Terms and Conditions
Last Revised: February 10, 2015
Thank you for visiting a Business Marketing Success, Inc. web site, including joecostantino.com, actsmartsystem.com, actsmartmarketing.com. You arrived at this Terms & Conditions page from one of the above sites, referred to herein as “this web site”.
These terms and conditions are subject to change by Business Marketing Success, Inc. (hereinafter “Company”) at any time and at our discretion without notice by updating this posting.
These terms and conditions govern your use of this web site. By accessing this web site, you are acknowledging and accepting these terms and conditions.
Your use of this web site after any changes are implemented constitutes your acceptance of the changes. As a result, we encourage you to consult the terms and conditions each time you use this web site.
The terms “we”, “us”, and “our” refers to Business Marketing Success, Inc. The term the “Site” refers to joecostantino.com. The term “user,” “you” and “your” refers to site visitors, customers and any other users of the site. The term the “Service” refers to the services and/or products provided by Business Marketing Success, Inc. via joecostantino.com. The term the “Content” refers to information provided on the Site in any form, including graphics, artwork, photos, videos, audios, text, code, software or other material. The term “Submissions” refers to any graphics, artwork, photos, videos, audios, text, code, software or other material provided by you to Business Marketing Success, Inc. via our Site, Service, or company email or regular mail.
2. INTELLECTUAL PROPERTY
You acknowledge and agree that all content and materials available on this web site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by COMPANY, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. ACT Smart Business Growth Program, ACT Smart System, ACT Smart Business Development System and Joe Costantino are U.S. registered trademarks of COMPANY and/or its related companies.
As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this web site is strictly prohibited without the express written permission of COMPANY. For information on requesting such permission, please contact us at firstname.lastname@example.org.
3. LIMITATIONS ON USE
You must be at least eighteen (18) years old to access this web site. If you are not at least eighteen years old, you are not permitted to access this web site for any reason.
If you are provided a password to access this web site, then that password is for your personal use only, unless otherwise specified. You agree to be responsible for the security of your password.
Content provided on the Site and in or related to the Service is subject to change. Business Marketing Success, Inc. makes no representation or warranty that the Content, regardless of its source, is accurate, complete, reliable, current or error-free. Business Marketing Success, Inc. disclaims all liability for any inaccuracy, unreliability, error or lack of timeliness or completeness in the Content.
Content on this Site may be provided in written, video and/or audio format and is provided for the user’s convenience for informational, educational and entertainment purposes only. Content on this Site is not intended to provide specific financial, tax, legal, physical or mental health or any other professional advice whatsoever to you, or any other individual or company, and should not be relied upon as such.
Site Licensee Status
You understand and agree that your use of the Site is limited and non-exclusive as an individual nontransferable revocable licensee. Business Marketing Success, Inc. may, within our sole discretion, terminate your license to use the Site, and access to the Site, for any reason or no reason whatsoever, and without giving you notice.
In order to use the Service, you may be required to provide information about yourself including your name, email address, username and password and other personal information. You agree that any registration information you give to Business Marketing Success, Inc. will always be current, correct and complete. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
Restrictions On Use
You may use the Site and Service for lawful purposes only. You agree to use the Site and to purchase Service through the Site for legitimate purposes expressly permitted by this Site. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You may not use this site for any other purpose, including any commercial purpose, without the express written consent of Business Marketing Success, Inc. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, or which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
Refusal of Service
The Service is offered subject to our acceptance of your order or request for Service. We reserve the right to refuse service to any order, person or entity, without any obligation to explain our reason for doing so. An order is not deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment. If we choose to refuse your order after payment has been processed, we will refund your money.
4. ORDER AND RETURN POLICIES
We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible so that we may correct the error.
Cancellations, Refunds & Returns
We do not offer refunds for digital products once they are downloaded or once access to the Site has been granted.
We endeavor to describe and display the Site and Service as accurately as possible. While we try to be as clear as possible in explaining the Service, we do not guarantee that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
5. THIRD PARTY REFERENCES/HYPERLINKS
The Site and the Service may contain links to third party websites and resources. These links are provided for your convenience. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Unless otherwise indicated by us, links to such websites or resources do not imply any endorsement by or affiliation with Business Marketing Success, Inc. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
6. MATERIALYOU SUBMIT TO THE SITE
Business Marketing Success prohibits the uploading, posting or otherwise making available on the Site any artwork, photos, videos, audios, text or other submission of material (collectively “Submissions”) protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right. The burden of determining that any Submissions are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a Submission. You represent or warrant that you have the authority to use and distribute all Submissions submitted by you to the Site, as well as any Submissions sent via email to our email address or via mail to our mailing address, and that the use or display of the Submissions will not violate any laws, rules, regulations or rights of third parties.
7. CONTACTING US
If you need to contact us, you can email us at email@example.com, call us
781-878-1731, or send us a letter at Business Marketing Success, Inc., attention Joe Costantino, 204 Thayer Street, Abington, MA 02351.
8. MATERIAL CONNECTION, GOOD FAITH RECOMMENDATIONS AND COMPENSATION
Unless otherwise expressly stated, you should assume that all references to products and services on joecostantino.com are made because material connections exist between Business Marketing Success, Inc. and the vendor of the mentioned products and services (“Vendor”).
Business Marketing recommends products and services on joecostantino.com based in part on a good faith belief that the purchase of such products or services will help our users. Business Marketing Success, Inc. has this good faith belief because (a) Business Marketing Success has tried the product or service mentioned prior to recommending it or (b) Business Marketing Success has researched the reputation of the Vendor and has made the decision to recommend the Vendor’s products or services based on the Vendor’s history of providing these or other products or services. The representations made by Business Marketing Success, Inc. about products and services reflect Business Marketing Success’s honest opinion based upon the facts known to Business Marketing Success, Inc. at the time a product or service is mentioned on joecostantino.com.
The opinion offered by Business Marketing Success, Inc. about a product or service may be partially formed, whether knowingly or unknowingly, in part based on the fact that Business Marketing Success has been compensated or will be compensated because of the business relationships with the Vendor.
The type of compensation Business Marketing Success, Inc. receives may vary. In some situations, Business Marketing Success, Inc. may receive complimentary products, services, or money from a Vendor prior to mentioning the Vendor’s products or services on joecostantino.com.
In other instances, Business Marketing Success, Inc. may receive a monetary commission or nonmonetary compensation when you take action based on the content of joecostantino.com. This includes, but is not limited to, when you purchase a product or service from a Vendor after clicking on an affiliate link on joecostantino.com.
In some cases, Business Marketing Success, Inc. and a Vendor will have a business or personal relationship that does not involve the Business Marketing Success receiving compensation related to products and services mentioned on joecostantino.com. However, the nature of the relationship could be seen as sufficient to establish a material connection between the Business Marketing Success and the Vendor.
9. EARNINGS AND INCOME DISCLAIMERS
When joecostantino.com informs you about or makes reference to business opportunities or money-making opportunities, you understand and agree we have made no promise, representation, implication, warranty, suggestion, projection or guarantee whatsoever that you will make a certain amount of money, or any money, or not lose money, as a result of pursuing such opportunities or using our products and services, and that we do not authorize any such promise, representation, implication, warranty, suggestion, projection or guarantee by others.
Any earnings, revenue, or income statements or examples are based on actual individual results and/or estimates as may be stated. There is no guarantee that you will make these levels for yourself. If we know typical buyer results they are listed. Otherwise, we do not know typical buyer results and you should take that into consideration in your decision to use our product or service. As with any business, your results will vary and will be based on your personal capabilities, experience, knowledge, level of desire, work ethic, time invested and an infinite number of variables beyond our control, including variables we or you have not anticipated. Accordingly, there are no guarantees concerning the level of success you may achieve.
Testimonials, case studies, and examples found at joecostantino.com are exceptional results, are not representative of the typical purchaser’s experience, don’t apply to the average person and are not intended to represent or guarantee that anyone will achieve the same or similar results. If we have disclosed typical results based on information provided to us by a manufacturer or other reputable third party source, you should presume that the typical results as stated are more reliable than the testimonials and examples found at joecostantino.com.
We make no assurance that any prior successes or past results as to earnings or income referred to on this Site will apply in your situation, nor can any prior successes be used as an indication of your future success or results from using any of the information, content, or strategies on this Site. If you rely upon any figures provided on this Site, you must accept the entire risk of not doing as well as the information provided, and only risk capital should be used.
There are additional unknown risks in any business, particularly with the Internet where advances and changes happen very quickly, and such risk factors may not be suitable for everyone. You may not rely on any information presented on joecostantino.com or otherwise provided by us, unless you do so with the knowledge and understanding that you can experience significant losses (including, but not limited to, the loss of any funds used to purchase Products and Services, and/or any funds used to set up, operate, and/ or market Products and Services), and further, that you may have no earnings at all.
All information, products and services provided by Business Marketing Success, Inc. are for entertainment, educational and informational purposes only. The use of our information, products and services should be based on your own due diligence when making business decisions, and you should consult your personal legal, financial and other qualified professional advisors for an independent analysis.
You agree that we are not responsible for any losses or damages resulting from your use of any link, information, or opportunity contained within joecostantino.com or within any information disclosed by Business Marketing Success, Inc. in any form whatsoever.
10. FORWARD-LOOKING STATEMENTS
Materials contained on this site or in materials purchased and/or downloaded from this site 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, in other materials contained on this site or in materials purchased and/or downloaded from this site 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.
11. GENERAL DISCLAIMER AND LIMITATIONS OF LIABILITY
The information on our site is provided on an “as is,” “as is, “as available” basis. You agree that your use of our site is at your sole risk. Information on our site should not necessarily be relied upon and should never be construed to be professional advice from us. We do not guarantee the accuracy or completeness of any of the information provided, and are not responsible for any loss resulting from your reliance on such information. Under no circumstance will Business Marketing Success, 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 the site or service, your site use, or the site content, even if advised of the possibility of such damages.
Additionally, Business Marketing Success, Inc. is not liable for damages in connection with (a) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (b) loss of revenue, anticipated profits, business savings, goodwill or data; and (c) third party theft of , destruction, of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arise in negligence, contract, tort, or any other theory of legal liability. This applies even if Business Marketing Success, Inc. was advised of the possibility or could have foreseen the damages.
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 site will always be available, access will be uninterrupted, be error-free, meet your requirements, or that any defects in our site will be corrected.
If your jurisdiction does not allow limitation 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 this site.
In no even shall Business Marketing Success, Inc. cumulative liability to you 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 (if any). Any such claim shall be subject to confidential binding arbitration as described later in this document.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
13. ENTIRE AGREEMENT; WAIVER
These Terms and Conditions of Use constitute the entire agreement between you and Business Marketing Success, Inc. pertaining to the Site and Service and supersedes any and all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Business Marketing Success, Inc. shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Business Marketing Success, Inc.
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
Business Marketing Success, Inc.
204 Thayer Street
Abington, MA 02351
15. GOVERNING LAW; VENUE; ABRITRATION
This Agreement shall be construed in accordance with, and governed by, the laws of the State of MA as applied to contracts that are executed and performed entirely in MA. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Plymouth County, MA. 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 be arbitrated on an individual basis, and cannot be consolidated in any arbitration with any claim or controversy of anyone else. All arbitration must occur in Plymouth County, MA, USA. Each party shall bear one half of the arbitration fees and costs incurred, and each party is responsible for its own lawyer fees.
16. ANTI-SPAM POLICY
ECE Business Services does not endorse or tolerate unsolicited bulk or unsolicited commercial e-mail (“Spam”) in any form. Users’ information will not be used in any manner associated with the transmission, distribution or delivery of Spam, in accordance with the requirements of the CAN-SPAM Act of 2003 (Controlling the Assault of Non-Solicited Pornography and Marketing Act), and all other applicable unsolicited commercial email laws.
Business Marketing Success, Inc. will use personal e-mail addresses only to provide company communication and services, and such communications will be sent only if users have subscribed to such communications. If users receive our communications and wish to be removed permanently from the joecostantino.com mailing list, they may do so using the opt out link provided in each communication from Business Marketing Success, Inc. and/or Joseph Costantino
Business Marketing Success, Inc. continuously inspects our marketing services for full compliance with our anti-spam policy, but if you feel you have received an unsolicited email, or if you have additional questions, comments or concerns concerning unsolicited email, please send an email to firstname.lastname@example.org
If any term, provision, covenant, or condition of these Terms and Conditions is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Terms and Conditions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicense able or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.
19. CHANGED TERMS
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
Questions about these Terms and Conditions? Email us at email@example.com