Terms of Use

This site is owned and maintained by David R. Herz. He is presently conducting business by way of the sites http://sitesthatwin.com, http://www.theherzes.com, https://drherz.clickfunnels.com, and their various subdomains and pages (collectively this, the or our site). "We," "us," or "our" refers to Mr. Herz and any people he may employ to help him conduct business.

It should be self evident who "You" and "Your" refer to, but to make sure, this includes any viewer, visitor, member, subscriber, customer, vendor or affiliate or other person or entity that accesses or makes use of this site.

Your use of this site is subject to these terms of use and the following privacy policy. By staying on and this site (viewing, visiting, using or interacting with it or anything that appears on it), you agree that you are bound by them.

If you do not agree to these terms, you are invited to leave.

If you are under 18 years of age, this site is not for you. If you are covered by the child online privacy act (copa) of 1998, you do not have permission to use this site.

We may deny access to any person or viewer for any reason. Further, we are allowed to collect and store data and information for the purpose of exclusion and for any other use necessary to ensure appropriate delivery of our products or services.

The terms of use agreement may change from time to time. Visitors have an affirmative duty to stay informed of changes. In the event that you have opted into one of our mail lists, we will provide a courtesy e-mail should these Terms or the Privacy Policy change.

Use of Information from the Site

You have express permission to use for your marketing purposes any model language or marketing ideas we share with you. In the event any idea of mine goes viral, we'd appreciate your remembering where it came from.

The remainder of the site and its contents are owned or licensed by the us, and any such material must be presumed to be proprietary and copyrighted. This, you do not have the right to reproduce without express written permission from us to do so. This includes logos, graphics, text, databases, invisible pages, linked pages, underlying code, or other intellectual property the site may contain, for any reason for any use whatsoever. Unauthorized use may subject you to civil or criminal penalties. You agree to liquidated damages in the amount of u.s.$100,000 in addition to costs and actual damages for any breach of this provision.

Disclaimer for Contents of Site

The website disclaims any responsibility for the accuracy of the content of this website. You assume all risk of viewing, reading, using, or relying upon this information. Unless you have otherwise formed an express contract to the contrary with us, you have no right to rely on any information contained herein as accurate. We make no such warranty.

Disclaimer for Harm Caused to Your Computer or Software from Ininteracting with this Site or its Contents.

You assume all risk of viruses, worms, or other corrupting factors. We assume no responsibility for damage to your computers or software or any person you subsequently communicate with from corrupting code or data that is inadvertently passed to your computer. You view and interact with this site and anything on it at your own risk.

Disclaimer for Harm Caused by Downloads

You download information from this site at your own risk. We make no warranty that downloads are free of corrupting computer codes, including, but not limited to, viruses and worms.

Limitation of Liability

We provide information and advice targeted in a general way at the United States market. We are not your lawyers. We do not know the legal requirements of your specific jurisdiction. It is your responsibility to make sure that your activities comply with all relevant laws, rules and regulations. You hereby agree to hold us harmless from any damage that you may incur for failing to do your diligence.

Indemnification

You agree that in the event you causes damage, which the we are required to pay for, you will reimburse us.

Submissions

You agree that any communication between you and us is deemed a submission. You agree that any submissions grants in us a license to use that submission, or any part there of, without further permission, for commercial use without additional consideration of any kind. You agree to only communicate that information to the website, which you wish to forever allow the website to use in any manner as it sees fit.

Disputes

You agree that any dispute arising out of your use of our site or your relationship with us shall be resolved via binding arbitration.

Arbitration shall be conducted pursuant to the rules of the American Arbitration Association (AAA) which are in effect on the date a dispute is submitted to it. Information about the AAA, its rules, and its forms are available from the AAA at 335 Madison Avenue, Floor 10, New York, New York, 10017-4605. Hearing will take place in the city or county of the seller, or within a reasonable distance thereof.

In no case shall you have the right to go to court or have a jury trial. You will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator's decision will be final and binding with limited rights of appeal.

The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, travel expenses.

Jurisdiction and Venue

If any matter concerning this purchase shall be brought before a court of law, pre- or post-arbitration, you agree that the sole and proper jurisdiction to be the state and city declared in the contact information of the web owner unless otherwise here specified. In the event that litigation is in a federal court, the proper court shall be the closest federal court to the seller's address.

Applicable Law

You agree that the applicable law to be applied shall, in all cases, be that of the state of the seller.

Contact Information

The seller of this product is David R. Herz, with mailing address of 18 Hemlock Dr., Stamford, Connecticut. The contact email is [email protected]


PRIVACY POLICY

Welcome to http://sitesthatwin.com (the "Site"). We understand that privacy online is important to the users of our Site, especially when conducting business. This statement governs our privacy policies with respect to those users of the Site ("Visitors") who visit without transacting business and Visitors who register to transact business on the Site and make use of the various services offered by us (collectively, "Services") ("Authorized Customers").

Personally Identifiable Information

"Personally Identifiable Information" refers to any information that identifies or can be used to identify, contact, or locate the person to whom such information pertains, including, but not limited to, name, address, phone number, fax number, email address, financial profiles, social security number, and credit card information. Personally Identifiable Information does not include information that is collected anonymously (that is, without identification of the individual user) or demographic information not connected to an identified individual.

What Personally Identifiable Information is collected?

We may collect basic user profile information from all of our Visitors. We collect the following additional information from our Authorized Customers: the names, addresses, phone numbers and email addresses of Authorized Customers, the nature and size of the business, and the nature and size of the advertising inventory that the Authorized Customer intends to purchase or sell.

What organizations are collecting the information?

In addition to our direct collection of information, our third party service vendors (such as credit card companies, clearinghouses and banks) who may provide such services as credit, insurance, and escrow services may collect this information from our Visitors and Authorized Customers. We do not control how these third parties use such information, but we do ask them to disclose how they use personal information provided to them from Visitors and Authorized Customers. Some of these third parties may be intermediaries that act solely as links in the distribution chain, and do not store, retain, or use the information given to them.

How does the Site use Personally Identifiable Information?

We use Personally Identifiable Information to customize the Site, to make appropriate service offerings, and to fulfill buying and selling requests on the Site. We may email Visitors and Authorized Customers about research or purchase and selling opportunities on the Site or information related to the subject matter of the Site. We may also use Personally Identifiable Information to contact Visitors and Authorized Customers in response to specific inquiries, or to provide requested information.

With whom may the information may be shared?

Personally Identifiable Information about Authorized Customers may be shared with other Authorized Customers who wish to evaluate potential transactions with other Authorized Customers. We may share aggregated information about our Visitors, including the demographics of our Visitors and Authorized Customers, with our affiliated agencies and third party vendors. We also offer the opportunity to "opt out" of receiving information or being contacted by us or by any agency acting on our behalf.

How is Personally Identifiable Information stored?

Personally Identifiable Information collected by us is securely stored and is not accessible to third parties or our employees except for use as indicated above.

What choices are available to Visitors regarding collection, use and distribution of the information?

Visitors and Authorized Customers may opt out of receiving unsolicited information from or being contacted by us and/or our vendors and affiliated agencies by responding to emails as instructed, or by contacting us at [email protected]

Are Cookies Used on the Site?

Cookies are used for a variety of reasons. We use Cookies to obtain information about the preferences of our Visitors and the services they select. We also use Cookies for security purposes to protect our Authorized Customers. For example, if an Authorized Customer is logged on and the site is unused for a set period of time, we may automatically log the Authorized Customer off.

How do We use login information?

We use login information, including, but not limited to, IP addresses, ISPs, and browser types, to analyze trends, administer the Site, track a user's movement and use, and gather broad demographic information.

What partners or service providers have access to Personally Identifiable Information from Visitors and/or Authorized Customers on the Site?

We may enter into partnerships and other affiliations with a number of vendors. Such vendors may have access to certain Personally Identifiable Information on a need to know basis for evaluating Authorized Customers for service eligibility. Our privacy policy does not cover their collection or use of this information.

Disclosure of Personally Identifiable Information to comply with law

We will disclose Personally Identifiable Information in order to comply with a court order or subpoena or a request from a law enforcement agency to release information. We will also disclose Personally Identifiable Information when reasonably necessary to protect the safety of our Visitors and Authorized Customers.

How does the Site keep Personally Identifiable Information secure?

All of our employees are familiar with our security policy and practices. The Personally Identifiable Information of our Visitors and Authorized Customers is only accessible to a limited number of qualified employees who are given a password in order to gain access to the information. We audit our security systems and processes on a regular basis. Sensitive information, such as credit card numbers or social security numbers, is protected by encryption protocols, in place to protect information sent over the Internet. While we take commercially reasonable measures to maintain a secure site, electronic communications and databases are subject to errors, tampering and break-ins, and we cannot guarantee or warrant that such events will not take place and we will not be liable to Visitors or Authorized Customers for any such occurrences.

How can Visitors correct any inaccuracies in Personally Identifiable Information?

Visitors and Authorized Customers may contact us to update Personally Identifiable Information about them or to correct any inaccuracies by emailing us at [email protected]

Can a Visitor delete or deactivate Personally Identifiable Information collected by the Site?

We provide Visitors and Authorized Customers with a mechanism to delete/deactivate Personally Identifiable Information from the Site's database by contacting us. However, because of backups and records of deletions, it may be impossible to delete a Visitor's entry without retaining some residual information. An individual who requests to have Personally Identifiable Information deactivated will have this information functionally deleted, and we will not sell, transfer, or use Personally Identifiable Information relating to that individual in any way moving forward.

What happens if the Privacy Policy Changes?

We will let our Visitors and Authorized Customers know about changes to our privacy policy by posting such changes on the Site. However, if we are changing our privacy policy in a manner that might cause disclosure of Personally Identifiable Information that a Visitor or Authorized Customer has previously requested not be disclosed, we will contact such Visitor or Authorized Customer to allow such Visitor or Authorized Customer to prevent such disclosure.

Links:

http://sitesthatwin.com contains links to other web sites. Please note that when you click on one of these links, you are moving to another web site. We encourage you to read the privacy statements of these linked sites as their privacy policies may differ from ours.