Blue Sky Publishing, LLC with any or its subsidiaries and affiliates
eBook, Report, Article, Rich Media and WebSite Agreement
Introduction
You may be referred to as the Licensee. The terms 'You' or 'Licensee' includes you and any of your owners, employees, partners, independent contractors, subsidiaries, affiliates, attorneys, agents, heirs, and assigns.
P. Francis Mabry, and Blue Sky Publishing, LLC along with any or its subsidiaries and affiliates may be referred to as Licensor. The terms 'Us,' 'We,' 'Website,' or 'Licensor' 'eBook' includes our owners, employees, subsidiaries, independent contractors, agents, attorneys, and assigns.
You must be at least 18 years old to access this website or eBook to purchase products or services from us.
We do not direct this website to persons under 18, nor do we knowingly collect any personal information from children under the age of thirteen.
Disclaimers
ALL CONTENT IS PROVIDED "AS IS" AND ANY AND ALL WARRANTIES ARE DISCLAIMED, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
The use of our information, products and services should be based on your own due diligence and you agree that we are not engaged in any professional service such as providing legal advice.
Our cumulative liability to you or anyone else for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement or use of the content or website shall not exceed the amount you have paid to us for the product or service. In no event shall we be liable for any indirect, incidental, consequential, special, or exemplary damages or lost profits, even if we have been advised of the possibility of such damages. You agree that the foregoing constitutes your sole and exclusive remedy for any breach of this Agreement. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
We are not responsible in any manner for links or linked content on websites or eBooks owned or controlled by others. We provide any links only as a convenience and not as a recommendation or endorsement of the linked content.
Prohibited Uses
You will not assign, sublicense, transfer, pledge, sell, lease, rent, lend, or otherwise copy the content, or any part of it, or share your rights under this Agreement, to others.
You will not give others access to your username and password.
You will not violate any laws, third party rights, or this Agreement. This includes, but is not limited to, not posting any material or content that is defamatory, harassing, belongs to someone else, is obscene or pornographic
You will not provide false or misleading information to us.
Indemnification
You agree to indemnify, defend and hold us harmless from and against all claims, demands, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from your actions or conduct.
No Assignment
You cannot assign this Agreement, or any aspect of your rights and responsibilities.
Consent to Use Information
When you communicate with us, send us information, or provide content to us or our website/eBooks, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to exercise all copyright and publicity rights you have in the content, in any manner whatsoever, in any media now known or which may be created in the future, including in other works and forms not associated with this website.
No Waiver of Rights
Our failure to enforce any rights granted in this Agreement or to take action against any other party in the event of any breach shall not be deemed a waiver by us as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
Miscellaneous
This Agreement in all respects shall be governed by and construed according to the laws of the State of Michigan, to the exclusion of any other applicable body of governing law, without regard to conflicts of laws principles.
This Agreement is entered into in Kent County, Michigan. You consent to the exclusive jurisdiction of Michigan for any dispute arising from or related to this Agreement.
You agree that the exclusive venue for any dispute arising from or related to this Agreement will be a court located in Kent County, Michigan.
Should any term of this Agreement be declared void or unenforceable, that term shall be severed from the Agreement such declaration shall have no effect on the enforceability of the remaining terms.
This Agreement contains the complete and entire understanding and agreement between you and us and supersedes any previous communications, representations, or agreements, verbal or written, related to the subject matter of this Agreement.
This Agreement may not be modified or amended orally, impliedly, or in any manner not set forth in writing or permitted by this Agreement.
This Agreement may be amended by us at any time and without notice, but only by amending this Agreement as posted on this website, unless otherwise agreed to in a writing signed by both of us.
Any amendments will become effective 30 days after being posted on the website, unless circumstances require that a change be immediately implemented. As a condition for this Agreement you agree to periodically check this Agreement posted at this page.
You agree that your continued use of our product or service after that date will constitute your consent and acceptance of the amendment.
EARNINGS DISCLAIMER
Every effort is made to ensure that we accurately represent these products and services and their potential for income. Earning and Income statements made by our companies and its customers are estimates of what we think you can possibly earn. There is no guarantee that you will make these levels of income and you accept the risk that the earnings and income statements differ by each individual.
As with all business, your results may vary, and will be based on your individual capacity, business experience, expertise, determination to achieve your goals. There are no guarantees concerning the level of success you may experience. The testimonials used are exceptional results, which do not apply to the average purchaser, and are not intended to represent or guarantee that anyone will achieve the same or similar results. Each individual’s success depends on his or her background, dedication, desire and motivation.
You agree that our company is not liable for any success or failure of your business that is directly or indirectly related to the purchase and use of this information, products and services.
The author and publisher disclaim any warranties (express or implied), merchantability, or fitness for any particular purpose. The author and publisher shall in no event be held liable to any party for any direct, indirect, punitive, special, incidental or other consequential damages arising directly or indirectly from any use of this material, which is provided "as is", and without warranties.
As always, the advice of a competent legal, tax, accounting or other professional should be sought.
The author and publisher do not warrant the performance, effectiveness or applicability of any sites listed or linked to in this eBook, Website Article or Program.
All links are for information purposes only and are not warranted for content, accuracy or any other implied or explicit purpose.
This Ebook, Article, Website or Program is © Copyrighted by Blue Sky Publishing, LLC and/or any or its subsidiaries and affiliates . No part of this may be copied, or changed in any format, sold, or used in any way other than what is outlined within thisWebsite, eBook, Article or Program under any circumstances
Privacy Policy
Blue Sky Publishing in conjunction with any or its subsidiaries and affiliates
strives to offer its website visitors the many
advantages of Internet technology and to
provide an interactive and personalized experience. We may
use Personally Identifiable Information (your name, e-mail
address, street address, telephone number) subject to the
terms of this privacy policy. We will never sell, barter,
or rent your email address to any unauthorized third party.
Period."
How we gather information from users
How we collect and store information depends on the page
you are visiting, the activities in which you elect to
participate and the services provided. For example, you may
be asked to provide information when you register for
access to certain portions of our site or request certain
features, such as newsletters or when you make a purchase.
You may provide information when you participate in
sweepstakes and contests, message boards and chat rooms,
and other interactive areas of our site. Like most Web
site Publishers Blue Sky Publishing, LLC may also collect
information automatically and through the use of electronic
tools that may be transparent to our visitors. For example,
we may log the name of your Internet Service Provider or
use cookie technology to recognize you and hold information
from your visit. Among other things, the cookie may store
your user name and password, sparing you from having to re-
enter that information each time you visit, or may control
the number of times you encounter a particular
advertisement while visiting our site. As we adopt
additional technology, we may also gather information
through other means. In certain cases, you can choose not
to provide us with information, for example by setting your
browser to refuse to accept cookies, but if you do you may
be unable to access certain portions of the site or may be
asked to re-enter your user name and password, and we may
not be able to customize the site's features according to
your preferences.
What we do with the information we collect
Blue Sky Publishing, LLC and/or any or its subsidiaries and affiliates
like other Web publishers, we collect information to enhance your visit
and deliver more individualized content
and advertising. We respect your privacy and do not share
your information with anyone.
Aggregated Information (information that does not
personally identify you) may be used in many ways. For
example, we may combine information about your usage
patterns with similar information obtained from other users
to help enhance our site and services (e.g., to learn which
pages are visited most or what features are most
attractive). Aggregated Information may occasionally be
shared with our advertisers and business partners. Again,
this information does not include any Personally
Identifiable Information about you or allow anyone to
identify you individually.
We may use Personally Identifiable Information collected
by Blue Sky Publishing, LLC and/or any or its subsidiaries and affiliates
to communicate with you about your registration and
customization preferences;
Our Terms of Service and privacy policy; services and
products offered by Blue Sky Publishing, LLC and/or
any or its subsidiaries and affiliates and other topics we think you
might find of interest.
Personally Identifiable Information collected by Blue SkyPublishing, LLC
and/or any or its subsidiaries and affiliates may also be used for
other purposes, including but not limited to site
administration, troubleshooting, processing of e-commerce
transactions, administration of sweepstakes and contests,
and other communications with you. Certain third parties
who provide technical support for the operation of our site
(our Web hosting service for example) may access such
information. We will use your information only as permitted
by law. In addition, from time to time as we continue to
develop our business, we may sell, buy, merge or partner
with other companies or businesses. In such transactions,
user information may be among the transferred assets. We
may also disclose your information in response to a court
order, at other times when we believe we are reasonably
required to do so by law, in connection with the collection
of amounts you may owe to us, and/or to law enforcement
authorities whenever we deem it appropriate or necessary.
Please note we may not provide you with notice prior to
disclosure in such cases.
Affiliated sites, linked sites and advertisements
Blue Sky Publishing, LLC expects its partners, advertisers
and affiliates to respect the privacy of our users.
Be aware, however, that third parties, including our
partners, advertisers, affiliates and other content
providers accessible through our site, may have their own
privacy and data collection policies and practices. For
example, during your visit to our site you may link to, or
view as part of a frame on our websites. page, certain content
that is actually created or hosted by a third party. Also, through
this partnership you may be introduced to, or be able to
access, information, Web sites, features, contests or
sweepstakes offered by other parties. Blue Sky Publishing, LLC and/or
any or its subsidiaries and affiliates are not responsible
for the actions or policies of such third parties. You should check the
applicable privacy policies of those third parties when
providing information on a feature or page operated by a
third party.
While on our site, our advertisers, promotional partners
or other third parties may use cookies or other technology
to attempt to identify some of your preferences or retrieve
information about you. For example, some of our advertising
is served by third parties and may include cookies that
enable the advertiser to determine whether you have seen a
particular advertisement before. Other features available
on our site may offer services operated by third parties
and may use cookies or other technology to gather
information. Blue Sky Publishing, LLC and/or any or its subsidiaries and affiliates
does not control the use of this technology by third parties or the
resulting information, and is not responsible for any
actions or policies of such third parties.
You should also be aware that if you voluntarily disclose
Personally Identifiable Information on message boards or in
chat areas, that information can be viewed publicly and can
be collected and used by third parties without our
knowledge and may result in unsolicited messages from other
individuals or third parties. Such activities are beyond
the control of Blue Sky Publishing, LLC and/or any or its subsidiaries
and affiliates and this policy.
Children
Blue Sky Publishing, LLC and/or any or its subsidiaries and affiliates
do not knowingly collect or solicit Personally Identifiable
Information from or about children under 13 except as
permitted by law. If we discover we have received any
information from a child under 13 in violation of this policy,
we will delete that information immediately.
If you believe Blue Sky Publishing and/or any or its subsidiaries and affiliates
has any information from or about anyone under 13, please contact us at the
email address listed below.
Contacting Us.
We can be reached by contacting:
Email: support@blueskypublishingllc.com
Changes to this Policy
Blue Sky Publishing, LLC and/or any or its subsidiaries and affiliates
reserves the right to change this policy at any time. Please check this page
periodically for changes. Your continued use of our site
following the posting of changes to these terms will mean
you accept those changes. Information collected prior to
the time any change is posted will be used according to the
rules and laws that applied at the time the information was
collected.
Governing law
This policy and the use of this Site are governed by
Michigan law. If a dispute arises under this Policy we agree
to first try to resolve it with the help of a mutually
agreed-upon mediator in the following location: Kent County
Michigan
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: Kent County, Michigan, 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.
This statement and the policies
outlined herein are not intended to and do not create any
contractual or other legal rights in or on behalf of any
party.
Restrictions on Use of Materials
Materials in this website are Copyrighted and all rights
are reserved. Text, graphics, databases, HTML code, and
other intellectual property are protected by US and
International Copyright Laws, and may not be copied,
reprinted, published, reengineered, translated, hosted, or
otherwise distributed by any means without explicit
permission. All of the trademarks on this site are
trademarks of Blue Sky Publishing, LLC and/or
any or its subsidiaries and affiliates or of other
owners used with their permission.
Liability
The materials in this site are provided "as is" and
without warranties of any kind either express or implied.
Blue Sky Publishing, LLC and/or any or its subsidiaries and affiliates
disclaims all warranties,express or implied, including,
but not limited to, implied warranties of merchantability and fitness for a particular
purpose. Blue Sky Publishing, LLC and/or any or its subsidiaries and affiliates
does not warrant that the functions contained in the materials will be
uninterrupted or error-free, that defects will be
corrected, or that this site or the server that makes it
available are free of viruses or other harmful components.
Blue Sky Publishing, LLC and/or any or its subsidiaries and affiliates
does not warrant or make any representations regarding the use or the results of the
use of the materials in this site in terms of their
correctness, accuracy, reliability, or otherwise. You (and
not Blue Sky Publishing, LLC and/or any or its subsidiaries and affiliates)
assume the entire cost of all necessary servicing, repair or correction.
Applicable law may not allow the exclusion of implied
warranties, so the above exclusion may not apply to you.
Under no circumstances, including, but not limited to,
negligence, shall Blue Sky Publishing, LLC and /or
any or its subsidiaries and affiliatesbe liable for any special or
consequential damages that resultfrom the use of,
or the inability to use, the materials in this site, even if
Blue Sky Publishing, LLC and/or any or its subsidiaries and affiliates
or a Blue Sky Publishing, LLC and/or any or its subsidiaries
and affiliates authorized representative has been advised of the possibility
of such damages.
Applicable law may not allow the limitation or exclusion of
liability or incidental or consequential damages, so the
above limitation or exclusion may not apply to you. In no
event shall Skydivedad Publishing and/or Main Line Interactive LLC 's
total liability to you for all damages, losses, and causes of
action (whether in contract, tort, including but not
limited to, negligence or otherwise) exceed the amount paid
by you, if any, for accessing this site.
Facts and information at this website are believed to be
accurate at the time they were placed on the website.
Changes may be made at any time without prior notice. All
data provided on this website is to be used for information
purposes only. The information contained on this website
and pages within, is not intended to provide specific
legal, financial or tax advice, or any other advice,
whatsoever, for any individual or company and should not be
relied upon in that regard. The services described on this
website are only offered in jurisdictions where they may be
legally offered. Information provided in our website is not
all-inclusive, and is limited to information that is made
available to Blue Sky Publishing, LLC and/or any or its
subsidiaries and affiliates suchinformation should not
be relied upon as all-inclusive or accurate.
Links and Marks
The owner of this site is not necessarily affiliated with
sites that may be linked to this site and is not
responsible for their content. The linked sites are for
your convenience only and you access them at your own risk.
Links to other websites or references to products, services
or publications other than those of Blue Sky Publishing LLC
and/orits subsidiaries and affiliates at this website, do not imply the endorsement
or approval of such websites, products, services or publications by
Blue Sky Publishing, LLC and/or any or its subsidiaries and affiliates.
Certain names, graphics, logos, icons, designs, words,
titles or phrases at this website may constitute trade
names, trademarks or service marks of Blue Sky Publishing, LLC
and/or its affiliates' or of other entities.
The display of trademarks on this website does not imply that a
license of any kind has been granted. Any unauthorized downloading,
re-transmission, or other copying of modification of
trademarks and/or the contents herein may be a violation of
federal common law trademark and/or copyright laws and
could subject the copier to legal action.
Confidentiality of Codes, Passwords and Information
You agree to treat as strictly private and confidential
any Subscriber Code, username, user ID, or password which
you may have received from Blue Sky Publishing and/or
its affiliates' and all information to which you have
access through password-protected areas of Blue Sky Publishing, LLC
and/orits affiliates' websites and will not cause or permit
any such information to be communicated, copied
or otherwise divulged to any other person whatsoever.
Other Legal Stuff
These Terms of Use will apply to every access to
Skydivedad Publishing and/or Main Line Interactive LLC
reserves the right to issue revisions to these Terms
of Use by publishing a revised version of this document on
this site: that version will then apply to all use by you
following the date of publication. Each access of
information from Blue Sky Publishing, LLC and/or
its affiliates' will bea separate, discrete transaction based
on the then prevailing terms.
This Terms of Use and the license granted may not be
assigned or sublet by You without Blue Sky Publishing, LLC
and/or its affiliates' written consent in advance.
These Terms of Use shall be governed by, construed and
enforced in accordance with the laws of the Michigan, as it
is applied to agreements entered into and to be performed
entirely within such jurisdiction.
To the extent you have in any manner violated or
threatened to violate Blue SKy Publishing, LLC's
and/or its affiliates' intellectual property rights,
Blue Sky Publishing and/or its affiliates may seek injunctive
or other appropriate relief in any state or federal court in
Michigan 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: Kent County
Michigan.
.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: Kent County, Michigan 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 any provision of this agreement is void or
unenforceable in whole or in part, the remaining provisions
of this Agreement shall not be affected thereby.
Termination
These Terms of Use agreement are effective until
terminated by either party. You may terminate this
agreement at any time by destroying all materials, marketing leads
or any related information obtained from any and all Blue Sky Publishing, LLC
site(s) and all related documentation and all copies and installations
thereof, whether made under the terms of this agreement or
otherwise. This agreement will terminate immediately
without notice at Blue Sky Publishing, LLC's sole
discretion, should you fail to comply with any term or
provision of this agreement. Upon termination, you must
destroy all materials, marketing leads and related documentation
obtained from this site and any and all other Blue Sky Publishing LLC
site(s) and all copies thereof, whether made under the terms
of this agreement or otherwise.
This Ebook, Article, Website or Program is © Copyrighted by Blue Sky Publishing, LLC
No part of this may be copied, or changed in any format, sold, or used in any way other than what is outlined
within this Ebook, Article, Website or Program under any circumstances..
© 2007-2009 Blue Sky Publishing, LLC. All rights reserved.
Unauthorized duplication or publication of any materials from our Websites, Articles, Photographs, Online Rich Media, Print Publications or Electronic Documents or eBooks is expressly prohibited