Terms of Service

 
Of course we have to address the possible legal issues. Nobody wants to but here they are for both your protection and ours.

All parts or headings or sections of this document are bound by Section I.

Section I

This agreement is by and between Off The Shelf Industries Inc. - ProSales101 and/or their assigns and all subscribers. Unless the context requires otherwise Off The Shelf Industries Inc. - ProSales101 and/or their assigns shall be referred to as "OTSI, us, we, our or Company" and you shall be referred to as "you, your, subscriber, member, partner, vendor or affiliate."

You understand and agree that Off The Shelf Industries Inc. - ProSales101 and/or their assigns do not guarantee any type of profit or response from said services. Affiliate, member, vendor or subscriber agrees to hold Off The Shelf Industries Inc. - ProSales101 harmless from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, joint or several, of whatever kind or nature which Off The Shelf Industries Inc. - ProSales101 and/or their assigns may become subject arising out of or relating in any way to the use of the services provided under this agreement, including, without limitation, in each case attorney's fees, costs and expenses actually incurred in defending against or enforcing any such losses, claims, expenses, suits, damages or liabilities.

Income Taxes

Every year Off The Shelf Industries Inc. - ProSales101 will provide appropriate (i.e. IRS Form 1099 MISC Non-employee Compensation) earnings statements to each U.S. resident as required by the Internal Revenue Service. Each affiliate, member, vendor or subscriber is responsible for paying local, state, and federal taxes on any income generated as an Independent Contractor. If an Off The Shelf Industries Inc. - ProSales101 affiliate or subscriber member business is tax exempt, the Federal Tax Identification number must be provided to Off The Shelf Industries Inc. - ProSales101.

International affiliate, member, vendor or subscriber will be furnished with a simple Earnings Statement for their accounting purposes.

Independent Contractor Status

Affiliates, members, vendors or subscribers are independent contractors and are not “purchasers” of a “franchise” or a “business opportunity”.

The agreement between Off The Shelf Industries Inc. - ProSales101 and its affiliates, vendors, members or subscribers does not create an employer/employee relationship, agency, partnership, or joint venture between the Company and the affiliate, member, vendor or subscriber. Affiliates, members, vendors or subscribers shall not be treated as an employee for his or her services or for Federal or State tax purposes. All Affiliates, members, vendors or subscribers are responsible for paying local, state, and federal taxes due from all compensation earned as an Affiliate, member, vendor or subscriber of the Company. The Affiliate, member, vendor or subscriber has no authority (expressed or implied), to bind the Company to any obligation.

C. No Warranties.

WE MAKE NO WARRANTIES TO YOU OF ANY KIND, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICE Off The Shelf Industries Inc. - ProSales101 , ITS SUBCONTRACTORS AND AFFILIATES PROVIDE YOU. WE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OF THIS SERVICE FOR A PARTICULAR PURPOSE. We shall not be liable for any damages suffered by you, whether indirect, special, incidental, exemplary, or consequential, including, but not limited to, loss of data or service interruptions, regardless of cause or fault. We are not responsible for your lost profits or for your loss of data or information.

You should carefully read the following Terms of Service. Your purchase or use of our products or services implies that you have read and accepted these Terms of Service.

License

OTSI grants you non-exclusive limited license to use the Downloaded and other products sold through our web site (hereafter referred to as "product" or "products") in accordance with these Terms and Conditions .

Limited Use Granted

You may use each individual Downloaded EBook product on a single computer only, belonging to either you, your company or your client. You must purchase a second or 3rd product etc. in order to send to and open on other computers. The Soft Cover Books folow International copyright laws.

Modifications

You are NOT authorized to make any modification(s) to our products to fit your purposes. You are not permitted to remove any copyright notices.

Unauthorized Use

You may not place any of our products on a diskette, CD, website or any other medium and offer them for redistribution or resale of any kind without prior written consent from OTSI. Only eceptions are delineated under Affiliate Terms of Service.

Assignability

You may not sub-license, assign, or transfer this license to anyone else without prior written consent from OTSI.

Ownership

You may not claim intellectual or exclusive ownership to any of our products. All products are property of OTSI and Harry Frisch.

Return Policy

Customers may ask for a 100% refund (minus shipping fees) of their purchase price within 60 days of date of purchase. OTSI will evaluate the refund request and will grant it unless we believe the customer has violated these Terms of Service.

If you would like to request a refund, please submit a written request either by email to This e-mail address is being protected from spambots. You need JavaScript enabled to view it or by regular mail to 411 Cleveland St. Clearwater FL, 33755. You must include your invoice number, and method of payment (Paypal or credit card or check or money order.) Refunds can take as many as fifteen (15) days from the day we receive the request for the funds to be processed and returned to you.

In the case of a request for refund from the purchase of the Soft Cover Book - The product must be returned to OTSI in resaleable condition for a refund to be issued.

In the case of a refund request from the purchase of a Downloaded product - Customer must delete product from their computer.

It is the customer's responsibility to determine and understand the refund policy before making a purchase.

Affiliate Program Terms of Service

By signing up as an affiliate with Off The Shelf Industries Inc. - ProSales101 you agree to the terms listed in Section I above and you agree to the following Terms of Service.

A. Services to be Provided.

We agree to provide the following:

B. Termination.

We may terminate your account:

D. TERMS.

You agree:

Section II

If we learn of a violation or likely violation of our TERMS OF SERVICE, we will attempt to notify you. If you do not take immediate remedial action which is satisfactory to us, or in the event of a serious violation of the TERMS OF SERVICE, we reserve the right to terminate your account immediately. Every effort will be made to inform you prior to account termination, and to re-establish your account upon receiving such representations from you as we deem appropriate in the circumstances.

E. Assignment.

This agreement is personal to you. You may not assign your rights under this agreement without our prior written consent. If you do assign your rights, as would be the case were someone other than you to use your account, you shall remain liable to us for any fees due under this agreement.

F. Change of Terms and Conditions.

We reserve the right to change the terms and conditions of this agreement as needed. Continued account activity by you after said changes constitutes acceptance of those new terms and conditions. If you do not agree to the new terms and conditions, you may terminate this agreement in accordance with Section D (i).

G. Notification of Account Changes.

You agree to notify us if your address, email address, telephone number or any other necessary contact information changes.

H. Notices.

All notices, requests, demands, and other communications under this agreement shall be in writing and shall be deemed to have been given on the date of delivery:

if delivered personally to the party to whom notice is to be given
if sent by electronic mail with a "cc" to sender
if sent by fax
or on the third day after mailing by first class mail.

I. General Provisions.

The subject headings of the articles and sections are for convenience only, and shall not affect the construction or interpretation of any of its provisions.

If any portion of this agreement is found invalid or unenforceable, that portion shall be severed and the remainder of this agreement shall remain in force.

This agreement constitutes the entire agreement between us pertaining to its subject matter and supersedes all of our prior agreements, representations, and understandings.

No supplement, modification, or amendment of this agreement shall be binding unless executed in writing by both parties.

If an organization is the subscriber, the individual signing up for our services represents that he or she is duly authorized to enter into this agreement on behalf of that organization.

In the event of a dispute, the parties agree to submit the matter to the Community Dispute Resolution Service or any recognized Arbitration Board located within our state and county before instituting litigation.

Thank you,

Off The Shelf Industries Inc. - ProSales101