terminated by either party. Either CBmall or you may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, all licenses granted hereunder shall immediately terminate and you will immediately cease use of, and remove from Affiliate's Web Site, all links to the CBmall Site, and all CBmall trademarks and logos, other CBmall Marks and all other materials provided in connection with this Agreement.

We may reject your application or terminate you if we determine (in our sole discretion) that your site is unsuitable for the Program for any reason, including, harmful, threatening, defamatory, obscene, sexually explicit harassing, or racially, ethically, or otherwise objectionable, such as sites that:

  • Promote sexually explicit materials;
  • Promote violence;
  • Promote discrimination based on sex, religion, nationality, disability, sexual orientation, or age;
  • Promote illegal activities; or
  • Infringe or otherwise violate any copyright, trademark, or other intellectual property rights.

Assignment

You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns.

Miscellaneous

Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

If any of the provisions of this Agreement are determined by a court to be unenforceable, they shall be severed from this Agreement, and the remaining provisions shall remain in full force and effect.

By signing up with ClickBank, you acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated this program and are not relying on any representation, guarantee or statement other than as set forth in this agreement.

 

(1) CBmall has a strict policy against spam. Under no circumstances may the mall be promoted by unsolicited email. Any store owner who spams will be immediately terminated with no refund. We are VERY serious about this. If you suspect SPAM has been used, click here.

(2) Information and services provided at internet domain cbmall.com are provided "AS IS" without warranty of any kind, either express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

(4) You agree that we make no claims regarding the amount of revenue a storefront will make. Any information listed on the site is classified as advertorial material.

(5) You agree that you do not have access to the raw html, asp, vb, javascript or other code within the site. Your storefront is fully managed by a CBmall.com system administrator and you do not have access to make changes or modify your storefront in any way.

(6) The company is not responsible in connection with any failure or deficiency of Web Site Availability caused by or associated with:

(A) circumstances beyond CBmall.com's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers, failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLA;

(B) failure of access circuits to the CBmall.com Website;

(C) scheduled maintenance and emergency maintenance and upgrades;

(D) DNS issues outside the direct control of CBmall.com;

(E) issues with FTP, POP, IMAP, or SMTP customer access;

(F) customer's acts or omissions (or acts or omissions of others engaged or authorized by customer), including, without limitation, custom scripting or coding (e.g., CGI, Perl, HTML, ASP, etc), any negligence, or willful misconduct.

Advertising
CBmall reserves the right to place advertisements and promotions in banners, popups, emails and other methods that may not be ClickBank products and may not generate commissions for CBmall owners.

Registration
To use certain features of the Service, you must register with CBmall on the form provided. You agree (a) to provide true, accurate, current and complete information about yourself as prompted by the Service's registration form, and (b) to maintain and promptly update the information you provide to keep it true, accurate, current and complete. If CBmall has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Our use of any personally identifying information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.