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The following is the Terms of Use Agreement
between Dwayne D. Jakes & Associates Management Systems, LLC., (Company) and the buyer (Buyer) of goods or services through
the Company's Web site www.ddjakes.com If you do not agree to these terms, you will not be able to purchase
anything, so please review these terms carefully:
1. Acceptance. Buyer agrees
to the terms and conditions outlined in this Terms of Use Agreement with respect to the goods, services and information provided
by or through the site. This Terms of Use Agreement constitutes the entire and only agreement between Dwayne D. Jakes
& Associates Management Systems, LLC., and Buyer, and supersedes any and all prior or contemporaneous agreements, representations,
warranties, and understandings with respect to the goods, services, and information provided by or through www.ddjakes.com, and the subject matter of this Terms of Use Agreement. Buyer
agrees to review this Agreement prior to purchasing anything and purchase of a good or professional consulting service shall
be deemed acceptance of this agreement. This Agreement may be amended from time to time without specific notice to you. The
latest Agreement will be posted on the site www.ddjakes.com , and you should review this agreement prior to using the site www.ddjakes.com
2. Setup and Payment. Buyer
represents and warrants that (i) the credit card information supplied is true, correct and complete and (ii) charges incurred
by the Buyer will be honored by the Buyer's credit card company and (iii) Buyer shall pay charges incurred by Buyer at the
amounts in effect at the time incurred, including all applicable taxes.
3. Copyright. The content,
organization, gathering, compilation, magnetic translation, digital conversion and other matters related to www.ddjakes.com are protected under applicable copyrights, trademarks, and other
proprietary (including but not limited to intellectual property) rights, and, the copying, redistribution, use or publication
by a Buyer of any such content or any part of www.ddjakes.com is prohibited.
4. Editing, Deleting, and Modification.
Dwayne D. Jakes & Associates Management Systems, LLC., reserves the right in its sole discretion to edit or delete any
information or content appearing on www.ddjakes.com and to remove any goods and services for sale. Upon notice published
over the Service, Dwayne D. Jakes & Associates Management Systems, LLC., may modify this Agreement, or prices, and
may discontinue or revise any or all aspects of www.ddjakes.com in its sole discretion and without prior notice. Modification of
this Agreement will be deemed effective upon publication on www.ddjakes.com with respect to transaction occuring after said date.
5. Right to Refuse. Dwayne
D. Jakes & Associates Management Systems, LLC., www.ddjakes.com reserves the right in its sole discretion to refuse service at any time. Sale of any goods or professional services is subject
to availability.
6. Indemnification. Buyer
agrees to indemnify, defend and hold Dwayne D. Jakes & Associates Management Systems, LLC., www.ddjakes.com and its affiliates, licensors and suppliers harmless from any liability, loss, claim and expense, including reasonable
attorney's fees, related to a Buyer's violation of this Agreement or use of www.ddjakes.com.
7. Non-Transferable. Buyer's
right to use the professional services is not transferable and is subject to any limits established by Dwayne D. Jakes &
Associates Management Systems, LLC., www.ddjakes.com or by Buyer's credit card company.
8. Legal Disclaimer. THE
SERVICE, CONTENT, GOODS AND SERVICES FROM OR THROUGH THE SERVICE ARE PROVIDED "AS-IS," " AS AVAILABLE," AND ALL WARRANTIES,
EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE). THE SOLE AND ENTIRE MAXIMUM LIABILITY OF COMPANY, FOR ANY REASON, AND BUYER'S SOLE
AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE PARTICULAR ITEMS
PURCHASED. COMPANY AND ANY OF ITS AFFILIATES, DEALERS OR SUPPLIERS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON
BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN
BETWEEN COMPANY AND BUYER. THIS SITE AND GOODS AND SERVICES WOULD BE PROVIDED WITHOUT SUCH LIMITATIONS. SOME STATE STATUTES
MAY APPLY REGARDING LIMITATION OF LIABILITY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH
THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY
OR LIABILITY FOR ANY DAMAGE CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING THE FORM OR DOCUMENT ARE DISCLAIMED.
WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF
OR INABILITY TO USE OUR SITE. OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU
PAY FOR ANY GOODS, SERVICES OR INFORMATION.
9. Privacy Policy. Our Privacy
Policy, as it may change from time to time, is a part of this Agreement.
10. Use of Information.
Dwayne D. Jakes & Associates Management Systems, LLC., reserves the right, and buyer authorizes company, to use the assignment
of all information regarding Buyer's use of www.ddjakes.com and all information provided by Buyer, subject to applicable law.
All remarks, suggestions, ideas, graphics, or other information communicated by you to us through the site www.ddjakes.com (collectively, the submission") will ever be the property of Dwayne D. Jakes & Associates Management Systems, LLC.,
You acknowledge that you are responsible for whatever material you submit, and you, not Dwayne D. Jakes & Associates Management
Systems, LLC., have full responsibility for the message, including its legality, appropriateness, originality, and copyright.
Dwayne D. Jakes & Associates Management Systems, LLC., will not be required to treat any Submission as confidential, and
will not be liable for any ideas for its business (including without limitation, product, service or advertising ideas) and
will not incur any liability as a result of any similarities that may appear in future Dwayne D. Jakes & Associates Management
Systems, LLC., products, services or operations. Without limitation, Dwayne D. Jakes & Associates Management Systems,
LLC., will have exclusive ownership of all present and future existing rights to the submission of every kind and nature everywhere.
Dwayne D. Jakes & Associates Management Systems, LLC., will be entitled to use the Submission for any commercial or other
purpose whatsoever, without compensation to Buyer or any other person sending the submission.
11. Third-Party Services.
Dwayne D. Jakes & Associates Management Systems, LLC., may allow access to or advertise third-party product or service
providers ("Merchants") from which Buyer may purchase certain goods or services. Buyer understands that we do not operate
or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fullfillment,
billing and customer service. We are not a party to the transactions entered into between Buyer and Merchants. Buyer agree
that use of such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE
INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRIGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE
FOR ANY DAMAGES ARISING FROM THE TRANSACTION BETWEEN BUYER AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES
OR ANY OTHER SITE LINKED TO OUR SITE.
12. Third-Party Merchant Policies.
All rules, policies (including private policies) and operating procedures of Merchants will apply to Buyer while on such sites.
We are not responsible for information provided by Buyer to Merchants. Dwayne D. Jakes & Associates Management Systems,
LLC., www.ddjakes.com and the Merchants are independent contractors and neither party has authority to make any representations or commitments
on behalf of the other.
13. Securities Laws. This
Site www.ddjakes.com may include statements concerning our operations, prospects, strategies,
financial condition, future economic performance and demand for our professional products and services, as well as our intentions,
plans and objectives (particularly with respect to product or service offerings), that are forward-looking statements. These
statements are based on a number of assumptions and estimates which are subject to significant uncertainties, many of which
are beyond our control. When used on our Site www.ddjakes.com , words like "anticipates," "expects," "believes," "estimates," "seeks," "plans," "intends," "will" and similar expressions
are intended to identify forward looking statements. This Site www.ddjakes.com and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities.
None of the information contained herein is intended to be, and shall not be deemed to be, into any of our securities-related
filings or documents.
14. Links to other Web Sites. Dwayne
D. Jakes & Associates Management Systems, LLC., are not responsible for the content, accuracy or opinions express in such
Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of
any Web site on our Site www.ddjakes.com does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site www.ddjakes.com and access these third-party sites, you do so at your own risk.
15. Copyrights and Copyright Agents.
Dwayne D. Jakes & Associates Management Systems, LLC., respects the intellectual property of others, and we ask you to
do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide
our Copyright Agent the following information:
1. An electronic or physical signature
of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted
work that you claim has been infringed;
3. A description of where the
material that you claim is infringing is located on the Site;
4. Your address, telephone number,
and email adress;
5. A statement by you that you
have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement by you, made under
penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized
to act on the copyright owner's behalf. Our Copyright Agent for Notice of claims of copyright infringement can be reached
by directing an e-mail to the Copyright Agent at customerservice@ddjakes.com
16. Proposed Product and Service
Offerings. All descriptions of proposed products and services are based on assumptions subject to change and you should
not rely on the availability or functionality of products or services until they are actually offered through the Site
www.ddjakes.com . Dwayne D. Jakes & Associates Management Systems, LLC., reserves the right in its sole discretion to determine how registration
and other promotions will be awarded. This determination includes, without limitation, the scope, nature and timing of such
awards.
17. Information and Press Releases.
The Site www.ddjakes.com contains information and press releases about us. While this information
was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any
press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied
upon as being provided or endorsed by us.
18. Miscellaneous. This
Agreement shall be treated as though it was executed and performed in Columbus, GA, and shall be governed by and construed
in accordance with the laws of the United States of America and of the State of Georgia (without regard to conflict of
law principles). Any cause of action by Buyer with respect to the Site www.ddjakes.com must be instituted within (6) months after any purchase of goods or services or be forever waived and barred. All
actions shall be subject to the limitations set forth in Section 8 and Section 11. The language in this Agreement shall be
interpreted as to its fair meaning and not strictly for against either party. All legal proceedings arising out of or in connection
with this Agreement shall be brought solely in Columbus, GA. Buyer expressly submit to the exclusive jurisdiction of
said courts and consents to extra-territorial service of process. Should any part of this Agreement be held invalid or
unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full
force and effect.. To the extent that anything in or associated with the Site www.ddjakes.com is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce
any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
19. Service Marks.
Dwayne D. Jakes & Associates Management Systems, LLC, ddjakes.com, The People Commerce Development Systems, "C2B" Consulting
to Business E-Magazine and others are our service marks or registered service marks or trademarks. Other product and
company names mentioned on the Site www.ddjakes.com may be trademarks of their respective owners.
20. Limited License;
Permitted Uses. You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site www.ddjakes.com strictly in accordance with this Agreement; (b) to use the Site www.ddjakes.com solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Site www.ddjakes.com solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies
contained therein. No print out or electronic version of any part of the Site www.ddjakes.com or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
21. Restrictions
and Prohibitions on Use. Your license for access and use of the Site www.ddjakes.com and any information, materials or documents (collectively defined as “Content and Materials”) therein are
subject to the following restrictions and prohibitions on use: You may not (a) copy, print (except for the express limited
purpose permitted by Section 20 above), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise
make available in any form or by any means all or any portion of the Site www.ddjakes.com or any Content and Materials retrieved from it; (b) use the Site www.ddjakes.com or any materials obtained from the Site www.ddjakes.com to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar
resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including
through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (c) create compilations
or derivative works of any Content and Materials from the Site www.ddjakes.com ; (d) use any Content and Materials from the Site www.ddjakes.com in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of
us or any third parties; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained
in the Site www.ddjakes.com ; (f) make any portion of the Site www.ddjakes.com available through any timesharing system, service bureau, the Internet or any other technology now existing or
developed in the future; (g) remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring
or discovery software to determine the Site www.ddjakes.com architecture; (h) use any automatic or manual process to harvest information from the Site www.ddjakes.com; (i) use the Site www.ddjakes.com for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes
use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone
calls or facsimile transmissions; (j) use the Site www.ddjakes.com in a manner that violates any state or federal law regulating email, facsimile transmissions or telephone solicitations;
and (k) export or re-export the Site www.ddjakes.com or any portion thereof, or any software available on or through the Site www.ddjakes.com , in violation of the export control laws or regulations of the United States.
22. Forms, Agreements
& Documents. We may make available through the Site www.ddjakes.com or through other Web sites sample and actual forms, checklists, business documents and legal documents (collectively,
“Documents”). All Documents are provided on a non-exclusive license basis only for your personal one-time use
for non-commercial purposes, without any right to re-license, sublicense, distribute, assign or transfer such license. Documents
are provided for a charge and without any representations or warranties, express or implied, as to their suitability, legal
effect, completeness, currentness, accuracy, and/or appropriateness. THE DOCUMENTS ARE PROVIDED “AS IS”, “AS
AVAILABLE”, AND WITH “ALL FAULTS”, AND WE AND ANY PROVIDER OF THE DOCUMENTS DISCLAIM ANY WARRANTIES, INCLUDING
BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The Documents may be inappropriate
for your particular circumstances. Furthermore, state laws may require different or additional provisions to ensure the desired
result. You should consult with legal counsel to determine the appropriate legal or business documents necessary for your
particular transactions, as the Documents are only samples and may not be applicable to a particular situation. Some Documents
are public domain forms or available from public records.
23. No Legal Advice
or Attorney-Client Relationship. Information contained on or made available through the Site www.ddjakes.com is not intended to and does not constitute legal advice, recommendations, mediation or counseling under any circumstance
and no attorney-client relationship is formed. We do not warrant or guarantee the accurateness, completeness, adequacy or
currency of the information contained in or linked to the Site www.ddjakes.com . Your use of information on the Site www.ddjakes.com or materials linked to the Site www.ddjakes.com is entirely at your own risk. We are not a law firm and the Site www.ddjakes.com is not a lawyer referral service.
24. Linking to
the Site. You may provide links to the Site www.ddjakes.com , provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other
notices on the Site www.ddjakes.com , (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the Site
www.ddjakes.com immediately upon request by us.
25. Advertisers.
The Site www.ddjakes.com may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted
for inclusion on the Site www.ddjakes.com is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy
or problem in the advertiser’s or sponsor’s materials.
26. Registration.
Certain sections of, or offerings from, the Site www.ddjakes.com may require you to register. If registration is requested, you agree to provide us with accurate, complete registration
information. Your registration must be done using your real name and accurate information. Each registration is for your personal
use only. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single
name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.
27. Errors, Corrections
and Changes. We do not represent or warrant that the Site www.ddjakes.com will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent
or warrant that the information available on or through the Site www.ddjakes.com will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content
of the Site www.ddjakes.com at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content
appearing on the Site www.ddjakes.com .
28. Third Party
Content. Third party content may appear on the Site www.ddjakes.com or may be accessible via links from the Site www.ddjakes.com . We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood,
obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site
www.ddjakes.com . You understand that the information and opinions in the third party content represent solely the thoughts of the author
and is neither endorsed by nor does it necessarily reflect our belief.
29. Unlawful Activity.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate,
including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other
third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile,
email addresses, usage history, posted materials, IP addresses and traffic information.
30. Limitation
of Liability (a) Dwayne D. Jakes & Associates Management Systems, LLC., www.ddjakes.com and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting
in any way from (a) any errors in or omissions from the Site www.ddjakes.com or any services or products obtainable therefrom, (b) the unavailability or interruption of the Site www.ddjakes.com or any features thereof, (c) your use of the Site www.ddjakes.com , (d) the content contained on the Site www.ddjakes.com , or (e) any delay or failure in performance beyond the control of a Covered Party.
(b)THE AGGREGATE LIABILITY OF
US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION,
DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES
WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
31. Legal Compliance.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your
use of the Site www.ddjakes.com and the Content and Materials provided therein.
32. Refund and
Return Policy. To the extent that you purchase any goods or services directly from us, we will refund you your purchase
price within 30 days of you notifying us in writing of your desire for the refund, together with the reason for the request,
with the product or service returned to us in substantially the same condition as when purchased. Please note , however, that
certain products and services mentioned on our site www.ddjakes.com are sold by third parties or are linked to third party Web sites, and we have no responsibility or liability for those
products or services. You may request a refund by contacting us by email at customerservice@ddjakes.com. You may obtain any additional information concerning our refund and return
policy, including our mailing address, by contacting us at customerservice@ddjakes.com.
33. Arbitration.
Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action
taken by us relating to Site www.ddjakes.com operations and/or intellectual property, shall be settled solely by confidential binding arbitration in accordance
with the commercial arbitration rules of JAMS. Any such controversy or claim shall be arbitrated on an individual basis, and
shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted
in Columbus, Georgia. Each party shall bear its own attorneys' fees. Each party shall bear one-half of the arbitration
fees and costs incurred through JAMS.
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