The Best Google Kit Scam Disclaimer

by El Plumber (admin) on October 16, 2009

Disclaimer The Best Google Kit Scam Disclaimer

Found this awesome disclaimer on the fake news site consumer-weekly.com.  I think they are under the mistaken impression that somehow they can comply with FTC disclosure requirements by stretching the truth about earning potential and cost as long as they toss a giant disclaimer in tiny light gray text at the bottom of their fake news site.  Like I’ve said before, we’re not lawyers at The Electron Plumber, nor do we pretend to be, but if you read our article on Free Trial Scams And The FTC you’ll see why we think this type of disclaimer is useless.  Basically it’s up to the advertiser and merchandiser to draw attention to necessary negative option disclaimers, not bury them.

This publication provides the Author’s opinions and neither the Publisher nor the author intends to render legal, accounting, financial, business or other professional advice with this publication. With regards to licensing of a business enterprise, any legal accounting or tax matters. Author and publisher is an Affiliate of the company offering the business opportunity and are remunerated by advertiser. Author and publisher strongly suggest that the reader seek the services of appropriate licensed business, financial and or legal professionals before proceeding with any actions and comply with the local, state and federal licensing and guideline requirements which the reader resides or conducts business.

Google is in no way associated with this website. The Publisher and Author disclaim any personal liability, loss or risk incurred as a consequence of the use and application of the offer, either directly or indirectly, of any advice, information, or methods presented in this publication. Individual comments are unedited and not the opinion of Author or Publisher and not liable for their comments and opinions.

INCOME CLAIM WARNING: Testimonials do not result typical result. Photographs or images are depiction of individuals and payment methods. These income examples are representative of some of the most successful participants in the program. Some individuals purchasing the program may make little or NO MONEY AT ALL. These claims are not a guarantee of your income, nor are they typical of average participants. Individual results will vary greatly and in accordance to your input, determination, hard work, and ability to follow directions. No person or company can guarantee profits or freedom from loss. Any and all use of this website certifies you are agreeing to our Terms and Conditions

*Google Cash Success Kit: Billing To activate your trial membership to OnlineCashSuccess KitTM you will be charged the refundable Delivery Fee, you will then be granted instant access to Member Services. After your one (1) day trial period you will be charged Seventy-nine dollars and eighty-six cents ($79.86) per month for your OnlineCashSuccessKitTM Membership. Remember, you can chat with live operator by calling 866-481-8192 within one (1) day to arrange instant cancelation, and you will not be charged. At the end of your trial period your Membership will be automatically charged each month at the then-current membership fee on or about that same date to the Active Credit Card. If for any reason you are dissatisfied, chat with a live operator to arrange for immediate cancelation of your Membership. Disclaimer of Warranties THIS WEB SITE IS OFFERED “AS IS” TO THE GREATEST EXTENT PROVIDED BY LAW. THE COMPANY IN NO WAY MAKES ANY WARRANTY REGARDING THE USE, OPERATION OR CONTENT OF THIS WEB SITE OR ANY OTHER WEB SITE LINKED TO OR ADVERTISED ON THE WEB SITE. THE COMPANY DISCLAIMS ALL WARRANTIES INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTY THAT THE SERVER THAT MAKES THIS WEB SITE AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Some states or jurisdictions do not allow the exclusion of implied warranties, or conditions or limitations on how long an implied warranty may last, so the above limitations may not apply to you. You may have other rights which vary from state to state or jurisdiction to jurisdiction. Limitation of Liability To the greatest extent permitted by law, the Company shall not be liable for any loss or damages (whether direct, indirect, consequential, incidental, or otherwise) resulting from any use of this Web Site. Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, so the above limitations may not apply to you.

* Google Profit House Terms & Conditions of Sale (“Conditions”) Terms & Conditions 1. SCOPE & APPLICATION 1.1 By submitting an order, you automatically receive a 5-day trial to the Start up Internet subscription. Your 5-day trial begins immediately upon placing your order. You will be billed $1.97 at the time of order submission. Once Your trial is active you have 5-days to decide whether to accept Your Subscription. Prior to the expiration of the 5-day trial period, You may cancel Your subscription by calling toll-free at 1-800-440-4397. Should you fail to cancel Your Subscription within the 5-day trial you will be billed $79.97 at the completion of the 5-day trial and $79.97 every month thereafter for continued services and hosting of your internet web tools software unless canceled by you. 1.2 You unconditionally and expressly agree and accept the Conditions set forth herein as a binding contract (“the Agreement”) enforceable by law. The following are the terms and conditions of participation in the Subscription (“Subscription”) or any other Product on this Site, all such references to Subscription or Product combined shall be (“Product”). “Customer”, “I”, “You” or “Your” refers to you. “Site” means this World Wide Website located at our website, an authorized online reseller, and Your contracting partner reserves the right to amend this Agreement from time to time. It is agreed that any such amendment will apply to Customer. We agree to inform Customer of any amendment to the Agreement. Should Customer fail to object to any amendment to the Agreement within one week, such failure shall serve as an acceptance of the amendment. 2. TRIAL PERIOD AND BILLING 2.1 2.1 You authorize us or associated product owners or resellers* to initiate debit/credit entries to your bank deposit account or credit card as indicated upon sign-up and enrollment. This authority is to remain in full force and effect until You cancel Your subscription. 2.2 If Your payment is not collected by credit card within 30 days of the due date, Your Internet Start Up Subscription will be suspended. If You wish to cancel and not be billed, You must call toll-free at 1-800-440-4397. You expressly agree to the automatic monthly billing set forth herein. You expressly agree to honor all charges and fees due in association with this Subscription. 3. RETURNS AND CANCELLATION POLICY 3.1 You may cancel Your subscription at any time by calling Customer Care at 1-800-440-4397 Monday through Friday 9:00 AM to 6:00 PM EST. 3.2 You may Cancel at anytime during the initial 5-day trial and but will not receive a full refund of Your $1.97. Please call Customer Care at 1-800-440-4397 to make arrangement. 3.3 You explicitly agree to the following statement: “I UNDERSTAND THAT I MAY BE LIABLE FOR PAYMENT OF FUTURE GOODS AND SERVICES UNDER THE TERMS OF THIS AGREEMENT IF I FAIL TO NOTIFY THE SUPPLIER NOT TO SUPPLY THE GOODS OR SERVICES DESCRIBED.” 4. DISPUTE RESOLUTION 4.1 You agree that any disputed fee will not be charged back to your credit card issuer. You expressly agree to submit in writing any objection regarding fees to us. 4.2 We, at our sole discretion, shall determine the validity of your objection and notify you of its decision. Should You disagree with our decision, You agree to mediate the dispute before litigation. 4.3 You agree to indemnify us or associated product owners or resellers for any financial harm or any losses caused by Your objections to fees that do not comply with this Agreement. You will be held responsible for the reimbursement of any fees and losses incurred as a result of Your failure to comply with any provision in this Agreement. 4.4 Credit Card Billing Customer expressly agrees that if Customer pays by credit card, or demand debit, Customer shall abide by the following statement: “I hereby authorize the company or associated product owners or resellers to initiate debit/credit entries to my bank deposit account or credit card.” 5. OFFER, ACKNOWLEDGMENT AND ACCEPTANCE 5.1 Any prices, quotations and descriptions made or referred to on this Site are subject to availability, do not constitute an offer and may be withdrawn or revised at any time prior to our express acceptance of Your order (as described below). 5.2 While we make every effort to ensure that items appearing on the Site are available, we cannot guarantee that all items are in stock or immediately available when you submit your order. We may reject Your order (without liability) if We are unable to process or fulfill it. If this is the case, We will refund any prior payment that you have made for that item. 5.3 An order submitted by You constitutes an offer by You to Us to purchase the Internet Start Up Subscription on these Conditions. 5.4 At the time of such acceptance by us an automatic e-mail acknowledgement of Your order will be generated. 5.5 Our acceptance of Your order takes effect and the contract concluded at the point where such offer is expressly accepted by Us dispatching Your order and accepting Your credit card or other payment (“Acceptance”). 5.6 We may keep records of orders received, acknowledgements, acceptances and other contract records for a reasonable period after Acceptance. We may be able to provide You with copies on written request; however, You must make sure you print a copy of all such documents and these Conditions for your own records. 6. YOUR REPRESENTATIONS 6.1 You represent that the information provided by You when placing Your order is up-to-date, materially accurate, and is sufficient for Us to fulfill your order. You are responsible for maintaining and promptly updating Your account information with Us for accuracy and completeness and keeping such information (and any passwords given to You for the purposes of accessing the Site and/or purchasing Products) secure against unauthorized access. Unless agreed otherwise or required by applicable law, any warranties provided in relation to Your purchase only extend to You on the understanding that You are a user and not a reseller of the Product. 6.2 No warranty, commitment or any other obligation should ever be assumed by You on Our behalf or on behalf of a Product manufacturer, licensor or supplier without Our express prior written consent. 6.3 PRICE AND TERMS OF PAYMENT 6.4 Prices payable for the Product are those in effect at the time of dispatch or delivery, unless otherwise expressly agreed. Prices may be indicated on the Site or an order acknowledgement but the authoritative price in the event of any discrepancy, is the price that is notified to You on Our Acceptance. 6.5 We reserve the right to notify You of any mistakes in Product descriptions or errors in pricing prior to product dispatch. In such event if you choose to continue with fulfillment of the order, You acknowledge that the Product or Service will be provided in accordance with such revised description or corrected price. 6.6 The places that we deliver to are listed on the Site (“Territory”). Unless otherwise specified, prices quoted are: exclusive of the costs of shipping or carriage to the agreed place of delivery within the Territory (charges for which are stated on the Site); and exclusive of VAT and any other tax or duty which (where applicable) must be added to the price payable. 6.7 You agree to pay for taxes, shipping or carriage of Products as such costs are specified by Us on the Site when You submit Your purchase order. Payment shall be made prior to delivery and by such methods as are indicated on the Site (and not by any other means unless we have given our prior agreement). 6.8 Except as expressly provided elsewhere in these Conditions or the Site, payment may be taken in full notwithstanding any claim for short delivery or defects. 6.9 We will charge credit or debit cards on dispatch of the Product or commencement of Services. We reserve the right to verify credit or debit card payments prior to Acceptance. 6.10 Where the payment is invoiced, each invoice shall be due on and made in full within thirty (30) days of the date of relevant invoice. If at any time you fail to pay any amount due on the relevant due date, We may by notice declare all invoiced amounts unpaid at that date to be immediately due and payable. No counterclaim or set-off may be deducted from any payment due without our written consent. We may also take action against You for the price of Products at any time after payment has become due even though property in those Products may not yet have passed to you. 7. TERMINATION 7.1 If You commit an act of bankruptcy or enter into a deed of arrangement with creditors or a court order for winding-up is made against You or You take or suffer any similar action in consequence of debt or We have cause to believe that You are unable to pay Your debts as they fall due; or You fail to pay any amount by the due date or breach any of these Conditions then, without prejudice to any of our other rights, we may: 7.1.1 stop any Products in transit; and/or 7.1.2 suspend further Product deliveries; and/or 7.1.3 stop or suspend provision of Services; and/or 7.1.4 by written notice, terminate Your order and all or any other contracts between Us and You. 8. DELIVERY AND RISK 8.1 Delivery shall be to a valid address within the Territory submitted by You and subject to Acceptance (“Delivery Address”). You must check the Delivery Address on any acknowledgement or acceptance We provide and notify Us without delay of errors or omissions. We reserve the right to charge You for any extra costs arising from changes You make to the Delivery Address after You submit an order. 8.3 If You refuse or fail to take delivery of Products provided in accordance with these Conditions, any risk of loss or damage to the Products shall nonetheless pass and without prejudice to any other rights or remedies We have: 8.3.1 We shall be entitled to immediate payment in full for the Products or Services delivered and either to effect delivery by whatever means We consider appropriate or to store Products at Your risk; 8.3.2 You shall be liable pay on demand all costs of Product storage and any additional costs incurred as a result of such refusal or failure to take delivery; and 8.3.3 We shall be entitled 30 days after the agreed date for delivery to dispose of Products in such manner as We determine and may set off any proceeds of sale against any sums due from You. 8.4 Except to the extent required as a result of any mandatory rights You have as a consumer under applicable law, You shall not be entitled to reject the Products in whole or in part by reason of short delivery and shall pay in full notwithstanding short delivery or non-delivery unless You notify us in writing of any claim within 7-days of the latest of the date of receipt of the relevant invoice or delivery whereupon You shall pay for the quantity actually delivered. 8.5 Where We deliver Products by installments, each installment constitutes a separate contract and any defect in any one or more installments shall not entitle You to repudiate the contract as a whole nor to cancel any subsequent installment. 8.6 Save as otherwise provided in these Conditions, risk of loss of or damage to the Products passes to You on delivery or when placed in your possession or that of any carrier or transport provided by You, whichever shall occur first. 9. REJECTION, DAMAGE OR LOSS IN TRANSIT 9.1 Except as set out above and subject to any rights You have under applicable law that cannot be excluded or limited by these Conditions: 9.1.1 We shall not be liable and You shall not be entitled to reject Products or Services, except for: (a) damage to or loss of Products or any part thereof in transit (where the Products are carried by Our own transport or by a carrier on Our behalf) where notified to Us within 5 working days of receipt of the Products; (b) defects in Products (not being defects caused by any act, neglect or default on your part) notified in writing to Us within 30 days of receipt of the Products; and (c) defective performance of Services (not being defects caused by any act, neglect or default on Your part) where notified in writing to Us within 5 days of such defect becoming apparent. 9.1.2 We shall not be liable for any damage or losses arising from the use of the Products in connection with other defective or unsuitable Products; Your negligence; improper use or use in any manner inconsistent with the manufacturer’s specifications or instructions. 9.1.3 Where these is a shortage or failure to deliver, or any defect in or damage to a Product or Service, We may at our option: (a) (in the case of Product shortage or non-delivery) make good any such shortage or non-delivery; and/or (b) in the case of failure to perform or defective performance of a Service, make good such failure or defective performance; and/or (c) in the case of damage or any defect(s) in the Product and in accordance with any applicable Returns Policy: (i) replace or repair the Product upon You returning the Product; or (ii) refund the price paid in respect of any Products found to be damaged or defective. 10. LIABILITY LIMITATION 10.1 TO THE MAXIMUM EXTENT LEGALLY PERMITTED, WHETHER OR NOT WE WERE AWARE OR ADVISED OF THE POSSIBILITY OF DAMAGES, AND WHETHER OR NOT THE LIMITED REMEDIES PROVIDED HEREIN FAIL THEIR ESSENTIAL PURPOSE (1) OUR AGGREGATE LIABILITY (WHETHER FOR BREACH OF CONTRACT, TORT OR ANY OTHER LEGAL THEORY) SHALL IN NO CIRCUMSTANCES EXCEED THE COST OF THE PRODUCTS YOU ORDERED AND THAT ARE MOST CLOSELY RELATED TO YOUR DAMAGES AND (2) WE SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, OR COST OF COVER. 11. THIRD PARTY RIGHTS 11.1 You shall indemnify Us against any and all liabilities, claims and costs incurred by or made against Us as a direct or indirect result of us performing Services or carrying out any work on or to the Products where this has been done to Your (or Your representative’s) specific requirements or specifications causing an infringement or alleged infringement of any proprietary rights of any third party. 11.2 To the fullest extent permitted by law, we shall have no liability to You in the event the Products or Services infringing or being alleged to infringe the proprietary rights of any third party. In the event that the Products are or may be the subject of patent, copyright, database right, registered design, trade mark or other rights of any third party, You should refer to the relevant terms of the Product manufacturer and/or licensor/owner. We shall be obliged to transfer to You only such right or title as we have. 11.3 Third Party Offer Details: We have partnered with DreamPro Webhosting which gives you the ability to host your own online websites, instant domain name registration, online storage space, plus many more additional benefits. You also agree to the 14 day bonus trial to DreamPro Webhosting for $1.95. Should you fail to cancel your subscription within the 14-day trial, You will be billed $7.50 at the completion of the 14-day trial and each month thereafter. For questions or to cancel, please call our Customer Support team at 1-888-228-8815 M-F 9 AM-8 PM EST. Also by submitting an order, you may automatically receive a 14-day trial to the GrantLine Professional Membership Subscription. Your 10 day trial begins immediately upon completion of the order as everything is made available immediately digitally. Once the customer’s trial is active you have 10 days to decide whether to accept Your Subscription. Prior to the expiration of the 10-day trial period, You may cancel Your subscription by calling toll-free at 877-317-0193. Should You fail to cancel Your Subscription within the 10 day trial, You will be billed $39.95. Additionally, You will be billed $39.95 again 30 days from the beginning of your trial to renew Your monthly membership subscription and $39.95 every 30 days thereafter for Your monthly Subscription unless canceled by You. 1.2 You authorize Grant Line Pro to initiate debit/credit entries to your bank deposit account or credit card as indicated upon sign-up and enrollment. This authority is to remain in full force and effect until you cancel your subscription. 1.3 If Your payment is not submitted either by credit card or check within 30 days of the due date, Your GrantLine Professional Membership Subscription will be suspended. If You wish to cancel and not be billed, You must call toll-free at 877-317-0193 You expressly agree to the automatic monthly billing set forth herein. You expressly agree to honor all charges and fees due in association with this Subscription. 2. RETURNS AND CANCELLATION POLICY 2.1 You may cancel Your subscription at any time by calling Customer Care at 877-317-0193. 2.2 All Shipping and Handling Fees are non-refundable. 2.3 You explicitly agree to the following statement: “I UNDERSTAND THAT I MAY BE LIABLE FOR PAYMENT OF FUTURE GOODS AND SERVICES UNDER THE TERMS OF THIS AGREEMENT IF I FAIL TO NOTIFY THE SUPPLIER NOT TO SUPPLY THE GOODS OR SERVICES DESCRIBED.” Trial Periods and Cancellation Policies You will receive a 14-day trial upon completion of your order. You can cancel your subscriptions any time before your trial periods end you will not be charged. The following will be billed to your credit card if you do not cancel within the given free trial period: You will then be billed $34.95 monthly beginning 15 days after the sign up date for the program. You have the option to cancel this program at any time. To cancel your subscription for this product, you must phone our customer service department at 1 (866) 575-3991. 30 day money back guarantee on all products if not completely satisfied.

THE STORY DEPICTED ON THIS SITE AND THE PERSON DEPICTED IN THE STORY ARE NOT REAL. RATHER, THIS STORY IS BASED ON THE RESULTS THAT SOME PEOPLE WHO HAVE USED THESE PRODUCTS HAVE ACHIEVED. THE RESULTS PORTRAYED IN THE STORY AND IN THE COMMENTS ARE ILLUSTRATIVE, AND MAY NOT BE THE RESULTS THAT YOU ACHIEVE WITH THESE PRODUCTS. THIS PAGE RECEIVES COMPENSATION FOR CLICKS ON OR PURCHASE OF PRODUCTS FEATURED ON THIS SITE.

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