|Terms Of Service|
The management of Inbox Train does not tolerate SPAM or UCE ( Unsolicited Commercial Email ) to any degree. All clients are required to read and abide by this policy. Ignorance, "not understanding" or "not knowing" our policies will not be accepted as an excuse for violation.
In accordance with the Terms and Conditions and Policies and Procedures contained in this Application and Agreement (hereafter "Agreement"), I hereby submit my application to become a Marketing Representative (hereafter "Rep") and Member of Inbox Train. (hereafter Inbox Train or Company) and I hereby acknowledge and agree to the following:
1. Legal Authority. I warrant that I am of legal, contracting age in the State / Country in which I reside, and have no restriction of any kind on my entering into this Agreement. This Agreement shall become effective on the date the enrollment form is electronically submitted by me and confirmed back to me via e-mail or fax as having been accepted by an authorized officer of Inbox Train.
2. Spamming. I understand and agree that I may not use or transmit unsolicited faxes, mass e-mail distribution, unsolicited e-mail, or any other broadcast or distribution of information that would constitute "spamming" (as that term is generally understood and specifically prohibited by applicable laws and regulations) relative to the promotion of the Inbox Train products and services. I also agree not to use any services provided by Inbox Train for the purposes of sending Unsolicited Email for any reason.
3. Approved Communications. For the purpose of this Agreement, the terms "unsolicited fax" and "unsolicited e-mail" mean the transmission via telephone facsimile or electronic mail, respectively, of any material or information, advertising or promoting my Inbox Train products and/or services which are transmitted to any person, except that these terms do not include a fax or e-mail: (a) to any person with that person's prior express invitation or permission; or (b) to any person with whom I have an established business or personal relationship. The term "established business or personal relationship" means a prior or existing relationship formed by a voluntary two way communication between myself and a person, on the basis of: (a) an inquiry, application, purchase or transaction by the person regarding products or services I offer; or (b) a personal or familial relationship, which relationship has not been previously terminated by either party.
4. Anti-Spamming Policies. I specifically agree to become knowledgeable about, and abide by the current anti-spampolicies of AOL (America On-Line), MSN, Yahoo!, and of those generally accepted on the Internet. I also agree to abide by the anti-spam policies set forth in the Inbox Train Anti-Spam Policy available at http://www.inboxtrain.com/antispam.php
5. Spam or Abuse Complaints. I agree that if a complaint or issue should arise or any other Internet Service Provider, individual, or e-mail company contacts the Company regarding a spamming complaint associated with me, my company or my affiliates, Inbox Train staff will be fully cooperating with these provider companies and will take the necessary steps to enforce compliance of all of their applicable anti-spamming policies and Terms Of Sale policies, which may include divulging all information regarding my participation in the Inbox Train Rep Program and the assessment of fines up to $500.00 against me for every verified e-mail complaint received. I acknowledge that any violation of these policies and/or other Terms of Sale by me will result in the immediate termination of my Inbox Train account status.
6. Policies and Procedures. Upon acceptance by Inbox Train of this Application and execution of this Agreement, I understand I will become an affiliate and member of Inbox Train and will be eligible to participate in the selling of the Inbox Train Marketing Package of products and services and to receive commissions in connection with such sales in accordance with the Inbox Train Policies and Procedures and Compensation Plan. I acknowledge that my strict and timely compliance with all Inbox Train Policies and Procedures, as these may be amended from time to time, is an absolute requirement of my continued participation in the Inbox Train Representative Program. I agree that any questions I may have regarding the Inbox Train Policies and Procedures will be directed, in writing, to the Company.
7. Independent Representative. I understand that as a Inbox Train Rep, I am an independent representative, not an agent, employee, partner or franchisee of Inbox Train. I further understand and agree that as a Rep I will not be treated as an employee for federal or state tax purposes, nor will I be treated as an employee for purposes of the Federal Unemployment Tax Act, Federal Insurance Contributions Act, the Social Security Act, State Unemployment Act or State Employment Security Act. I understand and agree that I am responsible for paying all local, state and federal taxes on any income generated from the sale of Inbox Train Marketing Package products or services. Any instance of my non-compliance with applicable self-employment, licensing or payroll tax requirements may be grounds for my immediate termination as a Inbox Train Rep. I acknowledge and agree that I shall have no right or authority to obligate or bind Inbox Train in any manner.
8. Updating of Account Information. I understand that it is my responsibility to insure that my account profile information, including my mailing address, e-mail address, and telephone number are current so I can receive important information from Inbox Train and my compensation checks on time.
9. Site Changes and Updates. I understand that Inbox Train Management has the right, in its sole discretion, to make any and all changes and updates to Representative Members Areas and Affiliate Websites without any prior notification to Inbox Train Representatives.
10. Commission Paid on Sales Only. I understand and agree that all of my compensation as a Inbox Train Rep will consist solely of commissions derived from actual sales of the Inbox Train Marketing Package of products and services. I acknowledge and agree that I will not be receiving any commissions for making introductions or recruiting new Representatives in conjunction with the Inbox Train business of Marketing Package. I understand that I will earn commissions based on the number of "paid" Inbox Train product purchases only. I understand that the commissions I receive for sales of the Inbox Train Marketing Package made by me or made by others in my organization will vary depending on factors including my own effort.
11. Rep and Member Status Required. I understand that I am required to become familiar with and actually use the products and services included in the Inbox Train Marketing Package as a condition of becoming a Inbox Train Member and Rep; and to qualify for payment of commissions.
12. Member Updates. I agree and understand that as a Member of Inbox Train, I will receive Member updates and announcements by e-mail and regular mail. I hereby confirm my request that until my status as a Inbox Train Member is terminated, I wish to receive all such information and I acknowledge that such information shall not constitute spamming or other unauthorized delivery of information by Inbox Train.
13. Minimum Sales Volume. I hereby agree to participate in and present to others the Inbox Train Compensation Plan, and related services fairly and completely. I acknowledge that to qualify for commissions in any month, a Inbox Train Rep needs no minimum monthly volume made by either made by me or by the other Reps in my sales organization.
14. Commissions Not Guaranteed. I acknowledge that no commissions or earnings are guaranteed from my participation in the Inbox Train Rep Program or Compensation Plan, regardless of what I have heard verbally from another Inbox Train Member or Inbox Train staff or in any ads Ive seen on or off the Internet including e-zine ads, classifieds, card decks, postcards, or any other marketing materials describing the Inbox Train business.
>15. Commission Checks. I acknowledge that that a $5.00 check processing fee will be deducted from each commission check I receive. I also acknowledge that I will not be paid unless I specifically request a commission payment through the client area of the Inbox Train website.
16. Personal Responsibility. I agree that I will not make any representations about the actual, potential or expected earnings of any Rep of Inbox Train. I further acknowledge that it is my responsibility to build my own sales organization. No matter what I may have been told by anyone inside or outside of the Inbox Train company, I acknowledge that it is my full responsibility to market and sell the Inbox Train products and services if I am to receive commissions and grow my Rep organization.
17. Errors on Commission Statements. I acknowledge and agree that if I believe that there has been an error in the computation or payment of my sales commissions, I must notify Inbox Train of such error within 30 days of the date I receive the statement on which the error appears. Inbox Train will not be responsible for any errors, omissions or problems not reported to the Company within 30 days of receipt. I understand that I will have the right to request copies of documents relating to my commissions no more frequently than once during each 12 month period and that all costs of review of such information shall be my sole responsibility. I understand that Inbox Train will pay me any proven commission deficiency within 30 days of my submission of written verification and a request for payment.
18. Single Participation. I understand that if I want more products and services than are included in the Inbox Train Marketing Package, I am free to purchase such products from any other company. However, I agree that I will only participate in one Inbox Train Rep program. I will not purchase more Inbox Train Marketing Packages than I actually need to service the needs of the customers of my Rep organization for the purpose of my personal financial interest or for commissions based on becoming a Inbox Train Rep or Member more than once.
19. No Promise of Earnings. I understand and agree that neither Inbox Train nor my personal Inbox Train sales representative or sponsor have made any claims of guaranteed earnings or representations of the anticipated earnings that might result from my efforts as a Rep. If they did, I agree that these statements are hereby expressly disclaimed by the Company and are declared to be false and void of any meaning or association with the Company. I understand that my success as a Inbox Train Rep will come from the sale of the Inbox Train Marketing Package and my development of a marketing organization.
20. Approved Statements. I agree that I will make no promises, warranties, statements, disclosures or representations in the offer or sale of Inbox Trains products and/or services or in the sponsoring of other prospective Inbox Train Reps other than those contained in current and approved versions of Inbox Train literature which is only available at approved Company websites.
21. Use of Materials. I hereby acknowledge that all information contained on the Inbox Train website is protected by copyright and may not be used or duplicated without prior written approval of Inbox Train. I further agree to refrain from producing, selling and/or using, for advertising, promoting or describing Inbox Trains products and services or Compensation Plan, or any written, recorded or other materials which have not been approved in writing or provided by Inbox Train. I expressly agree to abide by Inbox Trains No Spam Policy.
22. Change in Policies. I acknowledge and agree that Inbox Train, in order to maintain a viable Rep marketing system, may make modifications in its (i) Marketing Package products and services, (ii) marketing materials, (iii) Policies and Procedures, (iv) Compensation Plan, (v) website content, (v) product and service pricing and (vi) all other aspects of the Inbox Train Rep Program. I agree to be bound by any such changes with no recourse other than to terminate my Rep and Member status with the Company by written notice.
23. Right to Assign. I understand that I may sell or assign my Rep and Member position with the prior written consent of Inbox Train. As a condition of consideration for approval, my successor must provide all required legal documents of authority to Inbox Train, with signatures and verification that my successor agrees to be bound by the then current Policies and Procedures of the Inbox Train Rep Program and will sign the then-current Rep Agreement.
24. Confidentiality. I understand and agree that I am entirely responsible for maintaining the confidentiality of my Inbox Train Rep and/or Member password and account information. Furthermore, I acknowledge that I am entirely responsible for any and all activities which occur under my Rep account number. I also acknowledge and agree that all of the information I receive from Inbox Train regarding any aspect of the Rep Program which is not generally known to the public shall be deemed to be a proprietary, confidential, trade secret of Inbox Train and may not be used or disclosed by me for any purpose other than in conjunction with the operation of my Rep business.
25. Indemnification. I hereby agree to indemnify, defend, and hold harmless Inbox Train, its parent company, Rep's and subsidiary companies and their officers, directors, employees, consultants and sales agents from any and all third party claims, liability, damages and/or costs (including but not limited to attorney fees and court costs) arising from my use of the Inbox Train website, products and services, my breach of this Agreement, or my infringement or the infringement by any other user of my account of any intellectual property or other right of any person or entity. I agree to immediately notify Inbox Train of any unauthorized use of my password or account number or any other breach of security known to me.
26. Information Not Guaranteed. I understand that all information provided by Inbox Train in Rep Reports, including but not limited to accrued Rep Commission Fees, is believed to be accurate and reliable. Nonetheless, due to various factors, including the inherent possibility of human and mechanical error, denial of credit card charges and electronic check payments, and credit card and electronic charge-backs, I understand that such information is not guaranteed by Inbox Train or any persons creating or transmitting the information.
27. NO WARRANTIES ALL ACCRUED REP COMMISSION FEE INFORMATION IS PROVIDED "AS IS" WITHOUT WARRANTIES, EXPRESS OR IMPLIED, OR REPRESENTATIONS OF ANY KIND WHATSOEVER. IN PARTICULAR, BUT WITHOUT LIMITATION, THERE SHALL BE NO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW AND/OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION SHALL IN NO EVENT BE LIABLE TO ANY REP OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES THAT ARISE OUT OF THE USE OF OR ACCESS TO ACCRUED REP COMMISSION FEES INFORMATION (INCLUDING BUT NOT LIMITED TO LOST PROFITS, REP COMMISSION FEES, LOSS OF OPPORTUNITY, AND DAMAGES THAT MAY RESULT FROM INACCURACY, INCOMPLETENESS, INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE INFORMATION), EVEN IF Inbox Train OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, Inbox Train OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION SHALL HAVE NO RESPONSIBILITY OR LIABILITY TOANY REP OR ANYONE ELSE UNDER ANY TORT, CONTRACT, NEGLIGENCE,STRICT LIABILITY, PRODUCTS LIABILITY OR OTHER THEORY WITHRESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT.
28. Own Risk. I
acknowledge and agree that my access and use of the Inbox Train online
Rep Report or other online information made available by Inbox Train is
provided as an accommodation only; and my reliance upon such information is at
my own risk. Inbox Train makes no warranties as to the accuracy of such
information. I understand that all such information therein is provided to me
"as is." If I am dissatisfied with the accuracy or quality of any
such information, I understand that my sole and exclusive remedy is to
discontinue use of, access to, and reliance upon the online Rep Report and/or
the other online information available to me.
29. Downline Structure. I acknowledge and agree that with an automated sales system and commission program, it may be a special benefit to be able to place new Reps in my downline. In the unlikely event that a mistake is discovered in my Rep downline genealogy, Inbox Train will correct the Rep downline genealogy after conducting a commission analysis, but will not be expected to issue corrected commission checks. If I discover any inaccuracies in my downline structure, I will immediately bring them to the attention of Inbox Train.
30. 30 Day Review Period. I acknowledge that I have 30 days from my any purchase date to review the Inbox Train products and services and to request a full refund if I am not completely satisfied. After expiration of the 30 day review period, I acknowledge and agree to abide by Inbox Trains no refund policy. This means that I will not attempt to dispute or chargeback Inbox Train charges to my credit or debit card, or PayPal account. This 30 day review policy relates only to the first 30 days of service, no refunds will be issued outside of the intial 30 days of membership.
31. WebSite Service Terms and Conditions. As a part of this Agreement, I agree to fully comply with the following terms and conditions relating to my use of the Inbox Train Website service (the WebSite service):
a. I understand that the Inbox Train website service is provided to me on an as is, as available basis and that Inbox Train makes no warranties of any kind, either expressed or implied. I acknowledge that the WebSite service is being made available to me as an accommodation only and may be terminated by Inbox Train at any time.
b. I agree that under no circumstances shall Inbox Train, or anyone else involved in creating, producing or distributing the website service, be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the website service including, but not limited to, reliance on any information obtained through the service; or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to Inbox Train's records, programs or services.
c. In consideration of Inbox Train making the WebSite service available to me without charge, I hereby knowingly and expressly give up and waive any right I may have to take action against Inbox Train I may have as a result of my use or the use by my customers of the website service.
d. I acknowledge and agree that the WebSite service may only be used for lawful purposes. Transmission of any material in violation of any FTC, Internet, Local, State, Federal, U.S., Canadian or International Laws is Strictly Prohibited. This includes but is not limited to material legally judged to be threatening, obscene, or pornographic, or any material copyright protected or trade marked in any form.
e. I acknowledge and agree that all of the following actions are violations of the Inbox Train Policies and Procedures and will result in the immediate termination of my Inbox Train account without notice or recourse. I represent and warrant that none of the following actions will be taken by me during the course of my business: (a) sending unsolicited email messages that contain ANY web addresses from my account to online users; (b) posting messages that contain my Inbox Train Website in Usenet Newsgroups that are unrelated to my product or services; (c) forging my "From" Address in an email message, or newsgroup posting, with my website addresses or (d) any other act or action that gives the impression that the message or posting originated from the Inbox Train network
f. Either Inbox Train or I may terminate my WebSite Service account at any time by written notice. Inbox Train may terminate immediately any customer who misuses or fails to abide by this Agreement. I acknowledge and agree that Inbox Train may terminate my access to and use of the Website Service without notice upon my breach of this Agreement.
32. Internet Fees. I acknowledge that my purchase of the Inbox Train Marketing Package does not include custom script installation, creation of sub-domains or domain registration. I understand and agree that extra fees shall apply and will be paid by me for any products or services not included in the Marketing Package as indicated by Inbox Train.
33. Applicable Laws. I acknowledge and agree that the Inbox Train Rep and Member Program, the Policies and Procedures, the Compensation Plan, this Agreement and all other aspects of the Inbox Train program is designed to strictly comply with all applicable laws and regulations established by the FTC, SEC, IRS, Local, State, Federal, U.S. and International Regulatory Agencies. In the event I have any questions about any aspect of the Inbox Train Program, I agree to direct my questions via e-mail to the Inbox Train legal representative at who's contact information is available by request only.
34. Dispute Resolution. I agree that any dispute arising from this Agreement or my participation in the Inbox Train Rep Program will be resolved by the following procedure to be executed in the order stated: First: the parties will discuss the matter either in person or on a phone call after the party making the claim has provided the other party with a complete written summary of the claim with all relevant documents attached; Second, the parties will discuss the matter by either a conference call or an in-person mandatory non-binding mediation session with a trained mediator conducted in either Orlando, Florida and with the party making the claim responsible for the costs of the mediation and Third: the parties will submit the matter to binding arbitration conducted in Orlando, Florida in accordance with the laws of the State of Florida and with the prevailing party responsible for all attorneys fees and costs expended in such action.
35. Governing Law. This Agreement is governed by the laws in the State of Florida and the parties agree that any claim or dispute between the parties to this Agreement shall be resolved in Orange County, Florida in accordance with the procedure described in Section 34 above.
36. Right to Terminate. I understand that I may terminate my participation in the Inbox Train Rep Program by written notice to Inbox Train at any time. I acknowledge and agree that Inbox Train may immediately terminate any Rep or Member who violates the Inbox Train Policies and Procedures or violates this Agreement. Upon termination of my status as a Inbox Train Rep, I acknowledge and agree that my right to receive commissions on sales of the Inbox Train Marketing Package will end as of the date of my termination and I will only receive commissions for sales made prior to the date of my termination. Upon my termination as a Inbox Train Rep, I will immediately forfeit all right, interest and involvement in my downline organization or any sales made by the other Inbox Train Reps in my downline organization.
37. Prohibited Use. I agree that I will not to use any of the tools or services provided in my Inbox Train membership to promote, endorse, solicit, or track any business or entity related to adult products, adult entertainment, pornography, hate groups, terrorism, hacking tools, warez, cracks, pirated software, illegally copyrighted material, mod chips, essays, or password stealing mechanisms in any way. I further agree that I give Inbox Train permission to immediately terminate any account found to be in violation of this prohibited use statement.
38. ACKNOWLEDGEMENT. I ACKNOWLEDGE THAT I HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. I HAVE INDEPENDENTLY EVALUATED THE POTENTIAL SUCCESS AND DESIRABILITY OF MY PARTICIPATION IN THE Inbox Train REP PROGRAM AND MY ABILITY TO SELL THE Inbox Train.COM MARKETING PACKAGE. IN MAKING MY DECISION TO PARTICIPATE IN THE Inbox Train.COM REP PROGRAM, I AM NOT RELYING ON ANY PROMISE, REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.