Andrew Spence Online and All Related Websites
Andrew Spence (“we” or “us” or “Andrew Spence”) has established this Terms of Service to clearly set out the basis on which this website and all services are provided.
Andrew Spence operates and maintains a website at the URL “Andrewspenceonline.com” (the “Website”) and provides certain services described in more detail below (the “Services”, and together with the Website, the “Service”). By using the Service, you agree to be bound by these Terms of Service (this “Agreement”). If you object to anything in this Agreement or our Privacy Policy, do not use the Service. This Agreement is subject to change by us at any time, effective upon posting on the Website, and your use of the Service after such posting will constitute acceptance by you of such changes. This Agreement includes our Privacy Policy and any notices regarding the Website.
1. Disclosure
This site may from time to time use a web analytics service. If we use a web analytics service it may record mouse clicks, mouse movements, scrolling activity as well as text you type in this website. This site does not collect any personally identifiable information entered in this website. If we do collect such information then we will only use it to better understand conversion (and on our landing pages and our deep pages).
This website is a blog written and edited by Andrew Spence.
For questions about this blog, please contact Andrew Spence using the Contact Me form (on the contact page) or leave me a voicemail message.
This blog accepts forms of cash advertising, sponsorship, paid insertions or other forms of compensation.
From time to time, we may, endorse, promote or suggest services and/or products for sale. This recommendation is ALWAYS based on our belief that the product and it’s creator will provide excellent and valuable information/service based on a review of that product, our relationship with that person, and or previous positive experience with the person or company who’s product we are recommending. In some cases, we will be compensated if you decide to purchase that product based on our recommendation. In some cases, we may receive the product for free for review purposes. Please always do your OWN due-diligence before making any purchase. Your results from any products, services, or materials found on this site will vary.
We make every effort to represent any of our products and recommendations and their income potential, if applicable, accurately. There is no guarantee that you will earn any money using the techniques and ideas in these materials. Do not interpret examples in these materials as a promise or guarantee of earnings. Earning potential is entirely dependent on the person using the product, ideas and techniques in any business or online e-commerce.
Some of our products and recommendations are educational and represent no income opportunities whatsoever.
We may from time to time offer some products for sale through affiliate programs. Should you purchase an item through an affiliate program to which we subscribe, we will receive compensation for your purchase. We offer no express or implied guarantee or warranty regarding products purchased through one of our affiliate links. A purchase made through an affiliate link will never result in you paying more for the product than if you did not click through an affiliate link.
You may request verification of any claims made of actual earnings or examples of actual. Your level of success in attaining the results claimed in our materials depends on the time you devote to the program, ideas and techniques, your finances, your knowledge and various skills. These factors differ between individuals; we neither guarantee your success (or income), nor are we responsible for any of your actions.
Materials in any of our products and/or websites may contain information that includes, or has a basis in, forward-looking statements within the meaning of the Securities Litigation Reform Act Of 1995. Forward-looking statements give our expectations for 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 forward-looking statements here or in 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 there are no guarantees that you will achieve results similar to ours or anyone else’s. In fact, you may not achieve any results from the ideas and techniques in our material. Use of the information and techniques is solely provided as education and we cannot be held responsible for your use thereof either on a direct or consequential basis.
2. Description of the Service
Andrew Spence provides users with access to free and paid online marketing training and network marketing training. This training (and opinions expressed) is designed to help users understand the subject of online marketing and network marketing. The site also contains opinions based on life experience mainly relating to organization of time and implementation of “life strategies” which have helped Andrew improve general life happiness. There are absolutely no guarantees that by following this training or basing actions on any opinions expressed will increase online or offline earnings potential. All content on this site is the opinion of Andrew Spence. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Service, including a computer and modem or other access device.
By accessing the Website, you consent to have this Agreement provided to you in electronic form. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it to into any word processing program. You have a right to a paper copy of this Agreement. If you would like a paper copy, please contact us by completing the form here. If you request a paper copy of the Agreement, your account will be suspended until you return a signed copy of the paper agreement to Andrew Spence.
3. Proprietary Rights
Andrew Spence owns and retains all proprietary rights in the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of Andrew Spence, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you agree not to reproduce, duplicate, copy, sell, trade, resell, modify, publish, transmit, distribute, perform, display, create derivative works, or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service or computer code that powers the Service (hereafter sometimes “Software”). You may not post, distribute, reproduce or create derivative works in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
4. Privacy
Please see our complete Privacy Policy, which is incorporated into this Agreement. Further, you acknowledge, consent and agree that Andrew Spence may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any your content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of us, its users and the public.
5. Personal Use
The Service is made available to you for your personal use only. Due to the Children’s Online Privacy Protection Act of 1998, you must be at least thirteen (13) years of age to use this Service. You must provide current, accurate identification, contact, and other information that may be required as part of any current or future registration process and/or continued use of the Service. You are responsible for maintaining the confidentiality of your Service password and account, if applicable, and are responsible for all activities that occur thereunder. Andrew Spence reserves the right to refuse service to anyone at any time without notice for any reason.
6. Proper Use
You agree that you are responsible for your own communications and for any consequences thereof. Your use of the Service is subject to your acceptance of and compliance with this Agreement. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as determined by Andrew Spence in its sole discretion; (ii) upload, transmit or otherwise distribute content that infringes upon another party’s intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (iii) prevent others from using the Service; or (iv) use the Service for any fraudulent or inappropriate purpose. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. Andrew Spence reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of this agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.
7. Unauthorized Uses
You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service or Andrew Spence. You may not reverse engineer or reuse source code that is in public view. This includes any and all javascript. The code is Andrew Spence’s copyright. You shall not transmit any worms or viruses or any code of a destructive nature. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Andrew Spence for use in accessing the Service. You acknowledge that the Service is not intended for permanent storage and agree not to use the Service for archiving or back-up purposes.
8. Blocking of IP Addresses
In order to protect the integrity of the Service, Andrew Spence reserves the right at any time in its sole discretion to block Registrants and Members from certain IP addresses from accessing the Website.
9. Modifications to Service
Andrew Spence reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Andrew Spence shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
10. Disclaimers of Warranties
ANDREW SPENCE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND QUIET ENJOYMENT. ANDREW SPENCE MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE, ERROR-FREE, ACCURATE OR RELIABLE. ANDREW SPENCE DOES NOT MAKE ANY WARRANTY THAT ANY DEFECT IN THE SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IMN OR THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
THE SERVICES, INCLUDING THE WEBSITE, ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. ANY MATERIAL AND/OR DATA OBTAINED OR DOWNLOADED THROUGH THE SERVICES IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE CAUSED BY SUCH MATERIAL OR DATA INCLUDING ANY LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM.
You agree that you must evaluate, and bear all risks associated with, the use of the Service, including any reliance on the accuracy, completeness, or usefulness of the service. In this regard, you acknowledge that you may not rely on any content created by Andrew Spence or submitted to Andrew Spence and all other parts of the Service. Use of the Website and the Services may result in technical malfunction, delay, or other problems with other systems, programs, or computer hardware. Andrew Spence cannot and does not guarantee compatibility with other systems and hardware.
11. Third-Party Content
Certain content, products, and services available via the Service may include materials from third parties. In addition, Andrew Spence may provide links to certain third-party websites. You acknowledge and agree that Andrew Spence is not responsible for examining or evaluating the content or accuracy of any such third-party material or websites. Because Andrew Spence has no control over such sites and resources, you acknowledge and agree that Andrew Spence is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that Andrew Spence is not in any way responsible for any such use by you.
12. Limitation on Liability
Except in jurisdictions where such provisions are restricted, in no event will Andrew Spence be liable to you or any third person for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Andrew Spence has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from your inability to access or obtain any goods, data, information or services through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any content posted on the Website or transmitted to you or other users of the Service; or (vi) any inaccurate or out-of-date content produced by the tools or published on the Website; or (vii) any other matter relating to the Service. Notwithstanding any provision to the contrary, Andrew Spence’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Andrew Spence in the three (3) months prior to the claimed injury or damage.
13. Indemnity by You
You agree to indemnify and hold Andrew Spence, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties and/or your negligent or willful acts, and/or the violation by you of Andrew Spence’s or any third party’s rights, including without limitation privacy rights, other property rights, trade secret, proprietary information, trademark, copyright, or patent rights, and claims for libel slander, or unfair trade practices in connection with the use or operation of the Service. Your obligation to indemnify will survive the expiration or termination of this Agreement by either party for any reason.
14. Confidential Information
“Confidential Information” means any information disclosed by Andrew Spence to you under circumstances that would lead a reasonable person to conclude that the information was confidential. Notwithstanding the above, the following types of information shall be considered Confidential Information, regardless of whether they are marked as such: any software or documentation related to the Services, trade secrets, technical know-how, inventions, educational materials, product development plans, pricing, marketing plans, and customer lists. Confidential Information shall not include information that: (i) is or becomes generally available through no act or omission of yours; (ii) was in your lawful possession prior to the disclosure and had not been obtained by you either directly or indirectly from Andrew Spence or (iii) is lawfully disclosed to you by a third party without restriction on disclosure. In the event that you become aware of an unauthorized use or disclosure of any Andrew Spence Confidential Information, you will promptly inform us and provide reasonable assistance in the investigation or prosecution of any such unauthorized use or disclosure.
You agree to hold Andrew Spence’s Confidential Information in confidence during the term of this Agreement and for a period of four (4) years after termination of this Agreement. You agree that, unless required by law, you will not make Andrew Spence’s Confidential Information available in any form to any third party or use Andrew Spence’s Confidential Information for any purpose other than the implementation of this Agreement. If you are required by law to disclose Andrew Spence’s Confidential Information, you will provide Andrew Spence with reasonable notice of your intent to comply and provide all reasonable cooperation in assisting us to minimize the disclosure.
15. Term and Termination
This Agreement will remain in full force and effect while you use the Services. You may cancel your use of the Service at any time, for any reason by providing notice to Andrew Spence by sending an email to Andrew via the contact form at the bottom right of the home page. Andrew Spence may, at any time and for any reason, terminate this Agreement. All notices to you shall be deemed effective on the first calendar day following the date of electronic mailing. In the event of termination, your account will be suspended and disabled and you may not be granted access to your account (if any) or any files or other content contained in your account (if any). If Andrew Spence terminates your use of this Service because you have breached this Agreement, you will not be entitled to any refund of unused fees that you have paid to Andrew Spence. Sections of this Agreement relating to (1) your account, password and security, (2) disclaimer of warranties and limitation of liability, (3) indemnification, (4) confidentiality and proprietary information, and (5) jurisdiction and choice of law, shall survive such termination, as well as any other provisions, which by their nature may survive such termination.
16. Jurisdiction and Choice of Law
If there is any dispute arising out of the Service, you expressly agree that any such dispute shall be governed by the laws of England and Wales, (without regard to its conflict of laws provisions), and you expressly agree and consent to the exclusive jurisdiction and venue of London, England for the resolution of any such dispute.
17. Other
The failure of Andrew Spence to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The Terms of Service, the Privacy Policy and any of Andrew Spence’s other policies posted on the Website constitute the entire agreement between you and us and govern your use of the Service, superseding any prior agreements between you and us (including, but not limited to, any prior versions of the Terms of Service). You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
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