Thank you for visiting our website. If you want to
use the resource guide at http://onyalist.com, you
must agree to conform to and be legally bound by the
terms and conditions described below.
IF YOU DISAGREE
WITH ANY OF THESE TERMS OR CONDITIONS, PLEASE DO NOT
USE OUR WEBSITE.
MINORS...
We do not provide
services or sell products to children. If you are
below the age of 18, you may use our website only
with the permission and active involvement of a
parent or legal guardian. If you are a minor, please
do not provide us or other website visitors with any
personal information.
PRIVACY POLICY IS
PART OF THESE TERMS AND CONDITIONS...
Our privacy policy is
part of, and subject to, these terms and conditions
of use. You may view our privacy policy on
http://onyalist.com/privacy.html
ANTI-SPAM POLICY IS PART OF THESE TERMS AND
CONDITIONS...
Our anti-Spam policy is
part of, and subject to, these terms and conditions
of use. You may view our anti-Spam policy on
http://onyalist.com/antispam.html
COMPENSATION
DISCLOSURE POLICY, IF ANY, IS PART OF THESE TERMS
AND CONDITIONS...
If there is a
Compensation Disclosure Policy on
http://onyalist.com/compensation.html the policy is
part of, and subject to, these terms and conditions
of use.
MODIFICATIONS AND
TERMINATIONS...
These terms and
conditions may change from time to time. If such
changes are made, they will be effective
immediately, and we will notify you by a notice
posted on our websites home page of the changes that
have been made. If you disagree with the changes
that have been made, you should not use our website.
We may terminate these
terms and conditions of use for any reason and at
any time without notice to you.
If you are concerned
about these terms and conditions of use, you should
read them each time before you use our website. Any
questions or concerns should be brought to our
attention by sending an e-mail to
jammarketinginc[at]gmail.com, and providing us with
information relating to your concern.
ADMIN EMAILS...
By signing up to
http://onyalist.com you agree to receive admin
emails. These emails may contain updates, advice,
tips, recommendations, or products, services, and
resources, we believe will help you to increase your
http://onyalist.com profits.
These will normally be
limited to one email per day, unless something lands
on our desk that is strictly time sensitive, or we
need to communicate something regarding a technical
issue.
LICENSEE
STATUS...
You understand and agree
that your use of our website is limited and
non-exclusive as a nontransferable revocable
licensee. We may terminate your license to use our
website, and access to our website, for any reason,
and without giving you notice.
You shall not pretend to
represent http://onyalist.com, the owners, admin, or
assigns, other than as an affiliate or advertiser.
Misrepresentation is a violation of our terms and
will results in instant termination without refund.
In the event your license
and membership at http://onyalist.com is terminated
or revoked, you will lose access to your account,
plus any commissions due. No refunds of any kind
will be due to you in the event your account is
terminated.
JAM Marketing Inc., (the
owner of http://onyalist.com), its agents,
representatives, heirs, or assigns may terminate
your license and membership at http://onyalist.com
at their sole discretion.
CONTENT
OWNERSHIP...
All content on our
website is owned by us, our content suppliers, or
individual users of OnyaList. On behalf of ourselves
and our content suppliers, we claim all property
rights, including intellectual property rights, for
this content and you are not allowed to infringe
upon those rights. We will prosecute to the fullest
extent of the law anyone who attempts to steal our
property.
You agree not to copy
content from our website without our permission. Any
requests to use our content should be submitted to
us by e-mail to jammarketinginc[at]gmail.com.
If you believe that your
intellectual property rights have been infringed
upon by our website content, please notify us by
sending an e-mail to jammarketinginc[at]gmail.com,
or by sending mail to us at the address listed
below. Please describe in detail the alleged
infringement, including the factual and legal basis
for your claim of ownership, plus supply us with
detailed information as to how you accessed our
servers without our permission.
All trademarks and
service marks are the properties of their respective
owners. Except for marks actually owned by us, we do
not make any commercial claims to their use, and are
not affiliated with them in any way.
Because you are not
purchasing intellectual property rights from us, you
cannot imply in your listings, sponsor ads, banner
ads, or any other promotions, digital, electronic,
or physical, both online or offline, that your
website(s) have a relationship with, or you are in
anyway affiliated with or endorsed by the owner(s)
of such intellectual property rights unless you
actually own such rights acquired elsewhere.
If you upload any image for use as a background for
a capture page you must either have taken that image
with your own camera, or purchased the correct
license to use that image. You may not use any image
copied from any website without first purchasing a
licence to use that image, or gaining written
permission from the author of that image allowing
you to use the image for commercial purposes. You
must fax that permission to JAM Marketing Inc at
1-212-228-3819. Any violation of these terms will
result in instant termination without refund.
CODE MANIPULATION
OR TAMPERING...
Should any user be found
to have manipulated or tampered with OnyaList code,
html, the server, or the scripts, in any way to gain
an unfair advantage with regard to gaining free
advertising, illegally increasing account balances,
using bots or remote scripts to access background
images or other images - OnyaList, it's owners JAM
Marketing Inc., and assigns, reserve the right to
instantly terminate the users account without
refund. The user will risk losing all commissions
due, plus they will be banned from using the site.
DISCLAIMERS AND
LIMITATIONS OF LIABILITY...
The information on our
website is provided on an ''as is,'' ''as
available'' basis. You agree that your use of our
website is at your sole risk. We disclaim all
warranties of any kind, including but not limited
to, any express warranties, statutory warranties,
and any implied warranties of merchantability,
fitness for a particular purpose, and
non-infringement. We do not warrant that our website
will always be available, access will be
uninterrupted, be error-free, meet your
requirements, or that any defects in our website
will be corrected.
Information on our
website should not necessarily be relied upon and
should not to be construed to be professional advice
from us. We do not guarantee the accuracy or
completeness of any of the information provided, and
is not responsible for any loss resulting from your
reliance on such information.
If your jurisdiction does
not allow limitations on warranties, this limitation
may not apply to you. Your sole and exclusive remedy
relating to your use of the site shall be to
discontinue using the site.
Under no circumstances
will we be liable or responsible for any direct,
indirect, incidental, consequential (including
damages from loss of business, lost profits,
litigation, or the like), special, exemplary,
punitive, or other damages, under any legal theory,
arising out of or in any way relating to our
website, your website use, or the content, even if
advised of the possibility of such damages.
Our total liability for
any claim arising out of or relating to our website
shall not exceed one hundred ($100) dollars and that
amount shall be in lieu of all other remedies which
you may have against us or our affiliates. Any such
claim shall be subject to confidential binding
arbitration as described later in these terms and
conditions of use.
INDEMNIFICATION...
You understand and agree
that you will indemnify, defend and hold us and our
affiliates harmless from any liability, loss, claim
and expense, including reasonable attorney's fees,
arising from your use of our website or your
violation of these terms and conditions.
COMPLIANCE WITH
GOVERNING LAW AND DISPUTE RESOLUTION...
You agree to obey all
applicable laws while using our website.
You agree that the laws
of New York govern these terms and conditions of use
without regard to conflicts of laws provisions.
You also agree that any
dispute between you and us, excluding any
intellectual property right infringement claims we
pursue against you, shall be settled solely by
confidential binding arbitration per the American
Arbitration Association commercial arbitration
rules. All claims must arbitrate on an individual
basis, and cannot be consolidated in any arbitration
with any claim or controversy of anyone else. All
arbitration must occur in Manhattan, New York, USA.
Each party shall bear one half of the arbitration
fees and costs incurred, and each party is
responsible for its own lawyer fees.
SEVERABILITY OF
THESE TERMS AND CONDITIONS...
If any part of these
terms and conditions of use are determined by a
court of competent jurisdiction to be invalid or
unenforceable, that part shall be limited or
eliminated to the minimum extent necessary so that
the remainder of these terms and conditions are
fully enforceable and legally binding.
REFUND POLICY...
You'll absolutely love
our products and services.
However, in the event
that you change your mind about our products and
services within a 3 day period, you may request a
refund of any funds you have paid to OnyaList
subject to the following conditions.
Pro-rata refund amounts
are determined by the amount paid by you to
OnyaList, less any commissions, less any profits
deposited to your account, less any applicable
merchant fees. The balance will then be refunded,
your account will be closed, and you will forfeit
all ability to make money with OnyaList.
E-mail your refund
requests to jammarketinginc[at]gmail.com. Please
include the words 'Refund Request' in the subject
line of your e-mail.
Send your written refund
requests by mail to the address below:
HOW TO CONTACT
US...
Any questions or concerns
about these terms and conditions of use should be
brought to our attention by e-mail to
jammarketinginc[at]gmail.com, and providing us with
information relating to your concern.
You may also mail your
concerns to us at the following address:
JAM Marketing Inc.
736 Broadway
New York, New York 10003
USA
FAX: 212-228-3819
ENTIRE
AGREEMENT...
These terms and
conditions, including the policies incorporated
herein by express reference, constitute your entire
agreement with us with respect to your use of our
website.
This Terms and Conditions
of Use was last updated on 06-17-2013.
Copyright © 2008-2013 Law
Office of Michael E. Young PLLC, and licensed for
use by the owner of this website at
http://onyalist.com. All Rights Reserved. No portion
of this document may be copied or used by anyone
other than the licensee without the express written
permission of the copyright owner.
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