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ESM Inc, or Shanklin Group International / Training Fraud

1 555 South Bluff Street Suite 101 St. , 84770 George UtahSalt Lake City, UT, United States
Contact information:
Phone: Local: 1-435-652-4670

I am a Nigerian and need to find out if I can get justice for a scam carried out against me by a company based in US.

I was a naive Internet marketer who was contacted by Mr Nick Hill of this company on phone in my country and asked if I was interested in building a business online, though I was skeptical since I was not sure how they got my number but I was at a vulnerable point then when I needed to have something to do and needed help understanding what Internet Marketing was and so consented.

He then told me his company would help to train me till my business was set and asked how much I was willing to commit to the training and I told him then of my financial state but due to some pressure I agreed to find $3, 000 and told him where I was getting the money from that it was going to be a loan from my sister who I was not going to reveal exactly what I needed it for because my people are skeptical about the Internet and might not help me if I revealed it to her. We agreed for a day to make the payment.

While we where having our discussion I asked for an itinerary of what I would be taught and was told that I would get all this when I signed the contract. I was horded down to make payment and almost accused by them of wanting to scam them and had to scan my credit card to them before payment was effected.

To my dismay, immediately after the payment a contract was sent to me I did not get the itinerary but rather a contract that did not outline my training schedule but rather what the training was supposed to be.

I tried calling my contact Mr Nick Hill but from then on he proved elusive. I was then contacted by a member of their team a Mrs Deborah Jackson that she was to kick start my training which we started but I kept asking about my training schedule. It was then she told me that they were training consultants to the company and that I should call the company which I did with no response.

After some weeks in between that I had my holiday, we completed the initial program and I then asked what next but nobody had an answer for me.

After sending mails and not getting any response from them as to having an itinerary, I told them I would not continue unless I have an itinerary that I needed to also enable me plan myself, but still got no response. I then told them that I was calling off the contract and they should take their service charge and the cost of the training already given and refund me the balance. They then told me that my training money was not refundable but rather that they would give me more training time but I refused, because the issue of an itinerary was still not solved.

I have written, threatened and even told them I was going to write a book and expose them for who they are, but because they assume I am far away in my country Nigeria and can't get to them, up till this moment I have not gotten any response from them.

I am not just interest in justice but exposing this company to the world so that other people would not fall for their scams.

See the attached documents below to support my complait.

OUR CORRESPONDENCE

Attn: Mary From Nick Hill
Thu, October 30, 2008 12:06:40 AM
From: ESM <esmsupport@live.com>
View Contact
To: mary_doziokanigbe@yahoo.com
________________________________________
Mary,
I'm so sorry I have been extremely busy with other clients and have not forgotten about you. Your position like I said will not be given away until we talk in further detail. This campaign is hnot some thing that I can explain in email because it is built around what you need your business to do. Now as far as how fast you will recoup your investment, that will depend on how hard you work the business. I have seen it take weeks to months but all along the busness will pay for itself as long as you ask questions and follow instructions. The nature of this training is easier to explain by phone and it would be in the agreement that states you will be worked with until you recoup your investment. I will call you asap to further explain. I apalogise again for bing so busy. I have not forgotten you. I cannot give your position away unitl it is something we feel like you shouldn't do, can't or won't do.
Best Wishes,
Nick Hill
Your Biz Website

RE: STATUS ON PAYMENT AND CONTRACT (Attn: Nick)
Thu, November 6, 2008 9:49:06 PM
From: "customersupport@infowest.com" <customersupport@infowest.com>
View Contact
To: Mary Dozi-Okanigbe <mary_doziokanigbe@yahoo.com>
________________________________________
Hello Mary,

We have approved your Mastercard for the investment into your mentoring program and are in the process of completing your file. Our mentoring department, Omni Business Solutions will be contacting you within a few business days to begin your program.

Thank you,
Niki


Customer Service
ESM Inc.
Local: [protected]
Toll Free: [protected]
Fax: [protected]


-----Original Message-----
From: Mary Dozi-Okanigbe <mary_doziokanigbe@yahoo.com>
Sent: Thu, 06 November 2008 20:35:46
To: customersupport@infowest.com
Subject: STATUS ON PAYMENT AND CONTRACT (Attn: Nick)

Dear Nick,

Please what is the status on the contract document and have you verified the card for payment.

Your prompt response would be highly appreciated.

Regards

Mary

RE: WHAT EXACTLY IS THE COMPOSITION OF MY PACKAGE (Attn: Nick)
Fri, November 14, 2008 1:18:06 AM
From: ESM <esmsupport@live.com>
View Contact
To: mary_doziokanigbe@yahoo.com
________________________________________
Hello Mary,
Everything that we discussed and that you received in this program was listed in your contract. You can go over your contract with your instructor to clarify anything he/she is confused on.
Thanks,
Nick H.


________________________________________

Date: Thu, 13 Nov 2008 15:41:16 -0800
From: mary_doziokanigbe@yahoo.com
Subject: WHAT EXACTLY IS THE COMPOSITION OF MY PACKAGE (Attn: Nick)
To: customersupport@infowest.com
CC: esmsupport@live.com

Dear Nick,

Please can you send me a mail detailing exactly what my package entails based on our initial discussion, for it seems my instructor is not clear on that and this is affecting my training and your clarification of this would enable us move forward.

This is why I am sceptical about all this, in the first place and you know the condition I gave and how I got the funds. So, I would appreciate your prompt reply, though I don't know why you don't like sending mails. Also, you need to speak to my instructor(s) on whatever your response is.


Hello Mary,
I'm so sorry that you thought our tone wasn't pleasant, we did not mean for that at all. We are confused about what is going on. If your expert isn't telling you what to do and how to do it then we need to know so we can fix this problem immediately. They are sent a copy of what you've received so you are right they should know and you shouldn't have to explain it to them, I just meant that you could look at your contract and know what you should be getting. I'm sorry to hear you have been sick, hopefully you will get feeling better.
Thanks,
Nick H.

________________________________________

Date: Mon, 17 Nov 2008 08:48:08 -0800
From: mary_doziokanigbe@yahoo.com
Subject: RE: WHAT EXACTLY IS THE COMPOSITION OF MY PACKAGE (Attn: Nick)
To: esmsupport@live.com

Dear Nick,

You are getting my reply late because I have been down with sickness, and I am only a little better today, though not yet fully recovered.

I am not too happy with the tone of your mail, because I don't think it is in my place to tell my instructors what my package is all about. I think it is in you guy's place to discuss with my instructors and mine is to present myself for training. Presently, I am cut in the middle of what I don't know and it is not that the contract is detailed enough for me to understand. It is in your place to break it down for me to know what my contract entails, I signed the contract in good faith believing that you know my needs and you have something for me, but presently, I am believing that it is all about money and not after what I get or what I would get. How am I to know if my instructor is teaching me the right thing when you can give me any details.

Like I said in my last mail it is my fault for signing a contract in good faith. I have sent her the copy as you told me to all the same.

Thanks

Mary

ESM <esmsupport@live.com> wrote:
Hello Mary,
Everything that we discussed and that you received in this program was listed in your contract. You can go over your contract with your instructor to clarify anything he/she is confused on.
Thanks,
Nick H.


________________________________________

Date: Thu, 13 Nov 2008 15:41:16 -0800
From: mary_doziokanigbe@yahoo.com
Subject: WHAT EXACTLY IS THE COMPOSITION OF MY PACKAGE (Attn: Nick)
To: customersupport@infowest.com
CC: esmsupport@live.com

Dear Nick,

Please can you send me a mail detailing exactly what my package entails based on our initial discussion, for it seems my instructor is not clear on that and this is affecting my training and your clarification of this would enable us move forward.

This is why I am sceptical about all this, in the first place and you know the condition I gave and how I got the funds. So, I would appreciate your prompt reply, though I don't know why you don't like sending mails. Also, you need to speak to my instructor(s) on whatever your response is.


Regards

4th MAIL: This was sent by an instructor that NEVER contacted me.
Hello Mary,
I wanted you to have all my contact information so I have listed it below:
Kaleb Wand ext 250
esmsupport@live.com (Attn: Kaleb)
Local [protected]
Toll Free [protected]

I look forward to working with you,
Kaleb


Hello Mary,

I contacted you to follow up regarding your program for Mr. Ballard. I am not your mentor, as you stated you are working with Deborah. I have contacted the mentoring department with request that they contact you so as you can move forward with your program.

Thank you,
Kaleb

Customer Service
Local [protected]
Toll Free [protected]


________________________________________

Date: Sun, 11 Jan 2009 05:22:25 -0800
From: mary_doziokanigbe@yahoo.com
Subject: Re: Attn: Mary From: Kaleb
To: esmsupport@live.com

Dear Kaleb,

Thanks are you the one who called me recently. Also, are you replacing Deborah or what.
For now you can reach me on this number [protected] up till January 19th. I am in Rome presently. I would send you another number you can use to contact me from 20th to 28th January. But from 31st January you can now use the original number that you have.

Regards.

Mary
RE: Mary Dozi-Okanigbe Mentoring Program
Tue, January 13, 2009 5:45:48 PM
From: ESM <esmsupport@live.com>
View Contact
To: mary_doziokanigbe@yahoo.com
________________________________________
Hello Mary,
I will pass your message on. Good luck with your program.
Thanks
Kaleb

Customer Service
Local [protected]
Toll Free [protected]


________________________________________

Date: Mon, 12 Jan 2009 22:59:10 -0800
From: mary_doziokanigbe@yahoo.com
Subject: Re: Mary Dozi-Okanigbe Mentoring Program
To: esmsupport@live.com

Dear Kaleb, thanks for the clarification, but can you give Mr Ballard the information I gave you.

Regards

Mary

RE: REMINDER: CANCELLATION (Attn: Nick Hill & Travis)
Mon, March 16, 2009 6:38:40 PM
From: Product Support <Support@omnibizsolutions.com>
View Contact
To: Mary Dozi-Okanigbe <mary_doziokanigbe@yahoo.com>
________________________________________
Hello Mary,

We did not receive your last email, so we did not know that you had wanted to cancel your account. Your email has been forwarded to our Client Relations department and she will be contacting you.

Please let us know if you have any questions.

Thank you,

Support Department
support@omnibizsolutions.com

Do You Want Extra Sessions?? - Attend a Live Webinar class! For more information, log into your SEO Guide.

** You are receiving this email because you signed up for a service from Omni Business Solutions. You may unsubscribe to our emails by calling or emailing us to cancel.
________________________________________
From: Mary Dozi-Okanigbe [mailto:mary_doziokanigbe@yahoo.com]
Sent: Friday, March 13, 2009 12:45 PM
To: Customer Care; customersupport@infowest.com; support@omnisitebuilder.com; Katie Kuether
Subject: REMINDER: CANCELLATION (Attn: Nick Hill & Travis)

Hi Nick,

This is a last reminder on the above subject matter, since you have refused to reply my mails you have only confirmed my worst fears of this been a scam. Thanks a lot, the only good thing that came out of this is my meeting a nice person in the name of Deborah Jackson.

You are free to ignore this mail as you ignored other mails that I have sent see extract of the last one below.

Do what you feel is right, I pray we will meet one day when I would have the opportunity to tell the world what you did to me.

I am not going to leave this industry, I am going to make a success of it, and won't be deterred by you.

Mary

MY LAST MAIL

"It is with great displeasure that I wish to cancel my contract agreement with you based on you not meeting most of the terms of our contract, and ask for a refund of the balance due after deduction of the course taken.

Since I signed with you in October with all the promises made to me, I have only had phone coaching sessions with Deborah Jackson which ended early last month and up till this moment I have not been contacted either by you to find out the status of my training or to be informed of the next line of action.

What is painful about the whole thing is your silence, after several mails. If you remember, I told you I was going to borrow the money to do this training and you promised that with the coaching you would provide I would be able to pay back or start paying back my loan, this is March, I have not set up my site nor even completed my training how am I earn to earn the money back.

I am highly disappointed because I had such great hopes about the program and I must confess, I have discovered that I made one of the greatest mistake of my life signing up with you, with my greatest gain been my sessions with Deborah. I have gained more from those who I did not pay a dime to than I have gained from you except again from my sessions with Deborah.

From the onset, I asked for a dairy of my training schedule and never got an answer. If you read the terms of the contract you would see that you have not met 1/10th of our agreement, is this fair.

You are free not to reply or treat as the babbling of an ignorant person, as my earlier mails have been treated, but I know that we will meet one day for I am determined to make a success of myself in this industry with the help of others, who have been teaching me a lot.

Regards

Mary"

Re: REMINDER: CANCELLATION (Attn: Nick Hill & Travis)
Fri, March 20, 2009 10:32:15 PM
From: "customersupport@infowest.com" <customersupport@infowest.com>
View Contact
To: Mary Dozi-Okanigbe <mary_doziokanigbe@yahoo.com>
________________________________________
Hello Mary,

I reviewed your information and have spoken to our Educational Department in which I have been informed that their department has emailed in response to your inquiries.

Thank you,
Niki Lambeth

-----Original Message-----
From: Mary Dozi-Okanigbe <mary_doziokanigbe@yahoocom>
Sent: Tue, 17 March 2009 17:54:25
To: customersupport@infowest.com
Subject: Re: REMINDER: CANCELLATION (Attn: Nick Hill & Travis)

Hi, The attached is the answer to your mail. Thanks a lot. Mary

From: "customersupport@infowest.com" <customersupport@infowest.com>
To: Mary Dozi-Okanigbe <mary_doziokanigbe@yahoo.com>
Sent: Tuesday, March 17, 2009 5:51:01 PM
Subject: RE: REMINDER: CANCELLATION (Attn: Nick Hill & Travis)

Hello Mary,

I have received your email below and am currently in review of your file. I am not sure where your last email was sent as it was copied and pasted into this one and I don’t have knowledge of it nor is it in your file. However, as I have stated above I am in review of your file and will contact you shortly to discuss.

Thank you,
Niki


-----Original Message-----
From: Mary Dozi-Okanigbe <mary_doziokanigbe@yahoo.com>
Sent: Fri, 13 March 2009 18:45:26
To: customercare@omnibizsolutions.com, customersupport@infowest.com, support@omnisitebuilder.com, katie Kuether <katie@omnibizsolutions.com>
Subject: REMINDER: CANCELLATION (Attn: Nick Hill & Travis)

Hi Nick, This is a last reminder on the above subject matter, since you have refused to reply my mails you have only confirmed my worst fears of this been a scam. Thanks a lot, the only good thing that came out of this is my meeting a nice person in the name of Deborah Jackson. You are free to ignore this mail as you ignored other mails that I have sent see extract of the last one below. Do what you feel is right, I pray we will meet one day when I would have the opportunity to tell the world what you did to me. I am not going to leave this industry, I am going to make a success of it, and won't be deterred by you. Mary MY LAST MAIL "It is with great displeasure that I wish to cancel my contract agreement with you based on you not meeting most of the terms of our contract, and ask for a refund of the balance due after deduction of the course taken. Since I signed with you in October with all the promises made to me, I have only had phone coaching sessions with Deborah Jackson which ended early last month and up till this moment I have not been contacted either by you to find out the status of my training or to be informed of the next line of action. What is painful about the whole thing is your silence, after several mails. If you remember, I told you I was going to borrow the money to do this training and you promised that with the coaching you would provide I would be able to pay back or start paying back my loan, this is March, I have not set up my site nor even completed my training how am I earn to earn the money back. I am highly disappointed because I had such great hopes about the program and I must confess, I have discovered that I made one of the greatest mistake of my life signing up with you, with my greatest gain been my sessions with Deborah. I have gained more from those who I did not pay a dime to than I have gained from you except again from my sessions with Deborah. From the onset, I asked for a dairy of my training schedule and never got an answer. If you read the terms of the contract you would see that you have not met 1/10th of our agreement, is this fair You are free not to reply or treat as the babbling of an ignorant person, as my earlier mails have been treated, but I know that we will meet one day for I am determined to make a success of myself in this industry with the help of others, who have been teaching me a lot. Regards Mary"
RE: REFUND OF MONEY (Attn: Nick Hill, Travis)
Sun, August 2, 2009 5:09:59 AM
From: ESM <esmsupport@live.com>
View Contact
To: mary_doziokanigbe@yahoo.com
________________________________________
Hello Mary,

As I had informed you in my previous emails; you are past the time allotted for a cancellation / refund to be valid. The cancellation policy is stated in the contract in which you signed. You may refer to if you have any questions.
In your email you state that our company has refused to communicate with you, however your program file shows all communication and correspondence is which has occurred. Please make note, that any and all information regarding the program materials and tools are confidential.
You had also emailed regarding the hosting fee for your website, in which I have been informed that that account has been cancelled per your request and has not been charged since March. I'm sorry to hear that you are not completely satisfied with services, but want to ensure you that we strive to provide a quality product and service to all of our customers. You have been offered an additional two personal sessions as well as your other venues of support such as the live chat and email support. In March you had replied that you would like to decline that offer. However the status of your program has not changed, in which the offer still applies. As our warranty of service states, we will continue to work with you until you recoup your initial investment.
If you have any other concerns or inquiries, please feel free to contact me.

Thank you,
Niki

Customer Service
Local [protected]
Toll Free [protected]

________________________________________
Date: Fri, 31 Jul 2009 19:13:52 -0700
From: mary_doziokanigbe@yahoo.com
Subject: REFUND OF MONEY (Attn: Nick Hill, Travis)
To: customersupport@infowest.com; esmsupport@live.com; support@omnisitebuilder.com
Hi,

I am writing again for the last time on the above subject matter see below a copy of my last mail, and to intimate you of part of my next line of action which is including the writing of an eBook where the contract and copies of the mails between us will be used to inform unsuspecting victims like me about your business and also to inform you of my preparing a brief with my lawyer on taking legal action against you.

I have only asked what is legally mine and so this mail serves as a means of informing you of my next line of action, so you are free to treat this as usual as an empty threat or to take it seriously, the ball is in your court.


"I have waited since March to receive a refund of the money paid to you for my training which you did not carry out to my satisfaction necessitating my cancellation.

I am seeing this as my been scammed by you of my hard earned money and exploitation of my innocence. I am ready to get a lawyer to help seek a redress of this. I might be based in Nigeria, but I do know our contract is covered by international laws and also my grievance is the lustier attitude you have exhibited since you collected my money not only have you REFUSED to communicate with me but you have not bothered to respond to any of my mails.

I would do everything within my reach to seek redress and I know that one day I would get justice. It is very easy to assume that fraud is committed by those of us from third world countries, but your actions have shown that it his not the country but the person, for I related to you Nick and later Travis as a person of trust even without seeing you or having any testimony of your services, and you betrayed that trust.

I am attaching a copy of the contract you made me sign and let your conscience judge you if you have any to see if you carried out the terms of the contract. Like I said I am not interested in going on with the training for your actions have made me loose any confidence in you, all I want is a refund of my hard earned money which you Nick especially know about. "

If you feel justify take me to court.

Mary


MY CONTRACT

GENERAL USER / CONFIDENTIALITY
AND VERIFICATION AGREEMENT
ESM, Co.

This agreement is entered into as of the 31st day of October 2008, between ESM of 555 South Bluff Street Suite 101, St. George Utah, 84770 and Mary O. Dozi-Okanigbe of 33B, Oromenike Layout D/Line, Port Harcourt, Rivers State, Nigeria 500001 (hereinafter “the User”), pursuant to which the user will be granted use of certain ESM technologies and proprietary trade secrets as set forth herein. The User, in consideration of his/her present and future business relationships with ESM, expressly agrees to abide by the terms contained herein.

1. GENERAL STATEMENTS: ESM invests substantial amounts of time and funds in the research and development of its technologies, proprietary trade secrets, educational systems, software, hardware, business, and marketing solutions (hereinafter “Trade Secrets” shall be used to represent any or all of the proceeding items.) As such, ESM shall at all times maintain ownership of Trade Secrets and only grants use of them to the User under the scope of this agreement.

• TRADE SECRET PRODUCTS AND/OR SERVICES: In exchange for the consideration of $3, 000.00 USD the User shall receive the following custom designed trade secrets products and/or services.
• GUARANTEE Our goal is for all of our clients to recoup their full initial investment inside of 6 months, if for some reason it isn’t, we will continue to work with the client until they recoup their initial investment.

• Customized Educational Package Description:
• 8 Advanced Training Sessions
• 150 Online Video and Interactive Internet Marketing Sessions (Lifetime Access)
• Keyword Navigator Research Tool /w Site Analysis
• Auction Research eBay Top Selling Products Tool
• Custom Ad Copy Page with Monetization Report
• 100 Directory Submissions & Search Engine Submissions
• Course Completion Contract and Member Site

User Initials________


2. SUCCESS STORIES AND TRUTHFUL STATEMENTS: The User commits that he/she will be complete, truthful and honest with regard to his/her statements of success of personal success stories with regards to the representative he/she makes to ESM of the same. The user hereby grants, irrevocably and perpetually to ESM, its assigns and all others claiming under or through same:

• The right to photograph and record my name, voice, appearance, and likeness along with any material furnished by me in the whole or in part, in the Program or any segment of it;
• The right of ESM to broadcast by air or cable, exhibit, distribute, and use throughout the world, the Program or any parts thereof commercially, including, but not limited to, advertising, or solicitation or purchases;

The user hereby releases and agrees to indemnify and hold harmless ESM, and all others claiming under or through ESM, from any and all loss damage or liability, (including attorney’s fees) arising by reason of, or in connection with, the User’s participation, or by materials furnished or matter spoken by the User, in the Program, or series of Programs, including without limitation, any expense, damage, or liability for defamation or violation of infringement of rights, whether they be rights of others violated or infringed by the User or rights of the User infringed or violated by the User or others.

The user certifies that he/she has not been paid or compensated in any way for his/her participation in the Program. The User further certifies that all material spoken or exhibited by the User was not scripted and represents the User’s own opinions and beliefs, and is true and correct to the best of the User’s knowledge.

3. EFFORT BASED: The User understands and agrees that the value they will derive from the Trade Secrets products and/or services will be in direct proportion to the level of effort the User puts forth, their level of comprehension, his/her individual monetary investments, business experience, expertise, and level of desire and willingness to take action on the information provided in the package described herein. Therefore, ESM has not, cannot, and will not make any guarantee of success whether implicit or implied. However, ESM does agree to provide service and support to the User in hopes to obtain the six month and one year financial goals that the User has determined. If said goals are not obtained in the set time period, ESM agrees to continue to provide support at no additional charge to the User for up to one additional year or until the User has recouped their initial financial investment.

User Initials________


4. INDEMNITY: The User agrees to defend, indemnify and hold ESM, and it’s officers, directors, employees, independent contractors, instructors, coaches and their related companies harmless from and against all damages, liabilities, costs, losses, expenses, claims, and/or judgments, including legal costs and reasonable attorney’s fees, and disbursements which any of them may incur or become obligated to pay arising out of or resulting from (I.) the activities of the User pursuant to this agreement (with the exception of willful misconduct on the part of ESM) and (II.) the breach by the User of any of it’s representation, warranties, covenants, obligations, agreements or duties under this Agreement (with the exception of the breach of/or a default under any other agreement, instrument, order, law or regulation applicable to ESM or by which it may be bound), and claims of injury or otherwise arising from the sales of any products or services pursuant to this Agreement.

5. NON-DISCLOSURE/CONFIDENTIALITY:

A. WHEREAS, the User shall receive certain confidential disclosures and Trade Secrets from ESM during its business relationship with ESM.

B. USER EXPRESSLY AGREES that the following terms and conditions shall govern its use of proprietary Trade Secret information, disclosed to user by ESM defined below:

I. This will confirm that you have received and/or will be receiving confidential Trade Secrets information relating to specific business and technical information considered proprietary by ESM.
II. This proprietary Trade Secret information is being disclosed to the User solely for the purpose as outlined herein:

III. ESM considers it’s proprietary Trade Secret information to be of value, and is willing to make said Trade Secrets available to the User only for the purpose stated in this agreement, and only on the following terms:

i. “Proprietary Trade Secret information” shall mean technical and/or trade information relating to specific proprietary technical, customer, vendor or application information not generally known to the public, disclosed by ESM or on their behalf to the User, either directly or indirectly, in conversations, in writing, by drawings (whether or not identified in writing or Verbally “confidential”), or through inspection of process, part or technical prototypes of one party by the other party. All such proprietary information shall remain the sole property of the disclosing party, and upon the disclosing party’s request, you agree to return any and all materials relating to the proprietary information including prototypes, reports, drawings, tools, notes, equipment, plans, proposals, and reproduction or representations of any and all such materials on any medium whatsoever which may come into your possession relating to the proprietary information.

User Initials________

IV. The fact that the proprietary Trade Secret information, or any part thereof, may be linked together by search of publications and other publicly available information. Following a selection of a series of items, and of knowledge from unconnected sources, and fitting together of those items of knowledge so as to duplicate and recreate any of said proprietary information originally disclosed by ESM to be excluded from definition of the proprietary information I. Item III. Section 1 above.

V. Neither this Agreement nor any disclosure made hereunder shall constitute a waiver of any patent or other rights, or a grant of license under any patent, invention, or know-how of the disclosing party.

6. MISCELLANEOUS:

C. The parties to this Agreement are independent contractors. Nothing in this Agreement implies or may be construed to imply joint venture or employer/employee relationship. Beyond the terms and conditions of this Agreement, neither party shall be required to perform any obligation or assume any liability for the other.

D. No amendment, modification, change or waiver of the Agreement or any provision hereof shall be valid, unless in writing and signed by all of the parties hereto.

E. No waiver by any party hereto of any breach of the Agreement or any of it’s provisions shall be deemed to constitute a waiver of any preceding or succeeding breach of the same or any other provision hereof.

F. The date of execution for this contract shall be the date that financial transaction occurs or takes place. This contract becomes executable on said date. Receipt of this contract construes acknowledgment and agreement with the aforementioned terms. Company shall, on a best efforts basis, attempt to deliver said contract to recipient on said date. This contract can only be voided within the first three business days, and will be penalized with a 15% processing fee on any said termination of programs. User is required to send in a Certified Letter stating the refusal of all services rendered by ESM, postdated within the 3 business days as mandated by this contract. Business days consist of Monday – Saturday.


User Initials________

G. This Agreement constitutes the entire understanding and agreement of the parties with the respect to its subject matter and any and all prior and contemporaneous agreements, understanding or representations with respect to its subject matter are hereby terminated and cancelled in their entirety and are of no further force and effect.

H. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present of future statute, law, ordinance, or regulation contrary to which the parties have no legal right to the contract, the latter shall prevail, but the provisions of this agreement which is affected shall be curtailed and limited to the extent necessary to bring it within the requirement of the law. If any provision of this agreement is determined to be invalid or unenforceable in whole or in part, such as invalidity or enforceability shall attach only to such provision and part thereof and the remaining part of such provision and all other provisions hereof shall continue in full force and effect. The rights of ESM under this agreement may be assigned without the prior consent of any other party. The User shall be resolved by arbitration conducted in accordance with the Commercial Rules then in Effect of the American Arbitration Association. Such arbitration shall be held in the City of Salt Lake City, UT. Judgment upon award rendered shall be final and irrefutable and may be entered in any court having jurisdiction. Each party shall be permitted to enforce any judgment or writ or attach in any court having jurisdiction. The prevailing party shall be entitled to recover its costs and reasonable attorney’s fees, arbitration court costs, and other cost incurred in connection with any such proceedings.

User Initials________

IN WITNESS WHEREOF, The User hereby understands and agrees to all of the terms and conditions as defined herein and hereby agrees to provide said funding of $3, 000.00 USD to ESM, in the form of a credit card payment through the following ESM merchant account, or affiliate account: ESM, or Shanklin Group International. Sent by the following for the products and/or services defined herein:

Card Number: 5221 xxxx xxxx 7654

Exp. Date: 11/08

User Name: Mary O. Dozi-Okanigbe


Signed: ______________________________
Mary O. Dozi-Okanigbe

Date: ____________________

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