UNSTOPPABLE PROSPERITY, THE NEW BOOK & DVD FROM FOX BUSINESS HOST CHARLES PAYNE
HOW TO SURVIVE AND THRIVE
IN THE FASTEST BEAR MARKET IN HISTORY
Learn the Strategy Charles Uses to BEAT THE MARKET in good times and bad!
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Order NOW and Receive...
- Free UNSTOPPABLE PROSPERITY Hardcover Book, Just cover delivery ($29.95 Value)
- Free CREATING A RECESSION RESISTANT PORTFOLIO DVD, Just cover delivery ($39.95 Value)
- Free Invitation to a Special 60-minute LIVE online training Event, Packed with Market Updates
- Free Instant Online Access to Several Key Chapters, So you can start reading right away!
About Charles Payne
At the age of 14 Charles Payne became fascinated with Wall Street. In the years that followed he knew in his heart it was his path to prosperity – the catalyst that would lift him from depths of poverty in his old Harlem neighborhood to the height of wealth on Wall Street. Against all odds… driven by shear will and determination… he succeeded!
But Wall Street was not all that Charles had envisioned it to be. The system was flawed… skewed in the favor of the firms rather than the investors. Compensation was based on making money for the house, not the clients. This “broken system” forced good, hardworking salespeople to recommend stocks, funds and products that were not always the best option for the clients.
Frustrated and disenchanted with this reality… Charles walked away from his high commission Wall Street job to start his own independent market research firm. Using his own unique investing strategy, Charles’ stock selections produced returns far exceeding the market’s averages. His success caught the attention of the media. He was frequently asked to appear on CNBC, and when Fox Business was started in 2007, he was offered the opportunity help guide investors on TV daily.
Today, in addition to hosting Making Money with Charles Payne (2-3pm EST M-F on Fox Business), Charles also guest hosts for Stuart Varney and Neil Cavuto. In addition, Charles appears daily on Fox News as “The Money Man” on America’s Newsroom with Bill Hemmer and Sandra Smith.
What Others Are Saying About Charles
“He has great insights, advocates for the common man, understands hard work and the value of a dollar. I am always enlightened by his thoughts.”
“Always objective with excellent insight.”
“Charles is not only smart. He dresses to kill every day. Always enjoy his point of view on Fox. Keep up the good work Charles.”
“His enthusiasm is contagious ... He will not bend to defeat!!! He shares his good fortune with others.”
“The man is always about the facts. It's refreshing to hear him speak without getting emotional just calm, cool & collective. Charles exemplifies true journalistic values reporting the facts.”
“Charles gives straight forward, common sense analysis of not only current financial issues, but refreshingly real principals that bring forward opportunities and building personal wealth possible for American citizens. Thank you, Charles!!”
“You can’t go wrong listening to Charles!”
“I’ll pay for the cost of your book and DVD. You just cover delivery. Tell me where to ship your FREE copies Today!”
~ Charles Payne
“I’ll pay for the cost of your book and DVD. You just cover delivery. Tell me where to ship your FREE copies Today!”
~ Charles Payne
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Unstoppable Prosperity is a publisher and education company. You understand that no content published as part of the Services constitutes a recommendation that any particular investment, security, portfolio of securities, transaction or investment strategy is suitable for any specific person. You further understand that none of the creators or providers of our Services or their affiliates will advise You personally concerning the nature, potential, value or suitability of any particular investment, security, portfolio of securities, transaction, investment strategy or other matter. Accordingly, do not attempt to contact them seeking personalized investment advice, which they cannot provide. To the extent any of the content published as part of the Services may be deemed to be investment advice, such information is impersonal and not tailored to the investment needs of any specific person.
You understand that the views expressed in the Services are the authors’ own opinions. The Services may contain opinions from time to time with regard to securities mentioned in other Services, and that those opinions may be different from those obtained by using another portion of the Services. Trading in securities (including, without limitation, stocks, options, ETFs and bonds) involves risk and volatility. Past results are not necessarily indicative of future performance.
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You understand that performance data is supplied by sources believed to be reliable, that the calculations therein are made using such data, and that such calculations are not guaranteed by these sources, the information providers, or any other person or entity, and may not be complete. In addition, past performance is not an indication of future results.
From time to time, reference may be made in our marketing materials to prior articles and opinions we have published. These references may be selective, may reference only a portion of an article or recommendation, and may not be current. As markets change continuously, previously published information and data may not be current and should not be relied upon.
When U.S. exchanges are open, any quotes (other than those obtained through the real-time quote services available to users of certain Services) are delayed. When U.S. exchanges are not open, quotes are only current as of the close of the last day of trading. Before selling or buying any investment, You should consult with a qualified broker or other financial professional to verify pricing information.
To the extent any of our Services involves a model portfolio or an actual portfolio of investments, as described below, such portfolio of investments is chosen by the author in accordance with their stated investment strategy. Your actual results may differ from results reported for the portfolio for many reasons, including, without limitation:
- performance results for the portfolio do not reflect actual trading commissions that You may incur;
- performance results for the portfolio do not account for the impact, if any, of certain market factors, such as lack of liquidity, that may affect Your results;
- the investments chosen for the portfolio may be volatile, and although the “purchase” or “sale” of an investment in a portfolio will not be effected in the portfolio until after the sending of an email alert from Unstoppable Prosperity has been commenced, server, delivery delays and other factors may cause the price You obtain to differ substantially from the price at the time of the alert;
- You may not have the capital to trade as frequently as the portfolio;
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Important: Please allow 10-14 business days to receive your free book.
To receive your order, you must pay a one-time shipping and handling fee of $8.95. A single copy of the Unstoppable Prosperity book is free when you cover the cost of shipping. Additional shipping may apply for rush shipping or additional products ordered.
I'm so confident that you’ll love my book that I am giving you a 100% Satisfaction GUARANTEE! If you don’t love it, I will refund your shipping and handling cost and let you keep the book anyway! That’s right. You don’t even need to send anything back. Just call customer service and I’ll give you back your shipping cost - no questions asked.
If you don’t absolutely love your Payne's Perspective subscription, you may cancel at any time by contacting Customer Service. But, if you love it, and I am are sure you will, simply do nothing and you will continue to receive the weekly newsletter, live weekly webinar and access to archived issues and webinar recordings. On or around day 30 and every month after that, I will conveniently bill you $37.00 for each month you continue to benefit from this powerful resource.
This charge will show on your statement as 8002969890PayneWeekly.
Payne's Portfolio Review
I'm confident that Payne's Portfolio Review will provide solid insight and analysis of your current portfolio. If you have any questions about your order, please contact Customer Service.
Unstoppable Prosperity Customer Service
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If you are a California resident, you have the right to request the following:
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The Sites are not directed to children under the age of 13 and we will not knowingly collect personally identifiable information from children under 13. We strongly recommend that parents participate in their children’s exploration of the internet and any online services and use their browser’s parental controls to limit the areas of the internet to which their children have access. We may, at our discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content, and we may limit access to certain content to users above a specified age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.
No Professional Advice
Unstoppable Prosperity’s services and education products provide information from Charles Payne, and a team of analysts on trading securities. All investments involve risk, and the past performance of a security, industry, sector, market, financial product, trading strategy, or individual’s trading does not guarantee future results or returns. Investors are fully responsible for any investment decisions they make. Such decisions should be based solely on an evaluation of their financial circumstances, investment objectives, risk tolerance, and liquidity needs.
Unstoppable Prosperity’s reference to specific securities should not be construed as a recommendation to buy, sell or hold that security. Specific securities are mentioned for informational purposes only. Unstoppable Prosperity’s reference to specific cryptocurrencies should not be construed as a recommendation to buy, sell or hold that cryptocurrency. Specific cryptocurrencies are mentioned for informational purposes only.
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Unstoppable Prosperity’s Proprietary Rights
The Services and the content distributed through the Services, with the exception of any User-Generated Content (as defined below) and Third-Party Content, is the property of Unstoppable Prosperity and/or its licensors. You may access and use the content, and download and/or print out one copy of any content from the Services, solely for Your personal, noncommercial use. You acknowledge that You do not acquire any ownership rights by using the Services. If You are interested in reprinting, republishing or distributing content from Unstoppable Prosperity, please contact us at 1-800-296-9890. Monday through Friday between the hours of 9:00 a.m. and 5:00 p.m. CST. If You choose to submit content for publication through the Services, such as guest commentary or guest opinions, such content shall be exclusive to Unstoppable Prosperity, deemed to be property of Unstoppable Prosperity, and by submitting such content You irrevocably assign any and all rights to such content to Unstoppable Prosperity.
Because we host User-Generated Content as a part of portions of the Services and therefore redistribute User-Generated Content You give us, we need to obtain certain rights in those materials. By posting, sending or transmitting to us User-Generated Content, You grant us and our designees a worldwide, non-exclusive, sub-licensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such User-Generated Content in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the User-Generated Content. None of the User-Generated Content disclosed in any part of the Services shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on our part and we shall not be liable for any use or disclosure of any User-Generated Content.
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User-Generated Content and Forums
Certain public areas of Unstoppable Prosperity Portfolio of Websites may allow You to post content that can be accessed and viewed by the public in general. You understand that all information, data, text, images, avatars, hyperlinks, messages, tags, or other materials, each a form of User-Generated Content posted on the public areas of Unstoppable Prosperity Portfolio of Websites are the sole responsibility of the person from whom such content originated. You acknowledge that You, and not Unstoppable Prosperity, are entirely responsible for all content that You upload, post, email, transmit or otherwise make available via Services thereof. Unstoppable Prosperity does not control the User-Generated Content and as such, does not guarantee the accuracy, integrity, timeliness or quality of such content. You agree to not post any content that violates the TOU and to post comments in both tone and content that contribute in a positive and high-quality manner to the substantive exchange of information and the subject matter of the content.
In order to comment, users must register with a valid email address and select a user name, member name and password. Please see “Registration and Privacy” above for our TOU regarding registering.
The following is an incomplete list of illegal and prohibited uses of Services. Unstoppable Prosperity may investigate any illegal and/or unauthorized use of the Services and appropriate legal action may be taken, including without limitation, civil, criminal and injunctive redress.
You agree not to use Unstoppable Prosperity Services to:
- Post any content that You either know or should know is false, deceptive or misleading, or misrepresent or deceive others as to the source, accuracy, integrity, timeliness or completeness of any comment You post;
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- Impersonate any person, firm or entity, falsely or deceptively state, infer or otherwise misrepresent Your affiliation with or connection to any person, firm or entity;
- Post any content which, either the act of posting or the comment itself, You do not have a right to do under any law, regulation or order of any court, or as a result of an employment, contractual, fiduciary or other legal obligation or relationship, or any non-public or otherwise restricted, confidential, sensitive or proprietary information without authorization;
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- Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.
You may post only content owned by You, content for which You have received express permission from the owner and content in the public domain. You assume all risk and responsibility for determining whether any User-Generated Content is in the public domain.
Unstoppable Prosperity expressly disclaims ownership of any User-Generated Content. However, by submitting User-Generated Content to the public areas of the Unstoppable Prosperity Portfolio of Websites, You hereby grant, transfer and assign Unstoppable Prosperity, our affiliates and distributors, successors, assigns and licensees a fully-paid, royalty-free, irrevocable, perpetual, worldwide right and license to publish, distribute, reproduce, transmit, use, translate, display, copy, display, perform, modify, revise, create derivative works of, archive and adapt this content in any form or media now known or hereafter developed (including without limitation in print, magnetic or electronic form), on any number of occasions in any form, and to sublicense third parties (including other users of the Services) to do any of the foregoing with further right of sublicense, without compensation to You. You represent and warrant that You are authorized to grant all rights set forth in the preceding sentence and that the exercise by You of Your rights under this License does not violate any laws, defame or libel any person, invade any person’s right of privacy or publicity or otherwise violate, misappropriate or infringe the rights of any person (including without limit any copyright or moral right). None of the User-Generated Content disclosed in any part of the Services shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on our part and we shall not be liable for any use or disclosure of any User-Generated Content. Unstoppable Prosperity does not and cannot review all of the User-Generated Content posted by users on the Services and is not responsible for such content. You shall remain solely responsible for all User-Generated Content submitted to Unstoppable Prosperity. Your use of any User-Generated Content shall be at Your own risk and Unstoppable Prosperity makes no representations or warranties regarding User-Generated Content. Users should be cautious about any and all investment recommendations and should consider the source of any investment advice. Various factors, including personal or corporate ownership, may influence or factor into User-Generated Content. Unstoppable Prosperity does not control the User-Generated Content posted via the Services and, as such, does not guarantee the accuracy, integrity, timeliness, or quality of such User-Generated Content. You understand that by using the Services, You may be exposed to User-Generated Content that is offensive, indecent or objectionable. Although Unstoppable Prosperity reserves the right to remove any offending User-Generated Content, You understand and agree that You nonetheless may be exposed to such material and that You further waive Your right to any damages (from any party) related to such exposure.
YOU UNDERSTAND THAT UNSTOPPABLE PROSPERITY DOES NOT IN ANY MANNER RECOMMEND OR ENDORSE ANY USER-GENERATED CONTENT.
Unstoppable Prosperity retains the right in its sole discretion, arbitrarily and/or for any reason and without any notice whatsoever, to edit, move, delete, and/or remove any User-Generated Content posted on any of its websites at any time. Without limiting the foregoing, Unstoppable Prosperity has the right to delete any User-Generated Content that Unstoppable Prosperity believes, in its sole discretion, does or may violate the TOU.
You expressly agree that under no circumstances is Unstoppable Prosperity responsible, nor will Unstoppable Prosperity be liable for, any User-Generated Content or for any loss or damage of any kind, that arises or results from such User-Generated Content posted on any of its websites, or any comment deleted by Unstoppable Prosperity or its agents from any of its websites. This includes not only the comments posted, but also any external websites or resources, content, advertising, products, services or any other materials or information on or available from any person, firm or entity other than Unstoppable Prosperity, posted on any of its websites.
Certain areas of this UnstoppableProsperity.com web site available through the Member Services enable you to access online forums where you can post messages (“comments”) and read messages posted by other users (the “Forums”). Some of the Forums topics are selected by Unstoppable Prosperity and others are created by users. The Forums are a free service provided to users of Unstoppable Prosperity. Unstoppable Prosperity does not endorse, and specifically disclaims any responsibility or liability for, any content posted on the Forums, whether the topic is first selected by Unstoppable Prosperity or a user. By posting a message in the Forums, you agree to be bound by the following terms and conditions. If you do not want to be bound by these terms, then do not use the Forums.
You must abide by the following rules in connection with your use of the Services.
- You agree to post only messages that relate to the subject matter of the Forum;
- You agree not to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
- You agree that your name will be displayed to other users of the Forums. Unstoppable Prosperity will display the full name (i.e., first and last) which you provided when you registered to use the site or purchased a premium service, unless you specifically request to change this name and are granted permission to do so by us;
- You agree not to impersonate any person or entity, including, for example, an Unstoppable Prosperity employee or officer, a forum leader, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- You agree not to post messages that contain material that is inappropriate, profane, defamatory, infringing, obscene, or indecent. This includes any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. You agree to give attribution to others when you quote or paraphrase materials owned by others, and to limit your quotations to no more than 50 words;
- You agree not to upload files, or cause users to upload files, that contain viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of another’s computer;
- You agree not to advertise or promote any goods or services in the Forums. This includes, among other things, “junk mail”, “spam”, “chain letters”, and “pyramid schemes;”
- You agree not to solicit or contact other members in order to offer for sale any products or services, or to engage in any prospective or current business communications with members, through the Forums or by using the Membership Services;
- You agree not to conduct contests or distribute chain letters through the Forums;
- You agree not to violate any applicable local, state, national or international law in connection with your use of the Forums. This includes, among other things, any securities law or regulation; and
- By posting a message, uploading a file, or engaging in any other form of communication through a Forum, you are granting Unstoppable Prosperity a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer, and sell any such messages, files or communications.
You agree to indemnify and hold Unstoppable Prosperity and its affiliates and their respective, officers, directors and employees harmless from any claims, damages, losses or costs (including reasonable attorney’s fees) that arise out of any of your postings and any material contained therein.
YOU UNDERSTAND THAT UNSTOPPABLE PROSPERITY DOES NOT IN ANY MANNER RECOMMEND OR ENDORSE ANY USER-GENERATED CONTENT.
Links to Other Websites and Viral Links
Your use of certain features and certain Third-Party Content made available to You by Unstoppable Prosperity may be governed by additional rules, which are available on our websites or by hyperlink from other websites, in connection with the Services. By using any feature You are acknowledging that You have reviewed all corresponding rules and agree to be bound by them. Some Third-Party Content and some of the features may have been provided by third parties for Your use. In the event that any feature or tool is provided by a third party, such feature or tool may become unavailable in the event that the agreement between us and the third party is terminated. You expressly acknowledge and agree that Your use of all Third-Party Content and features and tools provided by third parties is solely at Your own risk.
Content available through the Services may contain links to other Internet websites or resources. We neither control nor endorse such other websites, nor have we reviewed or approved any content that appears on such other websites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, timeliness, or inappropriate nature of any content, advertising, products, services, or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content.
You are encouraged to link to the Services on any online bulletin board, message board, newsgroup, website or chat room (“Third-Party Site”). If You elect to display links from our websites on a Third-Party Site, You agree that You will comply with Unstoppable Prosperity’s viral linking requirement as set forth herein. Notwithstanding anything contained herein, we reserve the right to deny permission to You to link to the website for any reason in our sole and absolute discretion.
Unstoppable Prosperity hereby grants You the permission to post such links on a Third-Party Site, provided, however, that You comply with the following guidelines:
- You may display only an excerpt of the content not to exceed 50 words that must be followed by a link to the full content of the Service. You are not permitted to reproduce the entire text of content as it appears on the website. You are prohibited from displaying excerpts from the Premium Service; and
- The byline must consist of the name or title of the content and the name of the website. (e.g. “as appearing on Unstoppable Prosperity”)
Any website that links to Unstoppable Prosperity Portfolio of Websites (a) must not suggest or imply that we are sponsoring or endorsing such website(s)’s product, unless Unstoppable Prosperity has given its prior written consent; (b) must not use any of our trademarks on such Third-Party Site without prior written consent of Unstoppable Prosperity; and (c) must not display any excerpt of Unstoppable Prosperity content and link together with content on such Third-Party Site that may be construed as distasteful, offensive or controversial.
Disclaimer of Warranties
The Services, and any content obtained or accessed through the Services, including without limitation Third-Party Content, is provided “as is” without representations or warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, Unstoppable Prosperity, its officers, directors, employees, subsidiaries, affiliates, suppliers, advertisers, and agents disclaim all warranties, express, implied or statutory, including, but not limited to, implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose or use, and all warranties relating to the adequacy, accuracy, timeliness or completeness of any information available through the Services.
Unstoppable Prosperity and its affiliates, suppliers, agents and sponsors do not warrant and accept no liability that Your use of the Services and any content contained therein, including without limitation, Third-Party Content, will be uninterrupted, error-free, or secure, that defects will be corrected, or that the Services or the server(s) on which the Services are hosted are free of viruses, worms, malicious code, Trojan horses, malware, or other harmful components. Unstoppable Prosperity and its affiliates, suppliers, agents and sponsors accept no liability for any software downloaded from the Services. You acknowledge that You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Services, and all charges related thereto. You assume total responsibility and risk for Your use of the Services and Your reliance thereon. No opinion, advice, or statement of Unstoppable Prosperity or its affiliates, suppliers, agents, members, or visitors, whether made on the site or otherwise, shall create any warranty. You use of the site, the content contained therein, and materials provided through the site, are entirely at Your own risk. Unstoppable Prosperity and its affiliates, agents and sponsors will not be liable for any informational errors, incompleteness, delays or any actions taken in reliance on information contained in the Services.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. You agree that Unstoppable Prosperity shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services.
A possibility exists that content available through the Services could include inaccuracies or errors, or materials that violate the TOU. Additionally, a possibility exists that unauthorized alterations could be made to the content available through the Services by third parties. Although we attempt to ensure the integrity of our websites and Services, we make no guarantees as to the completeness or correctness of any content available through the Services. In the event that such a situation arises, please contact us at support@UnstoppableProsperity.com with, if possible, a description of the material to be checked and the location (URL) where such material can be found on our websites, if applicable, as well as information sufficient to enable us to contact You. We will try to address Your concerns as soon as reasonably practicable. For copyright infringement claims, see the section on “Copyright Infringement” below.
Under no circumstances shall Unstoppable Prosperity be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.
Limitation of Liability
NEITHER UNSTOPPABLE PROSPERITY NOR ITS AFFILIATES, SUPPLIERS, SUBSIDIARIES, ADVERTISERS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, RELIANCE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES AND/OR ANY CONTENT CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION, ANY THIRD-PARTY CONTENT, OR ANY SERVICES USED OR PURCHASED THROUGH UNSTOPPABLE PROSPERITY, WHETHER SUCH DAMAGE IS FORESEEABLE OR NOT AND WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. FOR AVOIDANCE OF DOUBT, DAMAGES ARISING UNDER THE SECTION ENTITLED “INDEMNIFICATION” (INCLUDING WITHOUT LIMITATION DAMAGES TO WHICH A PARTY IS ENTITLED TO INDEMNIFICATION UNDER SUCH SECTION THAT SUCH PARTY SUFFERS IN CONNECTION WITH THIRD PARTY CLAIMS FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES) ARE DEEMED TO BE DIRECT DAMAGES OF THE INDEMNIFIED PARTY. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING IT. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO COMPANY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION — WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE — SHALL BE THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESS TO THE SERVICES IN THE CURRENT CALENDAR YEAR OF YOUR SUBSCRIPTION.
You agree to indemnify, defend and hold harmless Unstoppable Prosperity, our current and former affiliates, our current and former officers, directors, employees, agents and representatives and their successors and assignees from and against any and all liabilities, claims, (including, without limitation, third-party claims), damages, losses, costs (including reasonable attorneys’ fees), or other expenses associated with or incurred as a result of or from (a) Your violation of the TOU; (b) Your use of the Services; (c) Your violation of the rights of any third party; (d) the actual or alleged infringement of any third party proprietary or intellectual property right arising out of the duplication, sale, distribution, or use of the Services, or (e) any liability arising from Your use of the Services including any User-Generated Content You create.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. The procedure under the DMCA for takedown notice is given below. See http://loc.gov/copyright/ for the most current statutory requirements.
If You believe in good faith that materials displayed on Unstoppable Prosperity Portfolio of Websites infringe Your copyright, You (or Your agent) may contact: Copyright Agent, Legal Department, Unstoppable Prosperity, Inc., 8147 E Evans Rd, Suite 9, Scottsdale, AZ 85260 USA with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or trademark interest; (b) a description of the copyrighted work(s) or trademark(s) that You claim has been infringed; (c) a description of where the material that You claim is infringing is located on the website; (d) Your address, telephone number, and email address; (e) a written statement by You that You have a good faith belief that the disputed use is not authorized by the copyright or trademark owner, its agent, or the law; and (f) a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright or trademark owner or authorized to act on the copyright or trademark owner’s behalf. Please note that You will be liable for damages (including costs and attorneys’ fees) if You materially misrepresent that any material on our sites is infringing Your copyrights.
We have a policy of terminating the accounts of repeat infringers or otherwise taking reasonable steps to prevent such users from continuing to post. Each user agrees that if his or her account is terminated under this policy, the user will not attempt to establish a new account or otherwise post content under any name, real or assumed, and further agrees that if the user violates this restriction by opening a new account or otherwise posting content after being terminated pursuant to this policy, the user shall indemnify and hold us harmless for any and all liability that we may incur therefor.
YOUR ACCEPTANCE OF OTHER AGREEMENTS
OWNERSHIP OF SITE AND PRODUCTS
The Company owns and operates this Site and the information, materials, product names and services available on it. The Company also owns the Products and the information and materials available in connection therewith. All content including, but not limited to, text, graphics, logos, buttons, icons, data compilations, and images is the property of the Company, its licensors, or its content suppliers and is protected by U.S. and international copyright and trademark laws. The compilation (collection, arrangement, and assembly) of all content on this Site or contained in the Products is the exclusive property of the Company and is protected by U.S. and international copyright laws. All software used on this Site is the property of the Company or its suppliers and is protected by U.S. and international copyrights laws.
You do not acquire any ownership rights to this Site and its content, the Products, or any intellectual property, trademarks, or logos of the Company by Your use of this Site or the Products. You acknowledge that this Site and its contents and the Products are valuable commercial assets which the Company has expended substantial time and resources to develop. You expressly agree that the Company and its affiliates retain all ownership rights to this Site and its contents, to the Products, and to any intellectual property, trademarks, or logos of the Company.
LIMITED LICENSE AND USE OF SITE AND PRODUCTS
You are hereby granted a limited, revocable, non-exclusive right to access and use this Site and the Products subject to the limitations set forth herein.
Use of Site. You are responsible for all activities that occur with the use of Your account and password. You agree to provide true, accurate, current and complete information about Yourself including, but not limited to, credit card information and electronic mail address, and to maintain and update this information to keep it true, accurate, current and complete. Upon expiration of Your credit card, You shall notify the Company of the new credit card expiration date and all other relevant new information pertaining to the new credit card.
Any communications or material of any kind that You email, post or otherwise transmit through this Site, including data, questions, comments, or suggestions will be treated as non-confidential and nonproprietary. The Company is free to use any ideas, concepts, know-how or techniques contained in Your communications for any purpose including, but not limited to, developing and marketing products using such information without compensation to You.
Use of Products. You may not reproduce, republish, resell or undertake any such similar use of the Products. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company and our affiliates without a specific license to do so. You may not use any meta tags or any other “hidden text” utilizing the Company’s name, logo or trademarks without the express written consent of the Company.
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE. THIS SITE AND ALL OF ITS CONTENT (INCLUDING USER-GENERATED CONTENT) ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THIS SITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS SITE; (C) THAT THE CONTENT OF THIS SITE IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THIS SITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE. You ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS You CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.
GOVERNING LAW, JURISDICTION AND VENUE
MODIFICATION AND SEVERABILITY