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Free & Powerful Affiliate Agreement

THIS AGREEMENT (the "Agreement") is made as of the moment of completion of signup for the Free And PowerfulProgram, by and between, Free And Powerful (the "Company"), and the person signing up for the program (the "Affiliate," and collectively, the "Parties").
 
WHEREAS Affiliate wishes to include certain materials promoting Company, and to include a link to Company's website within those materials on Affiliate's website;

NOW THEREFORE, in consideration of the mutual promises, covenants, warranties, and other good and valuable consideration set forth herein, the Parties agree as follows:

1. Promotional Materials. Company shall make available to Affiliate certain banner advertisements, button links, text links, and/or other graphic or textual material for display and use on the Affiliate website (the "Promotional Materials"). Affiliate shall display the Promotional Materials on Affiliate's website prominently and as Affiliate sees fit, provided that the manner of display shall be subject to the terms and conditions of this Agreement. Affiliate shall also include a link from the Promotional Materials to Company's website, as specified by Company.

2. Use of Promotional Materials. The Affiliate's use and display of the Promotional Materials on the Affiliate's site shall conform to the following terms, conditions and specifications:

1. Affiliate may not use any graphic, textual or other materials to promote Company's website, products or services other than the Promotional Materials, unless Company agrees to such other materials in writing prior to their display.

2. Affiliate may only use the Promotional Materials for the purpose of promoting Company's website (and the products and services available thereon), and for linking to Company's website.

3. The Promotional Materials will be used to link only to Company's website, to the specific page and address as specified by Company.

4. Affiliate will not alter, add to, subtract from, or otherwise modify the Promotional Materials as they are prepared by Company. If Affiliate wishes to alter or otherwise modify the Promotional Materials, Affiliate must obtain prior written consent from Company for such alteration of modification.

3. License. Company hereby grants to Affiliate a nonexclusive, nontransferable license (the "License") to use the Promotional Materials as specified under the terms and conditions of this Agreement. The term of the License shall expire upon the expiration or termination of this Agreement.

4. Intellectual Property. Company retains all right, ownership, and interest in the Promotional Materials, and in any copyright, trademark, or other intellectual property in the Promotional Materials. Nothing in this Agreement shall be construed to grant Affiliate any rights, ownership or interest in the Promotional Materials, or in the underlying intellectual property, other than the rights to use the Promotional Materials granted under the License, as set forth in Section 3.

5. Relationship of Parties. This Agreement shall not be construed to create any employment relationship, agency relationship, or partnership between Company and Affiliate. Affiliate shall provide services for Company as an independent contractor. Affiliate shall have no authority to bind Company into any agreement, nor shall Affiliate be considered to be an agent of Company in any respect.

6. Commissions.

1. In exchange for Affiliate's display of the Promotional Materials, and for Affiliate's compliance with and performance of the terms and conditions of this Agreement, Company shall pay to Affiliate a commission (the "Commission") in the amount as stated by the company. The company has sole rights to change product pricing and commission percentage at anytime without notice to affiliates.

2. Company shall keep accurate and up-to-date records of the data used to determine the total amount of Commissions owed to Affiliate. Affiliate shall be given reasonable access to these records upon request. Any discrepancy between the amount of Commissions owed according to these records, and the actual amount of Commissions paid to Affiliate in any period or periods shall be rectified by Company within 45 days of discovering such discrepancy.

3. In the event that Affiliate materially breaches this Agreement and Company terminates this Agreement within 30 days of such breach, then any accrued and payable Commissions owing to Affiliate shall be forfeited, and Company shall not be obligated to pay such Commissions to Affiliate.

4. Affiliate's Representations and Warranties. Affiliate represents and warrants the following:

A. Affiliate has the legal authority to enter into this Agreement and to be bound to the promises, covenants, and other duties set forth in this Agreement.

B. Affiliate's website does not contain any materials that are:

1. Sexually explicit, obscene, or pornographic;

2. Offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability, or otherwise);

3. Graphically violent, including any violent video game images; or

4. Solicitous of any unlawful behavior

C. Affiliate has obtained any necessary clearances, licenses, or other permission for any intellectual property used on Affiliate's website. Nothing on Affiliate's website infringes upon the intellectual property rights of any person or entity. No person or entity has brought or threatened an action claiming such infringement, nor does Affiliate have any reason to believe that any person or entity will bring or threaten such a claim in the future.

D. Affiliate will not use the Promotional Materials in any manner other than those set forth in Section 2 above.

E. Affiliate will not make any claim to ownership of the Promotional Materials, or of the copyright, trademark, or other intellectual property therein.

F. Affiliate will not publish or otherwise distribute any advertising materials for Affiliate's website that reference Company or Company's website unless Company gives prior written consent to the distribution of such materials. Affiliate will not use Company's name (or any name that is confusingly similar to Company's name) for any purpose on its website, in its promotional materials, or in any other context except to promote Company's website as specified in this Agreement. Affiliate will not register any domain name that incorporates Company's name, or that is confusingly similar to Company's name.

G. Affiliate will not engage in the distribution of any unsolicited bulk emails (spam) in any way mentioning or referencing Company or Company's websites.

H. Indemnification. Affiliate shall indemnify Company and hold harmless Company from any claim, damage, lawsuit, action, complaint, or other costs arising out of any breach of Affiliate's warranties set forth in Section 7 above. Affiliate shall also indemnify and hold harmless Company for any damage, loss or other cost arising out of the use or misuse by Affiliate of the Promotional Materials.

I. Confidentiality. Any information that Affiliate is exposed to by virtue of its relationship with Company under this Agreement, which information is not available to the general public, shall be considered to be "Confidential Company Information." Affiliate may not disclose any Confidential Company Information to any person or entity, except where compelled by law, unless Affiliate obtains prior written consent for such disclosure from Company.

5. Term.

1. This Agreement shall take effect on date of signup and shall remain in full force and effect indefinitely, or until terminated pursuant to this Section 10.

2. Either Party shall have the right to terminate this Agreement at any time and for any cause and without notice.

6. Taxes. Company shall not be responsible for any taxes owed by Affiliate arising out of Affiliate's relationship with Company as set forth in this Agreement. Company shall not withhold any taxes from the Commissions paid to Affiliate.

7. Limitation of Liability. Company shall not be liable for any loss of profits or costs, or for any direct, indirect, special, incidental or consequential damages, including costs associated with the procurement of substitute goods or services (whether Company was or should have been aware or advised of the possibility of such damage), arising out of or associated with any loss, suspension or interruption of service, termination of this Agreement, use or misuse of the Promotional Materials, or other performance of services under this Agreement.

8. Governing Law. This Agreement shall be construed in accordance with, and governed in all respects by, the laws of the State of California, without regard to conflicts of law principles.

9. Counterparts. This Agreement may be executed in several counterparts, each of which shall constitute an original and all of which, when taken together, shall constitute one agreement.

10. Severability. If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.

11. Notice. Any notice required or otherwise given pursuant to this Agreement shall be in writing and mailed certified return receipt requested, postage prepaid, or delivered by overnight delivery service, addressed as follows:

Free And Powerful
      Mildred Dr.
      Box # 4942 
      Fremont, CA 94536

127. Headings. The headings for section herein are for convenience only and shall not affect the meaning of the provisions of this Agreement.

13. Entire Agreement. This Agreement constitutes the entire agreement between Company and Affiliate, and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement.

This Privacy Policy describes how we handle your personal information for our services on our www.freeandpowerful.com Web site (this "Site"). Our company, Free And Powerful, collects information from all end users of our services (the "Products" and/or "Services"), those who access some of our Services but do not have accounts ("Visitors"), as well as those who may purchase Products and/or Services ("Members"). We request that you read this Privacy Policy carefully.

Personal Information Our Company Collects and How It Is Used

Introduction: Our company collects information in different ways from Visitors and Members who access the various parts of our Services and the network of Web sites accessible through our Services.

Registration: Members may be asked to provide certain personal information when they sign up for our Products or Services, including name, address, telephone number, billing information (such as a credit card number), and the type of personal computer being used to access the Services. The personal information collected from Members during the registration process is used to manage each Member's account (such as for billing purposes). This information may be shared with third parties, as stated herein, or in special circumstances.

However, in instances where our company and a partner jointly promote our Services, we may provide the partner certain personal information, such as the name, address, and user name of persons who subscribe to the Services as a result of the joint promotion, for the purpose of offering you other products and services.

In this instance, personal information may not be used by the partner for any other purpose. We may also generate non-identifying and aggregate profiles from personal information Members provide during registration (such as the total number, but not the names, of Members). As explained in more detail below, we may use this aggregated and non-identifying information to sell advertisements that appear on the Services.

Also, with purchases, we supply our Member's contact information to our business partners, who then may contact the Member by telephone after the Member’s purchase. Sales proceeds are collected by the business partner’s company. We also may supply other companies with contact information, for mail offers we believe would be of interest to our Members, with or without compensation from those companies. At times, we may send an advertisement for a third-party product, where we collect the sales proceeds, and forward the purchaser's information to that third party.

Consent to Automated Phone Calls

WHEN JOINING THE FREE AND POWERFUL PROGRAM YOU ACCEPT THIS PRIVACY POLICY, YOU HEREBY CONSENT THAT WE MAY PLACE AUTOMATED AND LIVE PHONE CALLS TO THE NUMBER YOU PROVIDE.

Our Company Partners and Sponsors: Some products and services may be offered to Visitors and Members in conjunction with an affiliate, independent contractor, seller, or non-affiliated partner. To provide Visitors and Members some of these products and services, the partner may need to collect and maintain personal information.

Online Shopping: At some Web sites, you can purchase products and services or register to receive materials, such as a newsletter, catalog, or new product and service updates. In many cases, you may be asked to provide contact information, such as your name, address, e-mail address, phone number, and credit/debit card information.

If you complete an order for someone else, such as an online gift order sent directly to a recipient, you may be asked to provide information about the recipient, such as the recipient's name, address, and phone number. Our company has no control over the third party’s use of any personal information you provide when placing such an order. Please exercise care when doing so. If you order Services or Products directly from our company, we use the personal information you provide to process that order. We do share this information with outside parties that we do business with.

Online Advertisements: Our company may display our online advertisements. In those cases, we share information about our Visitors and Members collected through the registration process as well as through online surveys and promotions with these advertisers.

Additionally, in some instances, we use this information to deliver tailored advertisements or joint ventures. For instance, an advertiser or joint venture company tells us the audience it wants to reach and provides us an advertisement tailored to the audience. Based upon the information we have collected, we may then display or send the advertisement to the intended audience. Our company does share personal information about its Visitors or Members with these advertisers or joint venture companies.

Responses to E-mail Inquiries: When Visitors or Members send e-mail inquiries to our company, the return e-mail address is used to answer the e-mail inquiry we receive.

Voluntary Customer Surveys: We may periodically conduct both business and individual customer surveys. We encourage our customers to participate in these surveys because they provide us with important information that helps us to improve the types of Products and Services we offer and how we provide them to you.

We may take the information we receive from individuals responding to our customer surveys and combine (or aggregate) it with the responses of other customers we may have to create broader, generic responses to the survey questions (such as gender, age, residence, hobbies, education, employment, industry sector, or other demographic information). We then use the aggregated information to improve the quality of our Services to you, and to develop new services and products. This aggregated, non-personally identifying information may be shared with third parties.

Promotions: Our company may offer polls, contests, sweepstakes, drawings, games, content, or other promotions that are sponsored by or co-branded with third parties. You may be entered in a sweepstakes, contest, or other promotion simply by making a purchase from us or by providing us with personally identifiable information for some other reason or purpose. Due to these third-party relationships, the third parties may obtain personally identifiable information that Visitors voluntarily submit to our company. Our company has no control over third parties' use of this information.

Additionally, personally identifiable information may be collected when you order Products, enter contests, vote in polls or otherwise express an opinion, subscribe to one of our Services such as our online newsletters, or participate in one of our online forums or communities. The types of personally identifiable information that may be collected at these pages include, but may not be limited to, name, address, e-mail address, telephone number, fax number, credit card information, and information about your interests in and use of various Products, programs, and Services. Our sponsors or third parties may send you material that relates to our company's Services, Products, or activities.

Special Cases: It is our company's policy to use or share the personal information about Visitors or Members in ways described herein without additional notice or means to opt out or otherwise prohibit such unrelated uses.

Also, we may disclose personal information about Visitors or Members, or information regarding your use of the Services or Web sites accessible through our Services, for any reason if, in our sole discretion, we believe that it is reasonable to do so, including credit agencies, collection agencies, merchant database agencies, law enforcement, or to satisfy laws such as the Electronic Communications Privacy Act, the Child Online Privacy Act, regulations, or governmental or legal requests for such information; to disclose information that is necessary to identify, contact, or bring legal action against someone who may be violating our Acceptable Use Policy or Terms Of Service, or other user policies; to operate the Services properly; or to protect our company and our Members.

Notice of Compliance to California Residents.

This Privacy Policy identifies the categories of personally identifiable information that our company collects through our Web site or online service about individual consumers who use or visit our company's commercial Web site or online service and the categories of third-party persons or entities with whom our company may share that personally identifiable information.

Our company does not maintain a process for an individual consumer who uses or visits our commercial Web site or online service to review and request changes to any of his or her personally identifiable information that is collected through our Web site or online service.

See the section below entitled "Revisions To This Policy" for a description of the process by which our company notifies consumers who use or visit our commercial Web site or online service of material changes to our company's Privacy Policy for this Web site or online service.

The effective date of this Privacy Policy is listed at the end of this Privacy Policy under the heading "Last updated."

For the purposes of this policy and California compliance, the following definitions apply:

Depending on the Visitor's activity in our commercial Web site or online service, the following "personally identifiable information" may be collected in addition to information set forth in other sections of this document.

The term "personally identifiable information" means individually identifiable information about an individual consumer collected online by our company from an individual and maintained 
by our company in an accessible form, and may include any of the following:

(1) A first and last name. 
(2) A home or other physical address, including street name and name of a city or town. 
(3) An e-mail address. 
(4) A telephone number. 
(5) A Social Security number or EIN number (only shared with governmental agencies that require disclosure of this information. 
(6) Any other identifier that permits the physical or online contacting of a specific individual. 
(7) Information concerning a user that the Web site or online service collects online from the user and maintains in personally identifiable form in combination with an identifier described within this Privacy Policy.

"Cookies" and How Our Company Uses Them.  A "cookie" is a small data file that can be placed on your hard drive when you visit certain Web sites. Our company may use cookies to collect, store, and sometimes track information for purposes stated herein as well as for statistical purposes to improve the Products and Services we provide and to manage our telecommunications networks.

Advertisers and partners may also use their own cookies. We do not control use of these cookies and expressly disclaim responsibility for information collected through them.

Our Company Commitment to Children's Privacy: Protecting children's privacy is especially important to us. It is our policy to comply with the Children's Online Privacy Protection Act of 1998 and all other applicable laws. Therefore, we restrict our Web site to persons eighteen years or older.

YOU MUST BE EIGHTEEN (18) YEARS OR OLDER TO ACCESS THIS WEB SITE. IF YOU ARE UNDER EIGHTEEN (18) YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS THIS WEB SITE FOR ANY REASON. DUE TO THE AGE RESTRICTIONS FOR USE OF THIS WEB SITE, NO INFORMATION OBTAINED BY THIS WEB SITE FALLS WITHIN THE CHILDREN'S ONLINE PRIVACY PROTECTION ACT ("COPPA") AND IS NOT MONITORED AS DOING SO.

Public Forums: Please remember that any information you may disclose in any Member Directory, or other public areas of our Web sites or the Internet, becomes public information. You should exercise caution when deciding to disclose personal information in these public areas.

Our Company's Commitment to Data Security: Services and Web sites we sponsor have security measures in place to protect the loss, misuse, and alteration of the information under our control. While we make every effort to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party "hackers" from illegally obtaining this information.

Where to Direct Questions About Our Privacy Policy: If you have any questions about this Privacy Policy or the practices described herein, you may contact us through the contact information provided on this Web site.

Revisions to this Policy: Our company reserves the right to revise, amend, or modify this policy, our Terms Of Service agreement, and our other policies and agreements at any time and in any manner by updating this posting. Your use of this Site after such changes are implemented constitutes your acknowledgement and acceptance of these changes. Please consult this privacy statement prior to every use for any changes.

Last modified: February 20, 2010

EARNINGS AND INCOME DISCLAIMERS

ANY EARNINGS OR INCOME STATEMENTS, OR EARNINGS OR INCOME EXAMPLES, ARE ONLY EXAMPLES OF WHAT OTHERS HAVE EARNED. WE DO NOT GUARANTEE ANY LEVEL OF SUCCESS. WITH EVERY BUSINESS, THERE IS INHERENT RISK OF FAILURE.

WHERE SPECIFIC INCOME FIGURES ARE USED, AND ATTRIBUTED TO AN INDIVIDUAL OR BUSINESS, THOSE PERSONS OR BUSINESSES HAVE EARNED THAT AMOUNT. THERE IS NO ASSURANCE AS TO YOUR LEVEL OF SUCCESS OR FAILURE.

ANY AND ALL CLAIMS OR REPRESENTATIONS, AS TO INCOME EARNINGS ON THIS WEB SITE, ARE NOT TO BE CONSIDERED AS AVERAGE EARNINGS. TESTIMONIALS ARE NOT REPRESENTATIVE.

THERE CAN BE NO ASSURANCE THAT ANY PRIOR SUCCESSES OR PAST RESULTS AS TO INCOME EARNINGS CAN BE USED AS AN INDICATION OF YOUR FUTURE SUCCESS OR RESULTS.

MONETARY AND INCOME RESULTS ARE BASED ON MANY FACTORS. WE HAVE NO WAY OF KNOWING HOW WELL YOU WILL DO, AS WE DO NOT KNOW MANY IMPORTANT FACTORS, INCLUDING BUT NOT LIMITED TO KNOWLEDGE SURROUNDING YOU, YOUR WORK ETHIC, OR YOUR BUSINESS SKILLS OR PRACTICES. THEREFORE, WE DO NOT GUARANTEE OR IMPLY THAT YOU WILL WIN ANY INCENTIVES OR PRIZES THAT MAY BE OFFERED, GET RICH, THAT YOU WILL DO AS WELL, OR MAKE ANY MONEY AT ALL. THERE IS NO ASSURANCE YOU WILL DO AS WELL.

INTERNET BUSINESSES AND EARNINGS DERIVED THEREFROM HAVE UNKNOWN RISKS INVOLVED AND ARE NOT SUITABLE FOR EVERYONE. MAKING DECISIONS BASED ON ANY INFORMATION PRESENTED IN OUR PRODUCTS, SERVICES, OR WEB SITE SHOULD BE DONE ONLY WITH THE KNOWLEDGE THAT YOU COULD EXPERIENCE SIGNIFICANT LOSSES OR MAKE NO MONEY AT ALL. ONLY RISK CAPITAL SHOULD BE USED.

ALL PRODUCTS AND SERVICES BY OUR COMPANY ARE FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. USE CAUTION AND SEEK THE ADVICE OF QUALIFIED PROFESSIONALS. CHECK WITH YOUR ACCOUNTANT, LAWYER, OR PROFESSIONAL ADVISOR BEFORE ACTING ON THIS OR ANY INFORMATION.

USERS OF OUR PRODUCTS, SERVICES, AND WEB SITE ARE ADVISED TO DO THEIR OWN DUE DILIGENCE WHEN IT COMES TO MAKING BUSINESS DECISIONS AND ALL INFORMATION, PRODUCTS, AND SERVICES THAT HAVE BEEN PROVIDED SHOULD BE INDEPENDENTLY VERIFIED BY YOUR OWN QUALIFIED PROFESSIONALS. OUR INFORMATION, PRODUCTS, AND SERVICES ON THIS WEB SITE SHOULD BE CAREFULLY CONSIDERED AND EVALUATED BEFORE REACHING A BUSINESS DECISION ON WHETHER TO RELY ON THEM. ALL DISCLOSURES AND DISCLAIMERS MADE HEREIN OR ON OUR SITE APPLY EQUALLY TO ANY OFFERS, PRIZES, OR INCENTIVES THAT MAY BE MADE BY OUR COMPANY.

WHEN JOINING THE FREE AND POWERFUL PROGRAM YOU ACCEPT  ACCEPT TO THIS EARNINGS AND INCOME DISCLAIMER, YOU AGREE THAT OUR COMPANY IS NOT RESPONSIBLE FOR THE SUCCESS OR FAILURE OF YOUR BUSINESS DECISIONS RELATING TO ANY INFORMATION PRESENTED BY OUR COMPANY OR OUR COMPANY PRODUCTS OR SERVICES.

TESTIMONIALS AND PRODUCT REVIEWS

TESTIMONIALS EXAMPLES AND RESULTS ARE EXCEPTIONAL RESULTS AND DON’T APPLY TO THE AVERAGE PURCHASER. THEY ARE NOT INTENDED TO REPRESENT OR GUARANTEE THAT ANYONE WILL ACHIEVE THE SAME OR SIMILAR RESULTS.

Last Updated: February 20th, 2010

Terms and Conditions of Use and Service

THESE TERMS AND CONDITIONS OF USE AND SERVICE (“TERMS”) GOVERN YOUR USE OF THIS WEB SITE WWW.FREEANDPOWERFUL.COM AND OTHER WEB SITES (COLLECTIVELY, “SITE”) OWNED OR OPERATED BY FREE AND POWERFUL (“FREE AND POWERFUL” OR “WE”). THESE TERMS BECOME EFFECTIVE BETWEEN YOU AND Free And Powerful UPON INITIALLY CLICKING THE ACCEPT BUTTON WHEN YOU FIRST BECOME A CUSTOMER OR A MEMBER.  YOU AGREE THAT ANY FUTURE ACCESS TO THIS SITE INDICATES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS. THESE TERMS ARE SUBJECT TO CHANGE BY FREE AND POWERFUL AT ANY TIME IN ITS DISCRETION. YOUR USE OF THIS SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS OF USE PRIOR TO EVERY USE FOR ANY CHANGES.

Access To This Site

To access this Site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this Site that all the information you provide on this Site will be correct, current, and complete. If Free And Powerful believes the information you provide is not correct, current, or complete, or that you have breached these Terms, we have the right to refuse you access to this Site or any of its resources, and to terminate or suspend your access at any time, without notice.

Restrictions On Use

You may use this Site for purposes expressly permitted by this Site. You may not use this Site for any other purpose, including any commercial purpose, without Free And Powerful’s express prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand this Site, (ii) frame this Site, or (iii) hyper-link to this Site without the express prior written permission of an authorized representative of Free And Powerful. For purposes of these Terms of Use, "co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Site or content accessible within this Site. You agree to cooperate with Free And Powerful in causing any unauthorized co-branding, framing, or hyper-linking immediately to cease.

Proprietary Information

The material and content (hereinafter referred to as the “Content”) accessible from this Site, and any other World Wide Web Site owned, operated, licensed, or controlled by Free And Powerful, are the proprietary information of Free And Powerful or the party that provided the Content to Free And Powerful, and Free And Powerful or the party that provided the Content to Free And Powerful retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Free And Powerful, or, unless authorized in writing elsewhere on our Site, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates Free And Powerful’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this Site.

Hyper-Links

This Site may be hyper-linked to other Sites that are not maintained by, or related to, Free And Powerful.  Hyper-links to such Sites are provided as a service to users and are not sponsored by or affiliated with this Site or Free And Powerful.  Free And Powerful has not reviewed any or all of such Sites and is not responsible for the content of those Sites. Hyper-links are to be accessed at the user's own risk, and Free And Powerful makes no representations or warranties about the content, completeness, or accuracy of these hyper-links or the sites hyper-linked to this Site. Further, the inclusion of any hyper-link to a third-party Site does not necessarily imply endorsement by Free And Powerful of that Site.

Submissions

You hereby grant to Free And Powerful the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to Free And Powerful through this Site (together, hereinafter known as the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. Free And Powerful will not be required to treat any Submission as confidential, and may use any Submission in its business (including, without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Free And Powerful operations.

Free And Powerful will treat any personal information that you submit through this Site in accordance with its Privacy Policy as set forth on this Site.

BY CLICKING ACCEPT TO THESE TERMS, YOU AGREE TO THE THEN CURRENT COMPANY PRIVACY POLICY AND THE EARNINGS DISCLAIMER AS INTEGRATED HEREIN AND INCORPORATED BY REFERENCE TO THESE TERMS.  IF YOU DO NOT AGREE TO THESE TERMS, THE PRIVACY POLICY, OR THE EARNINGS DISCLAIMER, PLEASE DO NOT CLICK THE “ACCEPT” BUTTON AND CEASE USE OF THIS SITE AND OUR SERVICES.  NOTE THAT EACH OF THESE POLICIES MAY BE CHANGED FROM TIME TO TIME AT OUR COMPANY’S DISCRETION AND WITHOUT NOTICE, EXCEPT WITH A NEW LAST UPDATED DATE.

Consent to Automated Phone Calls

WHEN JOINING THE FREE AND POWERFUL PROGRAM YOU ACCEPT  ACCEPT BUTTON TO THESE TERMS, YOU HEREBY CONSENT THAT FREE AND POWERFUL MAY PLACE AUTOMATED AND LIVE PHONE CALLS TO THE NUMBER YOU PROVIDE.

Disclaimer

You understand that Free And Powerful cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this Site for the reconstruction of any lost data. Free And Powerful does not assume any responsibility or risk for your use of the Internet.

The Content is not necessarily complete and up to date and should not be used to replace any written reports, statements, or notices provided by Free And Powerful. Investors, borrowers, and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own professional judgment. Information obtained by using this Site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals.

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. FREE AND POWERFUL DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. Free And Powerful DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FREE AND POWERFUL DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND FREE AND POWERFUL MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT FREE AND POWERFUL, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. FREE AND POWERFUL MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

All of the information in this Site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this Site, and Free And Powerful does not undertake any obligation to update such information after it is posted or to remove such information from this Site if it is not, or is no longer, accurate or complete. You agree that Free And Powerful does not have any obligation to monitor or correct information that has been posted by other customers or third parties on this Site.

Limitation On Liability

FREE AND POWERFUL, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF FREE AND POWERFUL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF Free And Powerful AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO FREE AND POWERFUL FOR THE APPLICABLE CONTENT, PRODUCT, OR SERVICE OUT OF WHICH LIABILITY AROSE (“CUMULATIVE LIABILITY CAP”).

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSIONS OF DAMAGES, SO SUCH DISCLAIMERS OR EXCLUSIONS MAY NOT APPLY TO YOU.  NOTWITHSTANDING THE PRIOR SENTENCE, YOU AGREE THAT, IF FREE AND POWERFUL IS FOUND LIABLE, FREE AND POWERFUL'S CUMULATIVE LIABILITY WILL BE CAPPED AT THE CUMULATIVE LIABILITY CAP SET FORTH ABOVE.

Indemnity

You will indemnify and hold Free And Powerful, its subsidiaries, affiliates, licensors, Content providers, service providers, employees, agents, officers, directors, and contractors (hereinafter known as the “Indemnified Parties”) harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party due to or arising from any breach of these Terms by you (including any use of Content other than as expressly authorized in these Terms), or any violation of any law or the rights of any third party. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify and hold harmless the Indemnified Parties from and against any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this Site.

Notices

Legal notices shall be served on Free And Powerful’s national registered agent and to you via your e-mail address that you provide to Free And Powerful during the initial registration process.

Trademarks

Trademarks, service marks, and logos appearing in this Site are the property of Free And Powerful or the party that provided the trademarks, service marks, and logos to Free And Powerful. Free And Powerful and any party that provided trademarks, service marks, and logos to Free And Powerful retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this Site.

Information You Provide

You may not post, send, submit, publish, or transmit in connection with this Site any material that:

* you do not have the right to post, including proprietary material of any third party;

* advocates illegal activity or discusses an intent to commit an illegal act;

* is vulgar, obscene, pornographic, or indecent;

* does not pertain directly to this Site;

* threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening, or offensive;

* seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details, or otherwise;

* infringes any intellectual property or other right of any entity or person, including violating anyone's copyrights or trademarks or their rights of publicity;

* violates any law or may be considered to violate any law;

* impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;

* advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this Site;

* solicits funds, advertisers, or sponsors;

* includes programs that contain viruses, worms and/or Trojan horses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications;

* disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise acts in a way that affects the ability of other people to engage in real time activities via this Site;

* includes MP3 format files;

* amounts to a “pyramid” or similar scheme;

* disobeys any policy or regulations established from time to time regarding use of this Site or any networks connected to this Site; or

* contains hyper-links to other Sites that contain content that falls within the descriptions set forth above.

Although under no obligation to do so, Free And Powerful reserves the right to monitor use of this Site to determine compliance with these Terms of Use, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither Free And Powerful nor any third party that provides Content to Free And Powerful will assume or have any liability for any action or inaction by Free And Powerful or such third party with respect to any submission.

Security

Any passwords used for this Site are for individual use only. You will be responsible for the security of your password (if any). Free And Powerful will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Free And Powerful considers insecure, Free And Powerful will be entitled to require the password to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Free And Powerful reserves the right to release your details to system administrators at other Sites in order to assist them in resolving security incidents. Free And Powerful reserves the right to investigate suspected violations of these Terms of Use.

Free And Powerful reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Free And Powerful to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use.

BY ACCEPTING THESE TERMS YOU WAIVE AND HOLD HARMLESS FREE AND POWERFUL FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY FREE AND POWERFUL DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER FREE AND POWERFUL OR LAW ENFORCEMENT AUTHORITIES.

Refunds, Cancellations, and Billing Policy

Due to the unique nature of Free And Poweful's instant commission payment system and the electronic permission based service that we provide, we have a limited refund policy.  To insure that our members retain their earnings we only refund purchases that have been determined by credit and payment governing agencies as being made fraudulently by an unauthorized user.

Miscellaneous

These Terms of Use will be governed and interpreted pursuant to the laws of California, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in California in connection with any dispute between you and Free And Powerful arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter of these Terms of Use will be in the state and federal courts in Fremont, Alameda County, California. If any part of these Terms of Use is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this Site will govern the items to which they pertain. Free And Powerful may revise these Terms of Use at any time by updating this posting. This agreement sets forth the entire understanding and agreement between you and Free And Powerful with respect to the subject matter hereof. The following Sections shall survive termination of these Terms: proprietary information, submissions, disclaimer, limitation of liability, indemnity, notices, and this provision.

Last updated: February 20th, 2010.

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