Terms and Conditions
1. Our Contact Information.
Yellowbird Publishing LLC
2657 Windmill Pkwy #662
Henderson, NV 89074
* "Yellowbird Publishing," "Website," or "Sites" refers to the websites maintained on the World Wide Web by Yellowbird Publishing, available at http://www.NicheFullControl.com, http://www.NicheProfitInnerCircle.com, http://www.NicheProfitClassroom.com,
* "Computer Based Training" or "CBT" means the subscription-based database of audiovisual works, software and services that is available through Yellowbird Publishing.
* "User" refers to any party who accesses the Sites/Products including the CBT or any party who accesses the Computer Based Training.
* "Agreement" refers to these terms and conditions of use and any subsequent modification.
3. Acceptance of Terms.
The User is solely responsible for providing the equipment related to Accessing the Sites/Products, including all computer, remote communications equipment, telephone, or other equipment.
4. Authorized Use.
Yellowbird Publishing hereby grants to you a non-exclusive license to use and Access the content and information available at the CBT according to the provisions contained herein and subject to the payment of the applicable subscription fees and adherence to the terms of this Agreement.
The rights granted under this Agreement are effective only upon completion of payment for the selected product as described below.
- Single Payment Plan is described as payment in full (one-off).
- Installment Payment Plan is described as three or more payments at a set amount to be paid within a fixed period of time and/or on a fixed schedule. Failure to complete all payments will result in forfeiture of all amounts paid unless member requests cancellation and/or refund per the conditions described below.
- Monthly Subscription Plan is described as automated billing at a fixed amount on the same numeric day of each month. For months that do not include the designated numeric day, billing will occur on the following day. Monthly Subscription Members will be paying for monthly membership usage with each payment. The subscription to the service for Monthly Subscribers will be automatically renewed upon expiration of the initial term until the membership is cancelled.
All cancellation and/or refund requests must be submitted to Yellowbird Publishing Support Department at this URL: https://yellowbird.freshdesk.com/support/home .
Refunds for Niche Profit Full Control must be requested within 30 days of the initial purchase date.*
See 30-day refund memberships (Special Promotions) below.
Cancellation/Refund of Niche Profit Classroom Monthly Subscription Plans must be submitted by 12:00 p.m. (noon) PT on the day prior to the next scheduled billing date. Cancellation requests received after that time will effect cancellation for the next succeeding month. In such cases, the subscriber shall be responsible for payment of the succeeding month. Monthly Subscribers have the right to receive a refund for their first monthly membership fee (beyond any trial period) if the refund request is submitted within 30 days of the first monthly membership fee.
Members who purchase Niche Profit Full Control through a special promotion (that is mentioned during the live webinar event) may cancel their subscription and/or take advantage of the 30-day refund policy if the following conditions are met and submitted as described below:
- Members must implement Modules 1, 3, and 4 of the NPFC training and submit proof (described below).
- Members must request cancellation/refund via the Yellowbird Publishing Support Department at https://yellowbird.freshdesk.com/support/home within 30 days of the initial purchase date.
Requests must also:
1. Include the name of the affiliate partner and the date of the event
2. Include a working link to their active blog with content on it
3. Include a working link to their opt-in page that has a lead offer attached to it (free report)
4. Include screenshots that demonstrate they are sending traffic (Google Analytics)
5. Attach email sequence to support ticket (doc or txt files)
Reactivation of canceled accounts is permitted if the request to reactivate is made within six (6) months of the purchase date and the request is submitted directly to the Yellowbird Publishing Support Department at this URL:
Payments cannot be transferred/credited from one Yellowbird Publishing purchase/account to another, even if the same product was purchased more than once. This applies to both active and inactive/canceled accounts.
By agreeing to these terms, the subscriber/member/customer understands that there are no exceptions to the Yellowbird Publishing payment, cancellation, refund, and reactivation policies.
Additionally the subscriber/member/customer waives the right to back-charge any and all legitimate fees/purchases pursuant to the policies/procedures outlined above.
6. Access to the CBT.
Yellowbird Publishing strives to provide the CBT to its Users on a continuous basis. To that end, Yellowbird Publishing will take all commercially reasonable efforts to provide uninterrupted Access to the CBT to its Users. However, from time to time, Users may be unable to Access the CBT due to conditions beyond Yellowbird Publishing’ control. Such conditions include, but are not limited to: Force Majeure or Acts of God, power outages, and the acts of computer hackers and others acting outside the law. Also, from time to time, Access may be unavailable due to software issues, programming errors, regular maintenance of the system, and other related reasons. In response to any unavailability of the CBT to its Users, Yellowbird Publishing will take all commercially reasonable steps to ensure Access is restored within a reasonable period of time. The term commercially reasonable shall be determined solely by Yellowbird Publishing.
Yellowbird Publishing endeavors to provide the highest quality content to its Users. To that end, Yellowbird Publishing reserves the right, in its sole discretion, to change, modify, or discontinue any aspect or feature of the Sites/Products and the CBT, including, without limitation, the content, availability, Access and/or the terms of the Sites/Products, in whole or in part, or to impose new conditions, including, without limitation, a modification of fees and charges for use at any time. Such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which notice may include posting such changes on the Sites.
7. Prohibited Conduct.
User expressly agrees to refrain from doing, either personally or through an agent, any of the following:
1. Transmit, install, upload or otherwise transfer any virus, advertisement, communication, or other item or process to the Sites/Products that in any way affects the use, enjoyment or service of the Sites/Products; adversely affects Yellowbird Publishing’ computers or databases;
2. Otherwise engage in any action which Yellowbird Publishing determines is detrimental to the use and enjoyment of the Sites/Products. This includes use of any type of negative or abusive language on any of the community or website pages or directed to any of the Yellowbird Publishing staff or moderators. Yellowbird Publishing also reserves the right to block customers from the forum who fail to adhere to these terms and the community/forum guidelines. These community guidelines are available to all members to view inside the Yellowbird Publishing membership Sites/Products "Community."
3. Capture, download, save, upload, otherwise retaining information and content available on the CBT other than what it expressly allowed by the terms of this Agreement;
4. Permit or provide others Access to the CBT using Your username or password or otherwise.
5. Copy, modify, reverse engineer, disassemble, redistribute, republish, alter, or adapt any of the software, information, text, graphics, source code or HTML code, or other content available within the Sites/Products;
6. Remove or modify any copyright, trademark, legal notices, or other proprietary notations from the content available within the Sites/Products;
7. Transfer the Sites/Products content to another person; "frame," "mirror," "in-line link," or employ similar navigational technology to the Sites/Products content; "deep link" to the Sites/Products content;
8. Violate Yellowbird Publishing security mechanisms, Access any data or server you are not authorized to access; or otherwise breach the security of the Sites or corrupt the Sites/Products in any way;
9. Engage in any other conduct which violates the Copyright Act or other laws of the United States.
10. Use any device or other means to harvest information about other Users.
Prohibited Conduct. Access of the materials available at the CBT beyond that of normal patterns of use that suggests systematic copying of the materials constitutes abuse of the CBT and will result in revocation or denial of Access to the CBT. The terms "normal patterns" and "abuse" shall be determined solely by Yellowbird Publishing.
Yellowbird Publishing warrants that the software that allows Users to Access the CBT ("Software"), if operated as directed, will substantially achieve the functionality described. Yellowbird Publishing does not warrant, however that Your use of the Software will be uninterrupted or that the operation of the Software will be error-free or secure.
Yellowbird Publishing also warrants that the media containing the Software, if provided by Yellowbird Publishing, is free from defects in material from the date You acquired the Software. Yellowbird Publishing’ sole liability for any breach of this warranty shall be, in its sole discretion: (i) to replace Your defective media or Software; or (ii) to advise You how to achieve substantially the same functionality with the Software as described; or (iii) if the above remedies are impracticable, to refund the subscription fee You paid for the Software. Only if You inform Yellowbird Publishing of Your problem with the Software within thirty (30) days of discovering the problem will Yellowbird Publishing be obligated to honor this warranty. Yellowbird Publishing will use commercially reasonable efforts to repair, replace, advise, or refund pursuant to the foregoing warranty within thirty (30) days of being so notified. If any modifications are made to the Software by You during the warranty period; if the medium is subjected to accident, abuse, or improper use; or if You violate the terms of this Agreement, then this warranty shall immediately terminate. This warranty shall not apply if the Software is used on or in conjunction with hardware or software other than the unmodified version of hardware and software with which the Software was designed to be used as described.
Although Yellowbird Publishing has attempted to provide accurate information within the Sites/Products, it makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein.
9. Disclaimer and Limitation of Liability.
USER ACCESSES THE SITES/PRODUCTS AT HIS OR HER OWN RISK. THE SITES/PRODUCTS ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS ARE SPECIFICALLY DISCLAIMED. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL Yellowbird Publishing OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, THIRD PARTY CONTENT PROVIDERS OR ASSIGNS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. YOUR USE OF THE SITES/PRODUCTS IS AT YOUR SOLE RISK AND ANY CONTENT THAT YOU DOWNLOAD IS DOWNLOADED AT YOUR OWN DISCRETION AND RISK AN YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM IN EXCESS OF THE AMOUNT Yellowbird Publishing RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE, AND FOR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES. IN NO EVENT WILL Yellowbird Publishing BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT Yellowbird Publishing RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE, EVEN IF Yellowbird Publishing SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN NO EVENT WILL WARRANTIES PROVIDED BY LAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF Yellowbird Publishing, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. Yellowbird Publishing IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THE SITES/PRODUCTS.
NO DEALER, AGENT, OR EMPLOYEE OF Yellowbird Publishing IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSION, OR ADDITIONS TO THIS LIMITED WARRANTY.
10. Third Party Content.
You acknowledge that Yellowbird Publishing does not pre-screen third party materials. Yellowbird Publishing is not the publisher or speaker of any information within the Sites/Products that is provided by third party content providers, and Yellowbird Publishing is not liable for any claims related to such information. Content provided by third parties is for informational purposes only and constitutes neither an endorsement nor a recommendation by Yellowbird Publishing. Yellowbird Publishing assumes no responsibility for those products or services.
Yellowbird Publishing may contain links and references to other third party websites and materials. Yellowbird Publishing does not assume any responsibility for these websites or materials and provides these links or materials solely for the convenience of Users. Yellowbird Publishing does not endorse or otherwise recommend any of these third party websites, references, or the products, services, or information there offered. Yellowbird Publishing reserves the right to terminate any link or remove any reference found within the Sites/Products at any time.
Yellowbird Publishing MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED, OF THE ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION PROVIDED BY THIRD PARTIES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY INFORMATION FOUND ON A LINK LOCATED WITHIN THE SITES/PRODUCTS THAT ALLOWS USERS TO ACCESS INFORMATION FOUND ON ANOTHER SITE. ADDITIONALLY, Yellowbird Publishing DOES NOT WARRANT THE EXISTENCE OR FUNCTIONALITY OF ANY SITE WHICH CAN BE ACCESSED THROUGH A LINK LOCATED WITHIN THE SITES/PRODUCTS.
11. Copyrights and Trademarks and other Proprietary Rights.
Yellowbird Publishing or its third party content providers shall retain all worldwide rights in the intellectual property of the Sites/Products, including, but not limited to, trademarks, inventions, ideas, trade secrets, the "look and feel" of the Sites/Products, color combinations, layout, and all other graphical elements, and the copyright in and to its original content. You should assume that everything You read or see within the Sites/Products is copyrighted or otherwise protected and owned by Yellowbird Publishing or a third party who licensed the right to use such content from Yellowbird Publishing. Unless otherwise expressly noted, nothing that You read or see within the Sites/Products or in the CBT may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use without the prior written consent of Yellowbird Publishing except as provided in this Agreement.
User agrees to defend, indemnify and otherwise hold harmless Yellowbird Publishing and its officers, directors, agents, employees and assigns from and against any cause of action or claim, including legal fees, related to User's Prohibited Conduct or other improper or illegal use of the Sites/Products.
Users are prohibited from violating or attempting to violate the security of the Sites/Products. Yellowbird Publishing will investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators. Users are required to enter a username and password to Access the Computer Based Training. In order to protect against unauthorized Access to Your account, it is recommended that You close the browser when You have finished using the Sites/Products.
14. Termination of Agreement.
In addition to Yellowbird Publishing’ other rights, it may terminate this Agreement at any time and at its discretion. Yellowbird Publishing may also terminate Access to the CBT or cancel subscriptions to the CBT without notice if it believes, in its sole judgment, that You have breached or may breach any term or condition of this Agreement, engaged in conduct that Yellowbird Publishing deems inappropriate, for its convenience or for any other reason.
In the event of termination of this Agreement, the provisions in this paragraph and the provisions found in paragraphs 6, 8, 10, 11, 12, 13, 14, and 17 shall survive. Your obligations to pay outstanding subscription fees shall survive any termination of this Agreement.
15. Privacy Statements.
Yellowbird Publishing values Your trust. In order to honor that trust, all Yellowbird Publishing’ employee-owners are required to adhere to the highest ethical standards in gathering, using, and safeguarding any information You provide. Personal Information is gathered only when Users make voluntarily online submissions of such information or voluntarily establish an account. An example of the type of information Yellowbird Publishing collects is: name, address, city, state, postal code, telephone number, and e-mail address. Yellowbird Publishing does not rent, sell, or exchange information about Website visitors and generally restricts access to User information to qualified Yellowbird Publishing employees. Third parties who need access to Yellowbird Publishing User information in order to provide operational or other support services are required by Yellowbird Publishing to comply with our high standards of security. We gather only the User information that is needed to administer our business and enhance and improve our services.
17. GOVERNING LAW AND DISPUTE RESOLUTION:
This Agreement is governed by the laws of the State of Nevada, without regard to principles of conflict of laws. Any other disputes will be resolved as follows: If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Henderson, Nevada. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us. If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Henderson, Nevada, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.