This page contains important binding legal information.
This page is updated frequently, so please refer to this page each time you visit my site or use any of my products to make sure you always agree with our overall TOS (this pages content)
Legal Page -
I have included/Combined All Required Legal Pages Into This Single Page. Each Is Clearly Marked For Your Convenience. Before I get to the specifically legal parts, I need to get you up to speed using regular language instead of "Lawyer Speech".
DO NOT BUY MY PRODUCTS IF:
1) You cannot afford it
2) You won't do anything with the information/software
3) You think this a business opportunity, because it is not, it is a business strategy designed for serious internet marketers or a software tool designed to achieve a specific task.
4) Our Guarantee Policy I provide two types of software. Free-ware, and paid software. Any software you purchase from me comes with a 30 day guarantee. The guarantee is exclusively and explicitly for the functionality of the software. In other words if the software sales page promised to gather and present certain data for you, then it will indeed and in fact gather and present that data as promised. The guarantee does not cover your personal success/failure. I cannot be responsible for how you use the software, how effective or ineffective you are in your efforts. Only the functionality of the software is guaranteed, and if you find something broken you have to report it to me and give me 10 business days to fix it. I do not provide try-ware or trial-ware. Do not purchase any software from me unless you fully and completely understand exactly what the software does and understand that the software functionality comes with a guarantee but your personal success/failure does not. All software is for PC only. If you use a mac and buy this software you are not entitled to a refund. Additionally if you have a 3rd party security program (antivirus/firewall) that prevents my software from functioning, it is your responsibility to work with that 3rd party provider to overcome their misdiagnosed conclusion. I am not responsible for the condition of your computer, how fast/slow it is, how much memory or ram it has. Do Not Buy my software if you are not 100% confident that your computer has enough power to run my software. Your computers lack of power does not qualify you for a refund. Your health or lack thereof should be considered before buying my software because your current state of health will not entitle you to a refund. There is no such thing as an accidential purchase. Any purchase regardless of you making that purchase yourself or sending someone else to purchase for you is still held to these TOS policies. Consider these matters carefully because you are legally bound by them if you choose to make a purchase from me.- Please see the support page for more details.
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 it's not
likely we'll give you permission. In fact, even if we wanted to, the
lawyers are likely to veto any deal anyway. So it's better you don't
2. While we aim to include accurate data 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. 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 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...sort of). 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, kick rocks, scram, beat your feet on out of here!
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 Texas, without regard to principles of conflict of laws. To the extent you have in any manner violated or threatened to violate Locustware.com and/or its affiliates' intellectual property rights, Locustware.com and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of Texas, 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: Texas. 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: Texas, 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!
Locustware.com respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedures for Making Claims of Copyright Infringement below. Notice and Procedure for Making Claims of Copyright Infringement Pursuant to the Digital Millennium Copyright Act. If you believe that you hold a claim of copyright infringement against Locustware.com, submit notice of your claim to the following Designated Agent: Service Provider: Locustware.com Email Address to Which Notification Should Be Sent: Cliff@Locustware.com To be effective, the notification of your claim of copyright infringement should be written and should include the following: A statement that you are the owner of the exclusive right you claim has been infringed, or a statement that you are authorized to act on behalf of the owner of an exclusive right that has allegedly been infringed. A statement, under penalty of perjury, that the information in the notification is accurate. Your signature. (The signature may be electronic.) The identification of the copyrighted work you claim has been infringed. (If you claim that multiple copyrighted works have been infringed you can submit one notification with a list of the allegedly infringed works.) Identification of the material that you claim to be infringing and information reasonably sufficient to permit Locustware.com to locate the material. Information reasonably sufficient to permit Locustware.com to contact you, including your address, telephone number, fax number and, if available, an electronic mail address. You can provide contact information for the owner of the exclusive right that you claim has been infringed if you are not the owner, but rather authorized to act on behalf of the owner. A statement you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. Locustware.com will respond to any DMCA complaints in a timely manner. Should you be the copyright holder of a specific piece of content featured on this site without your permission, Locustware.com will remove it in a timely manner once notified.
ANTI SPAM POLICY
This statement applies to Locustware.com websites and services that display or link to this notice ("Services"). Locustware.com prohibits the use of the Services in any manner associated with the transmission, distribution or delivery of any unsolicited bulk or unsolicited commercial e-mail ("Spam"). You may not use any Services to send Spam. You also may not deliver Spam or cause Spam to be delivered to any of Locustware.com Services or customers. In addition, e-mail sent, or caused to be sent, to or through the Services may not:
1. Use or contain invalid or forged headers;
2. Use or contain invalid or non-existent domain names;
3. Employ any technique to otherwise misrepresent, hide or obscure any information in identifying the point of origin or the transmission path;
4. Use other means of deceptive addressing;
5. Use a third party's internet domain name, or be relayed from or through a third party's equipment, without permission of the third party;
6. Contain false or misleading information in the subject line or otherwise contain false or misleading content;
7. Fail to comply with additional technical standards described below; or
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 ELSES, IN FACT NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM OUR IDEAS AND TECHNIQUES IN OUR MATERIAL.
SOCIAL MEDIA DISCLOSURE
Social Media Issue We live in an interesting time when privacy rights are championed alongside an unprecedented voluntary willingness of people to share their most intimate and superfluous life details with the world, even in places such as our www.Locustware.com website. While apparently benign on the surface, the dangers of unrestrained public disclosure of sensitive information is beginning to surface. Key social media players are being sued for unauthorized or abusive use/misuse of personal information. Failure to protect and warn are likely going to be focal factors. Lawsuits are filed seeking damages for statements held to be responsible for people's death or suicide. Bloggers presuming to operate under an unfettered freedom of speech or greater latitude offered to members of the press are losing civil cases for defamation, slander, libel, and so on. As social media rapidly advances to allow more technologically sophisticated and easy dissemination, the simultaneous fallout of revelation without boundaries is mounting. Thus, a sober approach to the benefits of social media, while sidestepping the perils of imprudent disclosure, can facilitate an enjoyable online experience, without the consequences of excess, in settings such as our own www.Locustware.com website. Presence/Scope of Social Media You should assume that social media is in use on our www.Locustware.com website. A simple click of a button to endorse a person, product, or service is building a cumulative profile about you, which you should always assume can be discovered by others. Attempting to share a website with someone, whether by direct press of a button or else by email forwarding facilitated on a website, you should assume that this may not stop with the intended recipient, and that this can generate information about you that could be seen by a veritable infinite number of people. Such a domino effect could initiate right here on our www.Locustware.com website. Something as simple as a blog comment provides the opportunity for knee-jerk reactions that can become public and may not truly represent a position (at least in strength or severity) that you might hold after a period of more reasoned contemplation. You should also note that the ease of accessing one site through the login credentials of another, or the use of a global login for access to multiple sites can accumulate a dossier on you and your online behavior that may reveal more information to unintended parties than you might realize or want. Any or all of these features could exist on our www.Locustware.com website at one time or another. These few examples illustrate some possible ways that social media can exist, though it is not an exhaustive list and new technologies will render this list outdated quickly. The objective is to realize the reach of social media, its widespread presence on websites in various forms (including this website), and develop a responsible approach to using it. Protecting Others You should recognize the fact that divulgences made in and on social media platforms on this website and others are rarely constrained just to you. Disclosures are commonly made about group matters that necessarily affect and impact other people. Other disclosures are expressly about third parties, sometimes with little discretion. What can appear funny in one moment can be tragic in the next. And a subtle "public"retaliation can have lifetime repercussions. Ideal use of social media on our website would confine your disclosures primarily to matters pertaining to you, not others. If in doubt, it's best to err on the side of non-disclosure. It's doubtful the disclosure is so meaningful that it cannot be offset by the precaution of acting to protect the best interests of someone who is involuntarily being exposed by your decision to disclose something on our www.Locustware.com website (or another). Protecting Yourself You should likewise pause to consider the long-term effects of a split-second decision to publicly share private information about yourself on our Locustware.com website. Opinions, likes, dislikes, preferences, and otherwise can change. Openly divulging perspectives that you hold today, may conflict with your developing views into the futures. Yet, the "new you"will always stand juxtaposed against the prior declarations you made that are now concretized as part of your public profile. While the contents of your breakfast may hold little long-term impact, other data likewise readily shared can have consequences that could conceivably impact your ability to obtain certain employment or hinder other life experiences and ambitions. As with sharing information about other people, extreme caution should be used before revealing information about yourself. If in doubt, it's likely best not to do it. The short term gain, if any, could readily be outweighed by later consequences. Finally, you should note that we are not responsible for removing content once shared, and we may not be able to do so. Restrictions on Use of Social Media Data You, as a visitor to our Locustware.com website, are not permitted to "mine"social media or other platforms contained herein for personal information related to others. Even where people have publicly displayed data, you should not construe that as though you have the liberty to capture, reproduce, or reuse that information. Any use of social media or related platforms on our website are for interactive use only, relevant only during the website visit. Accuracy of Social Media Data As any social media platform is built on user-generated content, you should consider this fact in seeking to determine the authenticity of anything you read. We are not responsible for verifying any user-generated content for accuracy. A best practices policy would be to view all such content as strictly opinion, not fact. Potential Issues of Liability You should also be mindful of the fact that your words could trigger liability for harm caused to others. While you have the right to free speech, you do not have the right to damage other people. Under basic principles of tort law, you are always responsible, personally, for situations where either:
1. you were required to act, but did not (i.e. - some "duty of care")
2. your were required to refrain from acting, but did not (i.e. - slander, defamation, etc.) These "sins of omission and commission"could cause problems for you, irrespective of whether you assert you are conducting business under the guise of one or more business entities. Illegal and unethical conduct, when done in the name of a corporation or LLC, is still illegal and unethical conduct. As it is rarely part of a business plan to engage in illegal and unethical conduct, you are doubtfully operating in any official capacity, but rather, perhaps, leveraging that capacity to effectuate personal wrongdoing. You should consult a licensed attorney if you wish legal advice as to the (potential) ramification of your situation or legal problems stemming from this website or another. CHANGE NOTICE: As with any of our administrative and legal notice pages, the contents of this page can and will change over time. Accordingly, this page could read differently as of your very next visit. These changes are necessitated, and carried out by www.Locustware.com, in order to protect you and our www.Locustware.com website. If this page is important to you, you should check back frequently as no other notice of changed content will be provided either before or after the change takes effect. COPYRIGHT WARNING: The legal notices and administrative pages on this website, including this one, have been diligently drafted by an attorney. We at www.Locustware.com have paid to license the use of these legal notices and administrative pages on www.Locustware.com for your protection and ours. This material may not be used in any way for any reason and unauthorized use is policed via Copyscape to detect violators. QUESTIONS/COMMENTS/CONCERNS: If you have any questions about the contents of this page, or simply wish to reach us for any other reason, you may do so by using our Contact information.
Most support aspects are covered in our "Product Support" page. However, there are a few important points you need to be aware of because you are legally obligated to adhere to them. In general I offer free product support via email and skype chat, however, there are limits to this. I cannot be expected to provide you with full consultations on any product including my own. Here is an example for clarification of this point... Lets say that some portion of my product requires that you setup a catchall email account on your domain and upload a file to your domain. It is beyond the scope of my support requirements to walk you though how to do these things, or to do them for you. My support is to cover the core process of the software or course material provided. Additionally, if you request phone (or skype voice) support I am not obligated to provide that for any reason, however if I do provide it, you agree to pay $300 per hour for my time via paypal. I will send you an invoice after our call has ended. This is broken down into 15 minute increments.
We have implemented a new software licensing system - It is detailed on our support page - Do not make any purchase until you have read, understood, and agreed with that.