These are the Official Terms of Service of D.K. Walker Enterprises, a New York
Limited Liability Company (the "Company", or "We"). This statement pertains to
all of the Company's products, brands and divisions, and any future division
or brand, unless a separate Terms of Service is published, on a specific web
site that we own or operate, that says something different than this one does.
Terms and Conditions
Please read and abide by the terms and conditions of D.K. Walker
Enterprises LLC. as set forth in this agreement. You must agree to these terms
and conditions prior to joining and using any site owned and operated by D.K.
Walker Enterprises LLC. including: TeamLOTDA.com, LeadersOfTheDigitalAge.com,
Fulltimer2Freetimer.com, UltimateHomeBizPlan.com, or any other site added to
the D.K. Walker Enterprises LLC. suite of services.
We adhere to the Children's Privacy Act. You must be 18 years of age to join
or use any of the D.K. Walker Enterprises LLC. Suite of sites. Our sites
follow the guidelines, policies and laws of the Federal Trade Commission (www.ftc.gov).
We retain the right to refuse anyone account in any of our sites.
The following terms and conditions govern your use of any website as directed
above owned and operated by D.K. Walker Enterprises LLC. a New York Limited
Liability Company. By registering as a client you agree to be bound by these
terms and conditions.
D.K. Walker Enterprises LLC. retains the right to amend, update, or change
these terms and conditions at anytime and you agree to be bound by future
changes until you cancel your account.
SPAMMING:
D.K. WALKER ENTERPRISES LLC. HAS AVERY STRICT NO SPAMMING POLICY AND WILL NOT
TOLERATE SPAMMING BY ANY CLIENT TO ANY PERSON FOR ANY REASON. D.K. WALKER
ENTERPRISES LLC. HAS THE RIGHT TO TAKE WHATEVER ACTION IS NECESSARY REGARDING
ANY CLIENT, CURRENT, FUTURE OR PAST WHO ATTEMPTS TO USE ANY SUBSIDIARY OF D.K.
WALKER ENTERPRISES LLC. IN ANY MESSAGE FOR ANY PURPOSE THAT CAN BE CONSIDERED
SPAM. THIS IS ACTUALLY A VERY SIMPLY POLICY: DO NOT SPAM! ANYONE CAUGHT
SPAMMING, CAN BE TERMINATED FROM D.K. WALKER ENTERPRISES LLC. AND CAN ALSO
FACE LEGAL LIABILITY FOR ANY DAMAGES EITHER DIRECT OR INDIRECT AS A RESULT OF
SPAM.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR
DATA THROUGH THE USE OF ANY SITE OWNED AND OPERATED BY D.K. WALKER ENTERPRISES
LLC. AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF SUCH MATERIAL OR DATA. D.K. WALKER ENTERPRISES LLC. IT'S
DIRECTORS, OWNERS, MANAGEMENT TEAM AND ANY OTHER PERSON OR PERSONS ASSOCIATED
WITH D.K. WALKER ENTERPRISES LLC. CAN NOT AND WILL NOT BE HELD LIABLE IN ANY
WAY OR MANNER FOR LOSSES WHETHER DIRECT OR INDIRECT AS A RESULT OF YOU USING
ANY OF OUR WEBSITE(S).
Limitation of Liability:
UNDER NO CIRCUMSTANCES SHALL D.K. WALKER ENTERPRISES LLC. OR ITS OWNERS,
PARTNERS, SITE DEVELOPERS, ETC BE LIABLE TO ANY CLIENT ON ACCOUNT OF THAT
CLIENT'S USE OR MISUSE OF OR RELIANCE ON THESE SERVICES. ARISING FROM ANY
CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HERE OF SUCH LIMITATION
OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS
BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN
IF D.K. WALKER ENTERPRISES LLC. OR ITS PARTNERS HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER
THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE D.K. WALKER
ENTERPRISES LLC. SERVICES, FROM INABILITY TO USE THE D.K. WALKER ENTERPRISES
LLC. SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE
D.K. WALKER ENTERPRISES LLC. SERVICES (INCLUDING SUCH DAMAGES INCURRED BY
THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES
INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED
ON THE D.K. WALKER ENTERPRISES LLC. SUITE OF SERVICES OR RECEIVED THROUGH ANY
LINKS PROVIDED IN THE D.K. WALKER ENTERPRISES LLC. SUITE OF SERVICES, AS WELL
AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON
ANY OF THE D.K. WALKER ENTERPRISES LLC. SUITE OF SERVICES OR RECEIVED THROUGH
ANY LINKS PROVIDED IN THE D.K. WALKER ENTERPRISES LLC. SUITE OF SERVICES. THIS
LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT
OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. IN ADDITION, ANY
SUITS OR LEGAL ACTION BROUGHT AGAINST D.K. WALKER ENTERPRISES LLC. IT'S
AGENTS, PARTNERS, SUBSIDIARIES OR ANY PERSONS ASSOCIATED WITH D.K. WALKER
ENTERPRISES LLC. MUST BE FILED AND PURSUED IN THE COUNTY OF QUEENS IN THE
STATE OF NEW YORK, USA.
D.K. Walker Enterprises LLC. does not warrant that the functions contained in
the materials will be uninterrupted or error-free, or that our web site or the
server that makes it available is free of viruses or other harmful components.
D.K. Walker Enterprises LLC. does not warrant or make any representations
regarding the use or the results of the use of the materials in our web site
in terms of their correctness, accuracy, reliability, or otherwise. You (and
not D.K. Walker Enterprises LLC.) assume the entire cost of all necessary
servicing repair or correction.
Notice of Disclaimer:
D.K. Walker Enterprises LLC. Provides no warranty expressed or implied
regarding any of the company's, products or services at any site owned and
operated by D.K. Walker Enterprises LLC. Every effort has been taken to ensure
the accuracy and reliability of our partners, products and services; however
you are using these services at your own discretion. We will not now or in the
future reimburse you for any reason for any money or time lost when using any
of the D.K. Walker Enterprises LLC. suite of service sites.
Copyright Information:
Unless otherwise noted in the site, no part of any site owned and operated by
D.K. Walker Enterprises LLC. may be copied or reproduced in any way without the
expressed written consent of D.K. Walker Enterprises LLC.
Without limiting the foregoing, under no circumstances shall D.K. Walker
Enterprises LLC. or its licensors 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, non-performance of third
parties, or loss of or fluctuations in heat, light, or air conditioning.
No Income Guarantee:
D.K. Walker Enterprises LLC. makes no claim regarding income guarantees or
results from using its services or any partner services either today or in the
future.
SITE ACCESS
We do our best to keep our web sites up and running 24/7. Even so,
sometimes gremlins, demons, bugs, and bad karma prevail and the site just goes
away. When that happens, it can take some time, sometimes a lot of time, to
figure out where it went and to negotiate the terms for it to come back home
where it belongs. During that time period you may not be able to access the
site. As far back as we can remember, our down time has been almost nill. We
reserve the right to prorate a refund to you, for subscription-based services
only, if we think that the down time is excessive. But we get to define the
term "excessive" and our definition may not agree with yours, but ours is the
only one that counts.
BAD THINGS THAT HAPPENS TO
YOU
We can't think of anything bad that could happen to you by using our sites
but, hey, lawyers are great at blaming other people for everything that
happens. So, just to set the record straight, if using one of our sites
directly, or indirectly, causes you to lose money, or your health, or your
life, or your reputation, or anticipated profits, or partial use of your left
eye, or anything else that even remotely translates into you wanting us to pay
you for bad things that happen to you, don't bother contacting us because you
agree that we aren't responsible. This includes the tax guys prying into your
tax affairs for how you use some info we sell you. Suppose that some Court or
arbitrator disagrees with all of this and says that we are responsible even
though we say we aren't. Well, in that case, you agree that our maximum
liability will be limited to the amount that you paid us for your product or
service and not one penny more! This means that we aren't going to pay for
your lawyer, or court costs either.
ERRORS OR
OMISSIONS
Sometimes a product or service may not be available at the time or the
price as it appears in an advertisement. In such event, or in the event a
product is listed at an incorrect price or with incorrect information due to
typographical error, technology effort, error in the date or length of
publication, or error in pricing or product information received from our
advertisers or suppliers, you agree that we are not responsible for such
errors or discrepancies and that we have no obligation to give you what the
error said we would or at the price that the error said we would, although we
can if we feel like it. Even though we may feel like giving it to one person,
that doesn't mean that we have to feel like giving it to everyone.
REFUND POLICY
All sales are final No Refunds Will Be
Provided it is the customers responsibility to perform due diligence in
the purchase of products and services. In the event of administrative error
suitable replacement products will be provided
COPY RIGHT NOTICE
Everything that appears on our web site is protected under International
Copyright Law, including content, services, software, graphics, as well as
anything transmitted through, or used with any of our sites. It's all owned by
us and you can't use it for anything, unless you ask us first and we respond,
in writing, and tell you that it's OK. This also
means that if you buy any product or service that tells you "How to," you
can't share that information with anyone else who hasn't already paid us for
that information themselves. This includes those ebooks you buy from us and
download to your computer. You can't print them out or burn them onto a CD to
give way or re-sell, and you can't forward a copy electronically either. If
you do, we'll definitely tell the Copyright Police and ask them to have a chat
with you.
MISCELLANEOUS
We reserve the right to change these Terms of Service at any time that we
want to. We don't have to seek you out and let you know that we made changes.
All we have to do is update these Terms of Service. Because we're really fair,
your use of this site prior to the time this Terms of Service was changed will
be governed according to the Terms of Service that applied at the time of your
use. This means that if we decide you can't do some particular thing anymore,
we won't yell at you for doing it before we changed the rules. But we will get
right in your face AFTER we change the rules, so
reread the rules now and then especially if you see a rather recent "Last
Updated" date at the top of the page.
We reserve the right to modify, suspend, discontinue or restrict the use of
any portion of any of our sites, or the entire site, or sites, any time that
we want to. If we decide to discontinue a subscription service then,
obviously, we'll stop billing you for the subscription. If we cancel a
subscription service completely, and it gets canceled before any you have
received a complete cycle of service that you've already paid you for, then we
will rebate the unused portion of the service to you. Now, this is assuming
that we canceled the service for some reason other than Bankruptcy. If we
cancel due to Bankruptcy, then some judge is going to decide who gets refunds
and how much they get. We've been profitable so far, and we're kind of
low-maintenance guys around here, so it isn't likely that we're going to file
Bankruptcy ever. But, you know, stuff happens so we wrote this part to cover
our selves
A FEW MORE THINGS
These Terms of Service will be governed by and construed in accordance with
the laws of the State of New York, without regard to its conflicts of law
provisions. You hereby agree that any cause of action you may have with
respect to D.K. Walker Enterprises LLC. must be filed in a federal or state
court located in Albany, New York, within two months of the time in which the
events giving rise to such claim began, or you agree to waive such claim. You
agree no such claim may be brought as a class action. If for any reason any
provision of this Agreement is found unenforceable, that provision shall be
enforced to the maximum extent permissible so as to affect the intent of the
parties as reflected in that provision, and the remainder of the Agreement
shall continue in full force and effect. Any failure of D.K. Walker
Enterprises LLC. to enforce or exercise any provision of this Agreement or
related right shall not constitute a waiver of that right or provision. The
section titles used in this Agreement are purely for convenience and carry
with them no legal or contractual effect. In the event of termination of this
Agreement for any reason, you agree the following provisions will survive: the
provisions regarding limitations on your use of Content, the license(s) you
have granted to D.K. Walker Enterprises LLC. and all other provisions for
which survival is equitable or appropriate.
In the case of a conflict between these terms and the terms of any
electronic or machine readable statement or policy (for example, a
P3P electronic privacy policy), these Terms of
Service shall control. Similarly, in case of a conflict between these terms
and our Privacy Statement, these Terms of Service control.
This document may include company or product names, or registered marks, which
are the property of their respective owners, and those owners are in no way
affiliated with D.K. Walker Enterprises LLC. or its brands or divisions.