Terms of Service
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY USING THIS WEBSITE, YOU AGREE TO THESE TERMS OF SERVICE.
These terms of service apply to ALL of Halfagain LLC’s products, tools and websites and may be changed in the future without notice. Halfagain LLC’s websites include:
www.storestacker.com
www.theblogsolution.com
www.thecontentsolution.com
www.thecontentclub.com
www.rssevolution.com
www.rssmagician.com
www.halfagain.com
www.videostacker.com
http://ad.aptation.com
Technical questions, general questions or comments concerning Halfagain LLC’s suite of products may be directed to support@halfagain.com.
Introduction. The Halfagain suite of tools and websites are maintained and operated by Halfagain LLC.
Refunds. If Halfagain’s software fails to work on your compatible system, your purchase is backed with a 100% money back guarantee. Refunds must be requested within 30 calendar days (NO EXCEPTIONS) of your purchase of the software. Before you ask for a refund, you must contact us directly at support@halfagain.com and we will attempt to remedy your issue. If you’re having trouble, chances are we’ve encountered the same problem in the past and will be able to successfully help you. Read full refund policy.
StoreStacker $1 Deal. Customers who take advantage of the StoreStacker $1 Deal (starting 11-09-2008) can choose to have their billing cancelled if requested within 2 weeks of placing their $1 order. If no cancellation request has been made, the balance of the purchase will be charged at the 2 week mark (balance as seen on http://storestacker.com/order.html). After the 2 week trial period, all sales are final.
StoreStacker Plugin Refunds. We do not offer refunds on StoreStacker plugins. Your plugin purchase also does NOT ensure your admission to the affiliate program. Consider joining the programs before purchasing your plugins.
Earnings and Usage Disclaimer. Halfagain LLC creates tools and software to help its clients generate revenue online. All earnings, deserved or undeserved, are the responsiblity of each client individually. We do not guarantee any level of income with the purchase of our products.
Any earnings and income statements (or examples of income) are only estimates of what you could earn. In addition, testimonials and case studies on our websites are not to be taken as representative of what you will earn. You could earn more, you could earn less, you could earn nothing. Such is life. By purchasing any of our products, you are assuming the burden of this risk.
By making your purchase, you agree that Halfagain LLC is not responsible for any successes or failures of your business, in relation to any information presented by us. These risks rest soley on your own shoulders and we encourage you to do due diligence before making and acting on any decision.
In addition, Halfagain is released from any liability that may result from your use or misuse of our products. We provide the tools and some simple instruction, it’s your responsibility to learn how to use them correctly. Some of Halfagain’s software works with outside affiliate programs. Halfagain does not accept any responsibility for the actions of outside affiliate programs such as eBay, Amazon, Clickbank, CommissionJunction and any others.
Support. Here is how you can contact us and what you should know before. We have tried to make everything possible to give you access to help and resources to get you started with our tools. Before you contact us, please make sure that your questions where not covered in the tutorial movies, not answered inside the knowledge base articles or discussed on our support forum. The support is available for the full version of the tools only. If you experience any installation related problem please read carefully installation instructions.
To address the support department you need to provide us with the following:
• Detailed information about your issue.
• Your order number
• The hostname of your installation
• Access to the admin area
• FTP access (usually necessary)
• MySQL access settings (somtime necessary)
Use this email for customer support questions: support [at] halfagain [dot] com
Submissions. Except as may be otherwise provided in a separate written agreement between you and Halfagain, you agree that any materials, including but not limited to questions, comments, suggestions, ideas, discoveries, plans, notes, drawings, original or creative materials or other information, provided by you in the form of email or submissions to Halfagain, or postings at this website, are non-confidential and shall become the sole property of Halfagain to the fullest extent permitted by applicable law. Halfagain shall own exclusive rights and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or additional compensation to you. In the event applicable law operates to prevent Halfagain from becoming the sole owner of any such property, then this provision shall be effective as granting to Halfagain (with unfettered rights of assignment) a perpetual, worldwide, paid-in-full, non-exclusive right (including any moral rights) and license to make, use, sell, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in any such material.
Copyright. Except as otherwise indicated, all website materials, including but not limited to design, text, graphics, other files, and the selection and arrangement thereof, are the copyright property of Halfagain, ALL RIGHTS RESERVED. You may electronically copy and print hard-copy excerpts of this website (and materials here) only for non-commercial personal use, or non-commercial use within the organization that employs you, provided that the materials are not modified and all copyright or proprietary notices are retained. Any other use of the materials in this website-including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance-without the prior written permission of Halfagainis strictly prohibited.
Forums, Interactive Areas, Postings and Feedback. This website may include discussion forums or other interactive areas, including chat rooms, bulletin boards or collaboration facilities. You agree not to upload to, distribute or otherwise publish through this website any content which is unlawful, libelous, defamatory, obscene, pornographic, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any party, or otherwise create liability or violate any law. Forums and interactive areas shall be used only for non-commercial purposes. On this site you shall not, without the express written approval of Halfagain, distribute or publish promotions, advertising or solicitations for funds, goods or services. You shall remain solely liable for the content of any messages or other information posted by you on this website, and Halfagain takes no responsibility and assumes no liability for the content of posted or uploaded material. Please contact Halfagain concerning any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter on this site. Halfagain reserves the right, in its sole discretion, to remove or edit any material posted by you that is determined to be harmful, offensive or otherwise inappropriate.
Copyright Infringement by Postings. By posting software or other content to this site, you warrant to us (and we rely on this warranty) that such items are known to you to be free shareware or otherwise in the public domain, and you agree to indemnify us against all claims, damages, or losses arising from an action alleging infringement of copyright or other proprietary rights in such work. We undertake no duty to determine the validity of any claim of copyright. Upon receiving written notice to support@halfagain.com that any item posted on this site is believed to infringe a copyright or other proprietary right, we will remove said work and will not permit its re-posting. We make no warranty as to the currency, operability, or fitness for any particular purpose of any shareware software posted to this site, and will assume no liability for any losses or damages alleged to arise from use of or reliance on such software. We undertake no duty to determine the currency, operability, or fitness for any particular purpose of any shareware software posted to this site.
Halfagain Software. Any Halfagain software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively “Software”), that may be made available on this website is licensed to you by Halfagain, and no ownership rights pass to you. You shall not copy, distribute, sell, modify, transfer, decompile, reverse engineer, disassemble or create derivative works from any Software.
Hyperlinks. Halfagain makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of websites accessible by hyperlink from this website, or websites linking to this website.
Trademarks. “Halfagain”, the Halfagain logo, “StoreStacker”, the StoreStacker logo, “the BlogSolution”, the Blogsolution logo, “the ContentSolution”, the Contentsolution logo, “RSSEvoluion”, the RSSEvolution logo, ”RSSMagician”, the RSSMagician logo, “the ContentClub”, the Contentclub logo and the products and services described in the Halfagain website are either trademarks, trade names or service marks of Halfagain and its licensors, or are the property of their respective owners. These marks may not be copied, imitated or used, in whole or in part, without the express prior written permission of Halfagain. In addition, page headers, custom graphics, button icons, and scripts may be service marks, trademarks, and/or trade dress of Halfagain, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Halfagain.
Commercial Use Not Permitted. No commercial use of the information on or under the Halfagain websites is licensed or permitted. The sale of websites created with Halfagain software is expressly prohibited without written consent from Halfagain. Sharing, reselling or renting of software licenses, either directly or indirectly is expressly prohibited. The use of Halfagain’s sites and software are restricted to the purchaser’s only.
Disclaimer. THIS WEBSITE AND THE MATERIALS UNDER THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. HALFAGAIN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. HALFAGAIN DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN IT’S WEBSITES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. HALFAGAIN DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Halfagain reserves the right to change any and all content contained on this website at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Halfagain.
Limitation of Liability. IN NO EVENT SHALL HALFAGAIN BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF ITS WEBSITES, TOOLS, SOFTWARE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH ANY OF ITS WEBSITES.
Applicable Law. The laws of the state of Oregon shall govern the construction and interpretation of the these Terms and Conditions and the rights of the parties hereunder. By accessing and/or placing orders under Halfagain’s websites, you acknowledge that you have read, understood and agreed to be bound by these Terms and Conditions and by all applicable laws and regulations. Visitors who do not agree with these Terms and Conditions should not access or place orders through Halfagain websites. Any controversy or claim arising out of or relating to your use of this website or any services provided hereunder shall be settled by binding arbitration to be held in the English language in Portland, Oregon. Any award rendered by the Arbitrator(s) may include costs against either Party, but under no circumstances are the Arbitrator(s) authorized or empowered to award special, punitive or multiple damages against either Party.
Privacy Policy. The privacy and confidentiality of our users and prospects is upheld with the highest consideration. We will never disclose of any personal or identifying information to any third party in any form. A client’s information is kept fully secured as to prevent any possibility of identity theft and the contact information is protected from any third parties seeking marketing information.
The only exceptions to the above statement are when action is necessary to: (1) conform to legal requirements or comply with the legal process, (2) protect and defend the rights or property of Halfagain LLC and its owners, (3) enforce our terms of use, or (4) act to protect the interests of our users or public welfare.
Termination. Notwithstanding any of these Terms and Conditions, Halfagain reserves the right, without notice and in its sole discretion, to terminate your license to use this website, and to block or prevent future access to and use of this website.
Severability. If any provision of these Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
Language. It is at the express consent of the parties that the present agreement be written in English. C’est à la demande expresse des parties que cette convention soit rédigée en anglais.
Changes to these Terms. Halfagain reserves the right to change, modify, or update these terms and conditions of use, at any time without notice. We indicate the date of the current version below, so you know when it was last updated.
April 3, 2008
