TERMS OF SERVICE
Power Sell Marketing Systems are designed and created as the sole property of Jmar Marketing Concepts.  Autoresponder Plus®, Pre-Paid Legal®, and other brand names, trade marks are the sole property of their respective owners and are not at all associated with Jmar Marketing Concepts.  All parts of this system are copyrighted and governed by United States as well as international copyright laws.  Copyright infringement by any means, i.e. electronic, mechanical or manual scripting shall be termed a violation of said copyright and is punishable to the fullest extent of the applicable laws.  

Power Sell Marketing system which includes its autoresponder (powered by Autoresponseplus) all sequential email letters in all categories are products provided by Jmar Marketing Concepts and may not be used for unlawful purposes. Any transmission or storage of information, data or material that violates any United States Federal, State or City law is strictly prohibited. This shall include, but not be limited to: any copyrighted material, any material legally judged to be threatening or obscene, or any material protected by trade secret or other statue. The user agrees to indemnify Jmar Marketing Concepts and hold them harmless from any claims resulting from the use of this service, which may result in damages to the user or to any other parties.

Pornographic, sexually explicit, and/or merchandising of a sex-related nature is strictly prohibited on any server owned or leased by Jmar Marketing Concepts. Jmar Marketing Concepts will be sole arbiter as to what shall constitute a violation of this provision.

Spamming, which is constituted by the sending of unsolicited email, using an email address or URL that is maintained on a machine owned or leased by Jmar Marketing Concepts, or directing traffic to a web page that contains any reference to Jmar Marketing Concepts is STRICTLY prohibited. We will be the sole arbiters as to what shall constitute a violation of this provision. The result of any of the above actions SHALL BE THE IMMEDIATE TERMINATION OF YOUR ACCOUNT WITHOUT REFUND OR RECOURSE. Any interruptions of service resulting from user spamming will be billed to the offending user at $8500 per hour until such time as service is restored. The user will also be in violation of this Service Agreement and subject to immediate legal action.

Telephone, fax or another form of payment other than the immediate online payment method is due before service can be activated. Payments for all services shall be required in US dollars and drawn on a US bank. The user is solely responsible for providing current and correct payment information. Jmar Marketing Concepts shall not be held liable should the user's payment information be incorrect or become out-of-date.

If payment is made by use of a credit card, user thereby authorizes Jmar Marketing Concepts to charge the credit card listed on the subscription form for any charges for services received from Jmar Marketing Concepts that may accrue from month to month, this shall include any past-due balances, in order to bring the account to current status. Credit card payments will be billed and charged automatically until such time as user notifies Jmar Marketing Concepts, in written format, to cancel such services. In such cases, Jmar Marketing Concepts may charge the total amount due to the provided card at any time. 

Accounts shall be considered in default if payment is not received within 10 days after invoice date. If the bank or Pay Pal, for any reason returns user's check or cannot obtain authorization for approved charges, the user shall be deemed to be in default, and will be held liable for a "returned check" charge of $25 and or be charged $25 for Pay Pal server fees. Any account, which remains unpaid 10 days after date of invoice, may have their service interrupted. Service interruption for the above reason shall not relieve the user from the obligation to pay the monthly charge. Only a request to terminate your service, received in written format, shall relieve user of the obligation to pay the monthly account charge. All accounts in default are subject to a late charge fee of $25 and an interest fee of 1.5% per month on the outstanding balance, or the maximum allowable if user's state law prohibits a 1.5% interest rate on late payments. In the even of user default, the user agrees to pay Jmar Marketing Concepts its reasonable expenses, which may include attorney and collection agency fees, incurred while enforcing its rights under these Terms and Conditions.

All mail, information and other files held under the account will be preserved for 10 days from the date the payment is due. If, after 10 days, the payment is not received, all such files, information and mail will be deleted. Should the user wish to use the service again, the user must re-apply as a new user.

The user agrees that the company has the right to delete all data, files or other information stored in the user's account should the user's account be terminated for any reason by either Jmar Marketing Concepts or the user.

System accounts are nontransferable and may not be used by anyone other than the user. Any Account that has been transferred to other parties, or shows other activity that violates this paragraph is subject to immediate cancellation.

Jmar Marketing Concepts reserves the right to suspend service to the user at any time, and for any reason, without notice. However, if such a suspension is to last beyond 20 days, the user shall be notified and provided with a reason.

Any services provided by Jmar Marketing Concepts may be cancelled in writing at any time with no penalty. Any Customer wishing to cancel an account MUST include the username and password for the account in the cancellation request. Only upon receipt of the written cancellation request and a written confirmation by Jmar Marketing Concepts will the cancellation take effect.

Jmar Marketing Concepts reserves the right to change the rates at anytime. They will, however, notify the user 5 days in advance, prior to the effective date of the change.

Jmar Marketing Concepts has no control whatsoever over the content of the information passing through its autoresponder systems. All leads (email addresses) generated by user are held strictly confidential. Such leads are never released to any other parties for any purpose. The lead information is only stored on our servers to deliver the follow up messages designated by the user.

Jmar Marketing Concepts prohibits any customer from transmitting on or through its services, any material that it considers, in its sole discretion, to be unlawful, obscene, threatening, abusive, libelous, or hateful, or that encourages conduct which would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or International law.

Jmar Marketing Concepts makes no warranties of any kind, whether expressed or implied, for the service it is providing. Jmar Marketing Concepts disclaims any warranty of merchantability or fitness for a particular purpose. Jmar Marketing Concepts shall not be held responsible for any damage suffered. This includes, but shall not be limited to, loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions caused by Jmar Marketing Concept's negligence or the user's errors or omissions. Use of any information obtained via Jmar Marketing Concept's  sites is used at your own risk. Jmar Marketing Concepts specifically denies any responsibility for the accuracy or quality of information obtained through its services.  


Jmar Marketing Concepts is aware that this service is used for business purposes to gain sales.  Jmar Marketing Concepts disclaims any and all liability, both tangible and intangible, loss or risk incurred as a consequence of the use and application, either directly or indirectly, of any advice, information or methods presented by company through any and all mediums - including, but not limited to, oral and written direction otherwise - is the sole responsibility of the business owner.   Jmar Marketing Concepts does not accept responsibility for the money spent or lost.  No guarantees are made as to the outcome or results of any product or service offered.  There are no refunds available, regardless of the outcome.

LIMITED LIABILITY. ANY LIABILITY OF THE COMPANY, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, SHALL BE STRICTLY LIMITED TO THE AMOUNT PAID BY OR ON BEHALF OF THE user TO THE COMPANY FOR THE CURRENT MONTH.

Should any provision of this agreement be held to be illegal, invalid, or unenforceable by a court law, the legality, validity and enforceability of the remaining provisions of this agreement shall remain unaffected thereby unless otherwise stated.

The laws of the State of Florida and the United States shall govern this agreement.

These Terms and Conditions supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted. Use of Jmar Marketing Concepts service constitutes acceptance of these Terms and Conditions.