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	<title>Myestudy Terms, Conditions, and Privacy Policy</title>
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		<title>Myestudy Terms, Conditions, and Privacy Policy</title>
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		<title>Myestudy Terms, Conditions and Privacy Policy</title>
		<link>http://myestudy12.wordpress.com/2009/09/11/hello-world/</link>
		<comments>http://myestudy12.wordpress.com/2009/09/11/hello-world/#comments</comments>
		<pubDate>Fri, 11 Sep 2009 10:19:13 +0000</pubDate>
		<dc:creator>teemony</dc:creator>
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		<description><![CDATA[I am only a middleman involved in the sale of Online Training solutions. My major duty is to receive payments from you and to set up your online training class. The moment I’m able to provide you with a functional login instruction, the contract between you and I has expired. Though, you would have an [...]<img alt="" border="0" src="http://stats.wordpress.com/b.gif?host=myestudy12.wordpress.com&#038;blog=9433115&#038;post=1&#038;subd=myestudy12&#038;ref=&#038;feed=1" width="1" height="1" />]]></description>
			<content:encoded><![CDATA[<p>I am only a middleman involved in the sale of Online Training solutions. My major duty is to receive payments from you and to set up your online training class. The moment I’m able to provide you with a functional login instruction, the contract between you and I has expired. Though, you would have an access to your online class for a year. It is in your own best interest to determine the suitability of any course for you, as there would not be any form of refund, once a functional login instruction is processed and sent to you.</p>
<p>Also take note that it is NOT my obligation, but I can always provide you with technical support as long as it falls within my technical capabilities. I have a special page on my blog, dedicated to helping you with your browser settings. In case I’m unable to solve your technical problems, you agree to hold me harmless, and seek an alternative solution to the problem. You should also take note that your accessibility to your online class depends on whether you are using the recommended PC or not, your browser settings and the reliability of your internet connection. I have no control over these, and you agree to hold me harmless if any problem arises out of these.</p>
<p>Nevertheless, I have the strong opinion that if you meet up with the system requirement, browser settings and you have a reliable internet connection, your need for technical support would be limited. As a matter of fact, you might not need it.</p>
<p>ALTHOUGH, THE CONTRACT BETWEEN YOU AND I ENDS AS SOON AS I’M ABLE TO PROVIDE YOU WITH A FUNCTIONAL LOGIN INSTRUCTION. HOWEVER, YOU REMAIN BOUND BY THE TERMS AND CONDITIONS AS PROVIDED BY MINDLEADERS, THROUGHOUT THE DURATION OF YOUR ONLINE CLASS. MAKING PAYMENTS IS AN INDICATION THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO MY TERMS AND CONDITIONS ABOVE, AS WELL AS THAT OF MINDLEADERS PROVIDED BELOW:</p>
<p>UNIVERSAL SINGLE USER LICENSE AGREEMENT</p>
<p>1.  ACCEPTANCE: By making payments or by accessing or using after viewing this license any of the web-based training services (&#8220;Services&#8221;) listed below which You have selected, You are agreeing to the terms of this Universal Single User License Agreement (&#8220;Agreement&#8221;). Please read this Agreement carefully. If You do not accept the following terms, do not pay for any course, and You will not be permitted access to any of the Services.</p>
<p>This is an Agreement between You (referred to as “You” or “Your”) and MindLeaders, Inc. (&#8220;Licensor&#8221;) relating to access to those Services purchased by You. This Agreement goes into full effect (the &#8220;Effective Date&#8221;) after You have accepted the terms of this Agreement. The rights of access granted in this License Agreement are provided only to You. You are the only person who may view or access the purchased Services throughout the term of this Agreement. Only those terms set forth in this Agreement related to the Services purchased by You shall be applicable to You.</p>
<p>2.  TERM: The term of this Agreement shall commence on the Effective Date and shall continue until the expiration date (“End Date”) provided to you by Licensor (“Term”). Once the Term ends, this license will automatically terminate and You will no longer have access to the Services.</p>
<p>3.  TITLE: Licensor or its suppliers are the exclusive owners of the Services. Title to the Services, or any copy, modification or merged portion of the Services, shall at all times remain with Licensor.</p>
<p>4.  LICENSE: Licensor grants to You a temporary, non-exclusive, non-transferable license to access those of the following Services purchased by You, which are more fully described below:</p>
<p>(a)       Licensed Courseware. You are hereby granted the right to access and use the MindLeaders&#8217; Courses, and the Business Skills Video Courses which You have selected at Internet URLs specified by Licensor from time to time. The MindLeaders&#8217; Courses and the Business Skills Video Courses are sometimes referred to herein collectively as the &#8220;Courses&#8221;. Plug-ins and other executable files downloaded to You when You display the Courses may be used following the end of the Term, but only for Your own individual use.</p>
<p>(b)        Instant Mentoring and Reference Library. If Your purchase so includes, You are hereby granted the right to use Licensor&#8217;s Reference Library and Instant Mentoring Services.</p>
<p>5.  RESTRICTIONS: You may not: (a) sublicense, assign, transfer, distribute or rent the Services; (b) use, copy or modify the Services, in whole or in part, except as expressly permitted in this Agreement; (c) take any action designed to unlock or bypass any restrictions on number of users or access to the Services; or (d) access any of the Services after the end of the license term. There are no implied licenses. You agree not to exceed the scope of the licenses granted herein.</p>
<p>6.  INSTANT MENTORING: The following terms apply to Your use of the Instant Mentoring Services:</p>
<p>(a) Licensor&#8217;s Instant Mentoring Services consist of certain online support provided to You through the Internet via Licensor&#8217;s web site. Online support will be provided through designated dialog windows and, if available, message boards established for one or more series of MindLeaders&#8217; Courses. You will be presented a dialog window when accessing a MindLeaders&#8217; Course through the Internet. Subject to the limitations set forth below, each dialog window generally will be monitored by an online mentor. Each dialog window will allow You to communicate with the online mentor and other end users participating in the designated dialog window. You may submit subject matter questions to the online mentor through the dialog window or post questions directly to the message board. Online mentors will use commercially reasonable good faith efforts to respond to appropriate subject matter questions submitted by You. Questions that cannot be resolved online, or that are submitted through the message board, will be referred to subject matter experts for resolution offline. Answers to questions resolved offline will be posted to the appropriate message board. Licensor will use its commercially reasonable good faith efforts to post, on the appropriate message board, responses to all questions that cannot be resolved online or that are submitted through a message board. Offline resolution times will generally range from twenty-four (24) to forty-eight (48) hours of the receipt of the question.</p>
<p>(b) Subject to the limitations provided herein, the Instant Mentoring Services generally will be available 24 hours per day, seven days per week. Except for scheduled down time, dialog  windows will be available 24 hours per day to permit communication among end users participating in the dialog windows. Online mentors will not be available during certain times or under the following circumstances: (i) during one or more shifts on recognized public holidays in the United States, the United Kingdom and Singapore; (ii) during the holiday period commencing on December 24 and ending on the first business day in January; (iii) during non-business hours in the United States with respect to certain less popular MindLeaders&#8217; Courses; (iv) with respect to certain MindLeaders&#8217; Courses where providing substantive responses may constitute the  unauthorized practice of law, medicine or other profession which is regulated by a state or states; and (v) with respect to selected older versions of some MindLeaders&#8217; Courses.</p>
<p>(c) Licensor reserves the right to establish, from time to time, Rules of Conduct that will govern all postings, inquiries, questions and other material of any sort submitted through a dialog window or posted to a message board. Such Rules of Conduct, if and when established, shall be posted on a designated Licensor website or will otherwise be made available to You for Your review.</p>
<p>(d) Instant Mentoring Services are provided by Licensor through a contract with a third party provider and are provided on a best endeavors basis. Neither Licensor nor its third party provider shall have any liability whatsoever with respect to the Instant Mentoring Services.</p>
<p>(e) Instant Mentoring Services are available only in English.</p>
<p>7.  REFERENCE LIBRARY SERVICES: If selected by You through this purchase, MindLeaders&#8217; Reference Library Services (the “Reference Library Services”) provide You the use of online libraries of third party reference materials, editorial materials, electronic books and other resources offered by OCLC Online Computer Library Center, Inc. a third party provider  (”NetLibrary”) as identified on this purchase (each, a “Reference Library Service” and collectively, the “Reference Library Services”).  The content, features, programs and hours of operation of the Reference Library Services may be expanded, restricted, updated or otherwise changed by NetLibrary in its sole discretion at any time. The following terms and conditions are applicable to the licensing of the Reference Library Services:</p>
<p>(a)  Each Reference Library Services licensed by You is licensed on a “per user” basis, and not more than the &#8220;Number of Licensed Users&#8221; purchased by You may use the particular Reference Library Services during the Term;</p>
<p>(b)  Your right to use the Reference Library Services is expressly subject to the following restrictions and You are responsible for ensuring that all use of the Reference Library Services complies with these restrictions: (i) You may not reproduce, retransmit, distribute, sell, license, sublicense, publish, broadcast or circulate any content or other materials accessed through the Reference Library Services; (ii) access to the servers for the Reference Library Services is restricted to conventional, non-accelerated Web browsers, and You may not use any product, Web browser or browser feature that significantly accelerates the speed of page downloads, such as NetJet, NetSonic, MSIE Crawler, Teleport-Pro, or similar tools; (iii) You may not use Web robots, crawlers, wanderers or spiders in connection with the Reference Library Services; (iv) You must not use Reference Library Services for any purpose that is unlawful, defamatory, obscene, abusive, sexually explicit, racist, threatening or encouraging of conduct that would constitute a criminal offense or give rise to civil liability actions; (v) You must comply with the terms of use as presented by MindLeaders upon each access to the Reference Library;  and (vi) You must also comply with the Terms of Use as published by NetLibrary at http://www.NetLibrary.com/TermsOfUse.aspx.    If either MindLeaders or NetLibrary detects or becomes aware of any failure to comply with any of these restrictions, it may suspend Your access to the Reference Library Services;</p>
<p>(c)  All content included in the Reference Library Services is the property of third party publishers and copyright holders, and is protected by copyright and other laws relating to proprietary rights.  All software used on the Web sites for the Reference Library Services is the property of MindLeaders or NetLibrary or their software providers, and is protected by copyright and other laws.  MindLeaders, NetLibrary and their content providers and software suppliers retain all rights in their respective properties worldwide;  <strong></strong></p>
<p>(d)  MindLeaders and NetLibrary represent and warrant to You that the Reference Library Services will not infringe upon any copyright, patent, trade secret or other proprietary right of any third party. You will indemnify and defend MindLeaders and NetLibrary from and against any loss, damage, liability, cost or expense arising out of (i) breach of the license to use the Reference Library Services; and (ii) the misuse of the Reference Library Services by You;       <strong></strong></p>
<p>(e)  You understand and agree that any use of the Reference Library Services and the content therein by it or You is entirely at Your own risk.  You agree to take appropriate measures to safeguard Your data and information from malfunctions of the Reference Library Services;<strong></strong></p>
<p>(f)  EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN, THE REFERENCE LIBRARY SERVICES AND ITS CONTENT ARE PROVIDED &#8220;AS IS&#8221; WITHOUT ANY WARRANTIES OF ANY KIND.  MINDLEADERS, NETLIBRARY AND THEIR RESPECTIVE AFFILIATES, AGENTS, EMPLOYEES, DIRECTORS, AND SUPPLIERS EXPRESSLY DISCLAIM ANY SUCH WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM VIRUSES. NEITHER MINDLEADERS NOR NETLIBRARY WARRANTS THAT THE OPERATION OF THE REFERENCE LIBRARY SERVICES WILL BE ERROR FREE OR WITHOUT INTERRUPTION.  ALL LIABILITY WITH RESPECT TO THE ACCURACY, RELIABILITY AND/OR QUALITY OF THE THIRD PARTY CONTENT SHALL REMAIN WITH THE RESPECTIVE CONTENT PROVIDER, AND YOU SHALL HAVE NO REMEDY AGAINST MINDLEADERS OR NETLIBRARY WITH RESPECT TO THE SAME. NEITHER NETLIBRARY NOR ITS CONTENT PROVIDERS WARRANTS, GUARANTEES OR MAKES ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF NETLIBRARY’S WEBSITE OR THE CONTENT THERE; and</p>
<p>(g)  IN NO EVENT SHALL MINDLEADERS, NETLIBRARY AND THEIR RESPECTIVE AFFILIATES, AGENTS, EMPLOYEES, DIRECTORS OR SUPPLIERS (INCLUDING, WITHOUT LIMITATION, CONTENT PROVIDERS) BE LIABLE TO YOU, OR ANYONE CLAIMING THROUGH YOU, FOR (i) INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES; OR (ii) ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE REFERENCE LIBRARY SERVICES, THE PERFORMANCE OR NON-PERFORMANCE OF THE REFERENCE LIBRARY SERVICES OR THE CONTENT ACCESSIBLE THROUGH THE REFERENCE LIBRARY SERVICES, EVEN IF THE POSSIBILITY OF SUCH DAMAGES WAS FORESEEABLE; AND (iii) THE LIABILITY OF MINDLEADERS, NETLIBRARY AND THEIR RESPECTIVE AFFILIATES, AGENTS, EMPLOYEES, DIRECTORS AND SUPPLIERS (INCLUDING, WITHOUT LIMITATION, CONTENT PROVIDERS) HEREUNDER IS LIMITED SOLELY TO YOUR DIRECT DAMAGES, NOT TO EXCEED THE FEES PAID BY YOU TO MINDLEADERS PURSUANT TO THIS ORDER IN THE THEN PRECEDING TWELVE(12) MONTHS WHICH ARE ALLOCABLE TO THE REFERENCE LIBRARY SERVICES.</p>
<p>8.  CHARGES AND PAYMENT: You agree to pay all charges for Your use of the Services in the currency in which the charges are billed and at the prices displayed to You as of Your selection of the Services. All charges are exclusive of value added, sales or other taxes, which You agree to pay.  You agree to allow PayPal, a secure third party service provider, to process Your credit card or debit card information in connection with the license of Services by You.  Access charges are payable on the Effective Date, and your credit card statement will reflect a transaction with “MindLeaders.” If  payment is not received by Licensor from the card issuer or its agents, You agree to pay all amounts due upon demand of Licensor. Your card issuer&#8217;s agreement governs Your use of Your designated card, and You must refer to that agreement and not this Agreement with respect to Your rights and liabilities as a cardholder.</p>
<p>9.  EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN THE SERVICES AND THEIR CONTENT ARE PROVIDED &#8220;AS IS&#8221; AND THERE ARE NO WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE) FOR THE SERVICES. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, NONINFRINGEMENT, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU, THE USER. LICENSOR AND LICENSOR&#8217;S DIRECT AND INDIRECT SUPPLIERS DISCLAIM ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY OR FITNESS FOR ANY PURPOSE, PARTICULAR, SPECIFIC OR OTHERWISE, OR NONINFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS. THESE DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.</p>
<p>Licensor does not warrant that the functions contained in the Services will meet Your requirements or expectations or that the operation of the Services will be entirely error free.</p>
<p>10.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR OR LICENSOR&#8217;S DIRECT OR INDIRECT SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES, EVEN IF LICENSOR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS OF LIABILITY CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT.</p>
<p>11.  TERMINATION: Upon the violation of any of the provisions of this Agreement, Your right to access the Services shall automatically terminate.</p>
<p>12.  EXPORT LIMITATIONS: None of the Services or underlying information or technology may be displayed, downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department&#8217;s list of Specially Designated Nationals or the U.S. Commerce Department&#8217;s Table of Deny Orders. By agreeing to the terms of this Agreement, You are agreeing to the foregoing and You are representing and warranting that You are not located in, under the control of, or a national or resident of any such country or on any such list.</p>
<p>13.  GOVERNMENT USERS: This Agreement defines the rights of any United States Government user to the Services, except where contrary to law. In the event applicable law does not permit this license to define the rights of United States Government users, the Services are provided with RESTRICTED RIGHTS, and use, duplication or disclosure by the Government is subject to restrictions as set forth in subparagraph (a) (14) of the Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation clause DFARS 252.227-7014 (JUN 1995), or subparagraphs (c) (1) and (2) of the Commercial Computer Software Restricted Rights clause, FAR 52.227-19 (JUN 1987). The Manufacturer of the Licensed Courseware is MindLeaders, Inc.</p>
<p>14.  GENERAL: If any provision of this Agreement is held to be unenforceable, the enforceability  of the remaining provisions shall in no way be affected or impaired thereby. This Agreement shall be governed by the local laws of the State of Ohio, United States of America, applicable to contracts performed entirely in that state.  By licensing the Services, You consent to the exclusive personal jurisdiction and venue of competent local and federal courts residing in Franklin County, Ohio.</p>
<p>YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND, BY CLICKING THE BUTTON MARKED &#8220;I ACCEPT&#8221; INDICATE YOUR ACCEPTANCE OF ITS TERMS AND CONDITIONS. YOU ALSO AGREE THAT THIS IS THE COMPLETE AGREEMENT BETWEEN YOU AND LICENSOR AND IT SUPERSEDES ANY OTHER INFORMATION YOU MAY HAVE RECEIVED RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.</p>
<p>If You do not agree to the terms of the license, do not make payment for any course</p>
<p style="text-align:left;">If you agree, <a href="http://www.myestudy10.wordpress.com/" target="_self">then click here for information about making payments</a></p>
<p><span style="color:#993300;"><span style="text-decoration:underline;"><strong>Myestudy Privacy Policy</strong></span></span></p>
<p>Your right to privacy is important to me. The information you provide will be kept confidential and will be used only to support your customer relationship with me. <strong>Information regarding you or the products you purchase will not be disclosed or sold to any outside organization, ever.</strong></p>
<p>However, it is a practice to contact customers in the event of potential problems with a purchase or any normal communication regarding purchases. Also, on “How to register” post on my blog, I ask you to provide information that will enable me to enhance your site visit or follow-up with you after your visit.</p>
<p>Below are the guidelines I use for protecting the information you provide during a visit to my blog. I only request information from you in two circumstances.</p>
<ul>
<li>When you want to place an      order</li>
<li>When you are required to      prove your identity ( if need be)</li>
</ul>
<p>In each of these instances, you would be required to provide your name, email address and other appropriate personal information needed to register for or subscribe to these services or offers.</p>
<p>Under no circumstance will I ever use your personal information to &#8220;pitch&#8221; you with additional products or services. <strong>Your e-mail address will never be sold to any outside third parties.</strong></p>
<h3>Trademark Information:</h3>
<div><em>Product names mentioned in <a href="http://www.myestudy.wordpress.com/" target="_self">http://www.myestudy.com</a> and its related links may be trademarks/servicemarks or registered trademarks/servicemarks of their respective companies and are hereby acknowledged. Use of a name in my blogs are for identification purposes only, and should not be regarded as affecting the validity of any trademark or service mark, or as suggesting any affiliation between myself and the trademark/servicemark proprietor.</em></div>
<div>
<p>Thanks.</p>
<p>‘Tunde</p>
<p><a href="http://www.myestudy.wordpress.com/" target="_self">http://www.myestudy.wordpress.com</a></p>
<p><a href="http://www.myestudy10.wordpress.com/" target="_self">Click here to register for a course now!</a></div>
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