Our primary website is located at the address listed above. The Agreement is a legal document between you and the Company that describes the affiliate relationship we are entering into. This Agreement covers your responsibilities as an affiliate and our responsibilities to you.
Please ensure you read and understand the entirety of this document, as well as have a lawyer's assistance if you desire, because each of the terms of this Agreement are important to our working relationship.
1) DEFINITIONS
The parties referred to in this Agreement shall be defined as follows:
a) Company, Us, We: As we describe above, we'll be referred to as the Company. Us, we, our, ours and other first-person pronouns will also refer to the Company, as well as all employees or legal agents of the Company.
b) You, the Affiliate: You will be referred to as the "Affiliate." You'll also be referred to throughout this Agreement with second-person pronouns such as You, Your, or Yours.
c) Parties: Collectively, the parties to this Agreement (the Company and You) will be referred to as "Parties" or individually as "Party."
d) Affiliate Program: The program we have set up for our affiliates as described in this Agreement.
e) Affiliate Application: The fully completed form which must be provided to us for consideration of your inclusion in the Affiliate Program.
f) Website: The primary website we've noted above will be referred to as Website.
2) ASSENT & ACCEPTANCE
By submitting an application to our Affiliate Program, you warrant that you have read and reviewed this Agreement and that you agree to be bound by it. If you do not agree to be bound by this Agreement, please leave the website immediately and do not submit an application to our Affiliate Program. This Agreement specifically incorporates by reference any Terms of Conditions, Privacy Policies, End-User License Agreements, or other legal documents which we may have on our website.
3) AGE RESTRICTION
You must be at least 18 (eighteen) years of age to join our Affiliate Program or use this Website. By submitting an application to our Affiliate Program, you represent and warrant that you are at least 18 years of age and may legally agree to this Agreement. The Company assumes no responsibility or liability for any misrepresentation of your age.
4) PROGRAM SIGN-UP
In order to sign up for our Affiliate Program, you will first be asked to submit an Affiliate Application to join. The Affiliate Application may be found at the following website: https://affiliate-program.gistmine.com
Submitting an Affiliate Application does not guarantee inclusion in the Affiliate Program.
We evaluate each and every application and are the sole and exclusive decision-makers on Affiliate acceptance. If we choose not to allow your inclusion in the Affiliate Program, we will attempt to notify you in a reasonable manner. If you do not hear from us within a reasonable time frame, please consider your application rejected. We are not obligated to provide you any explanation for your rejection, but please be advised we may reject applicants for any reason or manner, including but not limited to a website or social media page which violates our Acceptable Use Policy.
If your Affiliate Application is rejected, you may not reapply. If your Affiliate Application is accepted, each of the terms and conditions in this Agreement applies to your participation. We may also ask for additional information to complete your Affiliate Application or for you to undertake additional steps to ensure eligibility in the Affiliate Program.
5) NON-EXCLUSIVITY
This Agreement does not create an exclusive relationship between you and us. You are free to work with similar affiliate program providers in any category. This agreement imposes no restrictions on us to work with any individual or company we may choose.
6) AFFILIATE PROGRAM
After your acceptance in the Affiliate Program, you must ensure your account is set up thoroughly, including specific payout information and location (such as a bank or online account which we may use to post payment).
Please be advised the below is a general description of the Affiliate Program. Everything contained in this subsection is subject to the specific terms and conditions throughout the rest of this Agreement.
We will provide you with a specific link or links which correspond to certain products we are offering for sale (collectively, the "Link"). The Link will be keyed to your identity and will send online users to the Company's website or websites. You hereby agree to fully cooperate with us regarding the Link and that you will explicitly comply with all of the terms of this Agreement for the promotion of the Link at all times. We may modify the specific link or links and will notify you if we do so. You agree to only use links which are prior approved by us and to display the Link prominently on your website or social media page, as described in your Affiliate Application (collectively, the "Affiliate Site").
Each time a user clicks through the Link posted on the Affiliate Site and we determine it is a Qualified Click, and they make a successful purchase as described below, you will be eligible to receive the following specific amount: 25% (twenty percent) on every sale (minus refunds and exclusive of any taxes).
7) SPECIFIC TERMS
APPLICABLE
We will determine whether payout is permissible in our sole and exclusive discretion. We reserve the right to reject clicks and/or sales that do not comply with the terms of this Agreement.
Processing and fulfillment of orders will be our responsibility. We will also provide real-time data regarding your account with us through the portal on which you log into the website dashboard.
As described above, in order to be eligible for payout, user clicks must be "Qualified Clicks." and successfully complete a purchase. Qualified Clicks:
a) Are clicks arriving to our website or websites through properly formatted links on the Affiliate Site;
b) Are clicks arriving to our website or websites through the Affiliate's specifically approved sites only (no other websites or social media pages);
c) Are clicks arriving to our website which relate to one specific user; and
d) Are not clicks sent by a bot or other automated web program.
8) PAYOUT INFORMATION
Payouts will only be available when the Company has your current address information as well as accounting and any relevant tax documentation. You may be asked to submit a tax reference. Accounting information may include the sort code (routing number) and account number of a bank where you wish to post a direct deposit or may include an email address for an online method of payment to service such as PayPal or Stripe.
Currently, the Company employs the following methods of payout:
PayPal
For any changes in your address or accounting information, you must notify us immediately and we will endeavor to make the changes to your payout information as soon as possible.
Payouts will be available the month or period after they accrue. For example, if payouts are made every 15 days, an entire 15 day period must finish for the payout of that period to be available in the following period.
We explicitly reserve the right to change payout information in our sole and exclusive discretion. If we do so, you will be notified.
Payouts are also subject to the following restriction:
a) Payouts are only available when a threshold of the following amount is met: £50 (fifty UK Pounds Sterling).
For any disputes as to payout, the Company must be notified within thirty (30) days of your receipt of the payout. We will review each dispute notification as well as the underlying payout transaction to which it is related. Disputes filed after thirty (30) days of payout will not be addressed.
9) REPORTS
You may log into your account with us to review reports related to your affiliation, such as payout reports and Qualified Click and/or Purchase information. Please be advised however, that not all listed qualifying clicks and/or purchases have been fully reviewed for accuracy in the reports viewable by you in real-time and therefore may be subject to change prior to payout.
10) TERM, TERMINATION &
SUSPENSION
The term of this Agreement will begin when we accept you into the Affiliate Program. It can be terminated by either Party at any time with or without cause.
You may only earn payouts as long as you are an Affiliate in good standing during the term. If you terminate this Agreement with us, you will qualify to receive payouts earned prior to the date of termination.
If you fail to follow the terms of this Agreement or any other legal terms we have posted anywhere on our website or websites, you forfeit all rights, including the right to any unclaimed payout.
We specifically reserve the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Company or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material.
At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
11) INTELLECTUAL PROPERTY
You agree that the intellectual property owned by the Company includes all copyrights, trademarks, trade secrets, patents, and other intellectual property belonging to the Company ("Company IP").
Subject to the limitations listed below, we hereby grant you a non-exclusive, non-transferable, revocable license to access our websites in conjunction with the Affiliate Program and use the Company IP solely and exclusively in conjunction with identifying our company and brand on the Affiliate Site to send customers to the Affiliate links we provide. You may not modify the Company IP in any way and you are only permitted to use the Company IP if you are an Affiliate in good standing with us.
We may revoke this license at any time and if we find that you are using the Company IP in any manner not contemplated by this Agreement, we reserve the right to terminate this Agreement.
Other than as provided herein, you are not permitted to use any of the Company IP or any confusingly similar variation of the Company IP without our express prior written permission. This includes a restriction on using the Company IP in any domain or website name, in any keywords or advertising, in any meta tags or code, or in any way that is likely to cause consumer confusion.
Please be advised that your unauthorised use of any Company IP shall constitute unlawful infringement and we reserve all of our rights, including the right to pursue an infringement suit against you in federal court. You may be obligated to pay monetary damages or legal fees and costs.
You hereby provide us a non-exclusive license to use your name, trademarks and service-marks if applicable and other business intellectual property to advertise our Affiliate Program.
12) MODIFICATION &
VARIATION
The Company may, from time to time and at any time, modify this Agreement. You agree that the Company has the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement. If we update or replace the terms of this Agreement, we will let you know via electronic means, which may include an email. If you don't agree to the update or replacement, you can choose to terminate this Agreement as described below.
a) To the extent any part or subpart of this Agreement is held ineffective or invalid by any court of law, you agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.
b) You agree to routinely monitor this Agreement and refer to the Effective Date posted at the top of this Agreement to note modifications or variations. You further agree to clear your cache when doing so to avoid accessing a prior version of this Agreement.
13) RELATIONSHIP OF THE
PARTIES
Nothing contained within this Agreement shall be construed to form any partnership, joint venture, agency, franchise, or employment relationship. You are an independent contractor of the Company and will remain so at all times.
MARKETING TOOLS
We may share promotion media such as banner, logo or specific collection promotion to you through Marketing tool provision. You can download the media or get the HTML embed code in order to share on affiliate channels.
15) ACCEPTABLE USE
You agree not to use the Affiliate Program or our Company for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Affiliate Program in any way that could damage our websites, products, services, or the general business of the Company.
a) You further agree not to use the Affiliate Program:
I) To harass, abuse, or threaten others or otherwise violate any person's legal rights;
II) To violate any intellectual property rights of the Company or any third party;
III) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
IV) To perpetrate any fraud;
V) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
VI) To publish or distribute any obscene or defamatory material;
VII) To publish or distribute any material that incites violence, hate, or discrimination towards any group;
To unlawfully gather information about others.
Additionally:
You are not permitted to conduct e-mail promotions in a 3rd party system. All e-mail contacts and lists must be your own e-mail or subscriber list. You cannot buy solo ads, use safe lists, use spam or anything of this nature.
You are not permitted to setup or conduct any form of Multi-level marketing i.e network marketing or pyramid selling with our affiliate program.
You must not run negative PPC or click-bait tactics or marketing campaigns such as Product name and Author name scam or any other method to attract controversial clicks that would portray Gistmine in a negative light or view by any such users. Affiliate found doing this will have their account terminated and Gistmine may seek further damages for damage to reputation. Also any commission payout due will be withheld.
You must not bid on keywords or phrase that include our trademarked brand name "Gistmine" or “The Home of Hashtags” or “The Home Of Social Search”, as to confuse an ordinary person as to who is the actual Gistmine brand.
You may use review sites, iFrames or forwarded/redirected or cloaked/masked domains as long as they do not contain offensive or negative domain URLs with words such as “scam, the truth, lies, exposed”, etc. However, be aware that forwarded/redirected or cloaked/masked may be frown upon by search engines under certain circumstances.
You cannot earn affiliate commission on your own purchase. Any such purchase will not be eligible for commission and where proved will have any commission payout withheld.
16) AFFILIATE OBLIGATIONS &
TRADING STANDARD COMPLIANCE
You are responsible for ensuring operation and maintenance of the Your Affiliate Site, including technical operations, written claims, links, and accuracy of materials. You must ensure, as noted above, that Your Affiliate Site does not infringe upon the intellectual property rights of any third party or otherwise violate any legal rights.
We may monitor your account, as well as clicks and/or purchases coming through your account. If we determine you are not in compliance with any of the terms of this Agreement, we have the right to immediately terminate your participation in the Affiliate Program.
We require all of our Affiliates to comply with all applicable statutes, regulations, and guidelines set by the national applicable law, through the Trading Standards, as well as and local governments as mandated. The Trading Standard requires that affiliate relationships, such as the relationship between you and the Company, be disclosed to consumers.
We recommend that you seek independent legal counsel to advise you of our obligations to disclose in this manner.
You are required to post a conspicuous notice on your website regarding the Affiliate Program. The notice does not have to contain the precise words as the example given below, but should be similar:
We engage in affiliate marketing whereby we receive funds through clicks or/and purchases to our affiliate program through this website or we receive funds through the sale of goods or services on or through this website. We may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation. This disclosure is intended to comply with the Trade Standard Rules on marketing and advertising, as well as any other legal requirements which may apply.
We also require you to comply with any and all applicable data privacy and security laws and regulations, including all of those which may impact your country of residence or your visitors. Such regulations include, but are not limited to, any applicable laws in the General Data Protection Regulation of the United Kingdom, European Union and United States of America (USA). We also require that you implement adequate organisational and technical measures to ensure an appropriate level of security for the data that you process.
Further, you hereby agree to comply with any requests which we may make to you regarding compliance with the General Data Protection Regulation or requests which you may receive from data subjects.
If we find you are not in compliance with any of the requirements of this sub-part, we may terminate our relationship with you at our sole and exclusive discretion.
17) REVERSE ENGINEERING &
SECURITY
You agree not to undertake any of the following actions:
a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on any of our websites, platforms or services;
b) Violate the security of any of our websites, platforms or services through any unauthorised access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
18) DATA LOSS
The Company does not accept responsibility for the security of your account or content. You agree that your participation in the Affiliate Program is at your own risk.
19) INDEMNIFICATION
You agree to defend and indemnify the Company and any of its agents (if applicable) and hold us harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to your use or misuse of the Affiliate Program, your breach of this Agreement, or your conduct or actions. You agree that the Company shall be able to select its own legal counsel and may participate in its own defense, if the Company wishes.
20) SPAM POLICY
You are strictly prohibited from using the Affiliate Program for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
21) ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the Parties with respect to the Affiliate Program. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral.
22) SERVICE INTERRUPTIONS
The Company may need to interrupt your access to the Affiliate Program to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access may be affected by unanticipated or unscheduled downtime, for any reason, but that the Company shall have no liability for any damage or loss caused as a result of such downtime.
23) NO WARRANTIES
You agree that your use of the Affiliate Program is at your sole and exclusive risk and that any services provided by us are on an "As Is" basis. The Company hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. The Company makes no warranties that the Affiliate Program will meet your needs or that it will be uninterrupted, error-free, or secure. The Company also makes no warranties as to the reliability or accuracy of any information. You agree that any damage that may occur to you, through your computer system, or as a result of loss of your data from your use of the Affiliate Program is your sole responsibility and that the Company is not liable for any such damage or loss.
24) LIMITATION ON LIABILITY
The Company is not liable for any damages that may occur to you as a result of your participation in the Affiliate Program, to the fullest extent permitted by law. The maximum liability of the Company arising from or relating to this Agreement is limited to fifty (£50) UK Pounds. This section applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
25) GENERAL PROVISIONS:
A) LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language.
B) JURISDICTION, VENUE & CHOICE OF LAW: Through your participation in the Affiliate Program, you agree that the law of England and Wales, United Kingdom shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between you and the Company, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the county courts in London, United Kingdom. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine.
C) ARBITRATION: In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the following county: Alabama. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing law as well as the law of England and Wales, United Kingdom. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Law of England and Wales, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by the Company will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.
D) ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by the Company, the rights and liabilities of the Company will bind and inure to any assignees, administrators, successors, and executors.
E) SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.
F) NO WAIVER: In the event that we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
G) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
H) FORCE MAJEURE: The Company is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
I) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including email or fax. For any questions or concerns, please email us at the following address: affiliates@gistmine.com.
EARNINGS DISCLAIMER
Effective February 09, 2022
*READ THE FOLLOWING
IN ITS ENTIRETY, BEFORE PURCHASING AND/OR USING ANY INFORMATION
CONTAINED ON OUR SITE.
1) Legal
Information
This "Site" is owned and operated
by Pixzzart Technologies Ltd (Trading as “GistMine”). Your
access and use of the Site is subject to the following terms and
conditions (the "Terms and Conditions") on this page, and
all applicable laws. By accessing and browsing the Site, you accept,
without limitation or qualification, the Terms and Conditions. If you
do not agree with any of the below Terms and Conditions, do not use
the Site and do not make any purchases from the Site. GistMine
reserves the right, in its sole discretion, to modify, alter or
otherwise update these Terms and Conditions at any time and by using
our Site, you agree to be bound by such modifications, alterations or
updates.
2) Copyrights and Trademarks
The documents
and information on the Site are copyrighted materials of Gistmine.
Copyright information contained within this domain(s) and
sub-domain(s) may not be reproduced, distributed or copied publicly
in any way, including Internet, e-mail, newsgroups, or reprinting.
Any violator will be subject to the maximum fine and penalty imposed
by law. Users of the Site are granted a license to use the
information contained herein for their own personal use only. No
claim of copyright is made on any 3rd party software, websites,
marks, images or text that may be referenced in our product(s). By
viewing and/or purchasing the materials on our website, you agree to
bound by these copyright terms.
3) Limitation of
Liability
Information and any software or coupons available
for download on this site is provided "AS IS WHERE IS",
without warranty of any kind, either expressed or implied, including,
but not limited to, the implied warranties of merchantability,
fitness for a particular purpose, or non-infringement. Our company's
entire liability, and any customer's exclusive remedy, shall be a
refund of the price paid.
Though we strive for accuracy,
information on the Site may contain inadvertent technical
inaccuracies, price, description or typographical errors. Information
may be changed or updated without notice. Gistmine may also make
improvements and/or changes in the products and/or the
programs/offers described in this information at any time without
notice.
GistMine makes no representations whatsoever about any
links to third-party sites which you may access through our Site,
services or product. These 3rd party sites are not created or
maintained by GistMine and are independent from GistMine. GistMine
has no control over the content or suitability of the content on
those sites. Additionally, GistMine does not endorse or accept any
responsibility for the content, or the use, of such sites. While we
may have no information about the presence of any dangers such as
viruses, worms, Trojan horses, and other items of a destructive
nature on 3rd party sites, you should take the necessary precautions
to protect yourself and your systems from such risk.
You
ackowledge and agree that, in no event will GistMine be liable to you
or any other third party for any direct, indirect, special or other
consequential damages for any use of this Site or our product(s),
including, without limitation, any lost profits, business
interruption, loss of programs or other data on your information
handling system or otherwise, even if we are expressly advised of the
possibility of such damages.
4) Earnings
EVERY
EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT THIS PRODUCT AND
SERVICES, AND THEIR POTENTIAL. THERE IS CAP ON HOW MANY PRODUCTS YOU
CAN REFER AND LIMIT ON COMMISSION EARNINGS FOR EACH COMPLETED
PURCHASE, THERE IS NO GUARANTEE THAT YOU WILL EARN ANY MONEY USING
THE MATERIAL AND TECHNIQUES PROVIDED TO YOU. ILLUSTRATIONS IN THESE
MATERIALS OR WEBSITE ARE NOT TO BE INTERPRETED AS A PROMISE OR
GUARANTEE OF EARNINGS. EARNING POTENTIAL IS ENTIRELY DEPENDENT ON THE
INDIVIDUAL USING OUR PRODUCT AND SERVICE, THEIR IDEAS, APPROACH AND
TECHNIQUES.
ANY CLAIMS MADE OF EARNINGS OR EXAMPLES OF
RESULTS FOR SIMILAR PRODUCT AND SERVICES OR BY ANOTHER USER ARE NOT
TYPICAL. YOUR LEVEL OF SUCCESS WILL DEPENDS ON THE EFFORT,
THIRD-PARTY INTEREST, IDEAS AND TECHNIQUES, KNOWLEDGE AND VARIOUS
SKILLS. SINCE THESE FACTORS DIFFER ACCORDING TO INDIVIDUALS, WE
CANNOT GUARANTEE YOUR SUCCESS OR INCOME LEVEL. NOR ARE WE RESPONSIBLE
FOR ANY OF YOUR ACTIONS.
MATERIALS ON OUR PRODUCT AND OUR
WEBSITE MAY CONTAIN INFORMATION THAT INCLUDES OR IS BASED UPON
FORWARD-LOOKING STATEMENTS OR PROJECTIONS. FORWARD-LOOKING STATEMENTS
GIVE OUR EXPECTATIONS OR FORECASTS OF FUTURE EVENTS. YOU CAN IDENTIFY
THESE STATEMENTS BY THE FACT THAT THEY DO NOT RELATE STRICTLY TO
HISTORICAL OR CURRENT FACTS. THEY USE WORDS SUCH AS "ANTICIPATE,"
"ESTIMATE," "EXPECT," "PROJECT,"
"INTEND," "PLAN," "BELIEVE," AND OTHER
WORDS AND TERMS OF SIMILAR MEANING IN CONNECTION WITH A DESCRIPTION
OF POTENTIAL EARNINGS OR FINANCIAL PERFORMANCE.
ANY AND ALL
FORWARD LOOKING STATEMENTS HERE OR ON ANY OF OUR SALES MATERIAL ARE
INTENDED TO EXPRESS OUR OPINION OF EARNINGS POTENTIAL. MANY OTHER
FACTORS WILL BE CONSIDERED IN DETERMINING YOUR ACTUAL RESULTS AND NO
GUARANTEES ARE MADE THAT YOU WILL ACHIEVE RESULTS SIMILAR TO OUR
ILLUSTRATION OR ANYBODY ELSES, IN FACT NO GUARANTEES ARE MADE THAT
YOU WILL ACHIEVE ANY RESULTS FROM OUR IDEAS AND TECHNIQUES IN OUR
MATERIAL OR THE WEBSITE.
As with any business, your results
may vary, and will be based on your background, dedication, desire
and motivation. We make no guarantees regarding the level of success
you may experience. Any testimonials and examples used are
exceptional results, which do not apply to the average buyer, and are
not intended to represent or guarantee that anyone will achieve the
same or similar results. You may also experience unforeseen risks
which can reduce results. We are not responsible for your
actions.
5) Jurisdiction and Choice of Law
GistMine
does not make any representation that materials or information on the
Site are appropriate or available for use in other locations. Those
who choose to access this Site from other locations do so on their
own initiative and are responsible for compliance with local laws, if
and to the extent local laws are applicable.
These Terms and
Conditions shall be governed by, construed and enforced in accordance
with the laws of England and Wales, United Kingdom as it is applied
to agreements entered into and to be performed entirely within the
United Kingdom. Any action you, any third party or GistMine brings to
enforce these Terms and Conditions or, in connection with, any
matters related to this site shall be brought only in either Courts
located in England and Wales, United Kingdom and you expressly
consent to this jurisdiction.
6) Other
If any
provision of this agreement shall be unlawful, void, or for any
reason unenforceable, then that provision shall be deemed severable
from this agreement and shall not affect the validity and
enforceability of any remaining provisions. This is the entire
agreement between the parties relating to the matters contained
herein.