Public Mediation

CK Marketing/Oscar C Kinney-Dispute-#3589273

E. T. vs. Ck Marketing/Oscar C Kinney
29326 Turnbury Village Drive , Spring, Texas, 77386, United States
Amount Involved: $3,500.00
    • Status: In Negotiation
      This claim has posted for public comment and negotiation. It will remain posted until resolved to the claimant's satisfaction. Suggest a resolution to help these parties reach a settlement.
    • View response from: Ck Marketing/Oscar C Kinney
    • Claimant Seeks: View.
    • Claim #: 3589273
    • Amount Involved: 3,500.00
    • Filed On: May 05, 2012
    • Posted On: May 16, 2012
    • Complaint(s):
      • Bad business practices
      • Problem with a service
      • Contract / Agreement / Promise dispute
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Statement of Claim
Complaints Involved (3) - View
Claimant says:
"On March 03,2012, I mailed a cashier's checks in the amount of $3,500.00, to Oscar C Kinney, to join his Automated Money Machine. I received any materials or training as promised.

On April 11 & 12, 2012, I was told that 20,000., phone calls had been made and we had 32 prospects who wanted to be called back, I don't know if this was ever done. No sales out of 32 prospects does not appear to be correct.

The week of April 18, 2012, I was informed that 15,000., phone calls would be made...This never happened.

I never had any control over anything except what was told to me by Oscar C Kinney.

Once Mr. Kinney, received my $3,500.00, that was the END, I have not heard from any since April 18, 2012.

I was scammed and I want my $3,500.00, REFUNDED BY A CASHIERS CHECK now."
...
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Additional Communication Between Claimant and Ck Marketing/Oscar C Kinney Hide
  • Jun 08, 2012, () added:

  • Also this is something including my self all members agree to when Joining this business that is in writing .

    Web Site Terms & Conditions



    User Agreement:

    Welcome to our opportunity web site (the “site”) and User Agreement. This Agreement describes the terms and conditions applicable to you and all other people (collectively referred to herein as “Users”) for the use of this Site and services found herein. Please read this User Agreement carefully, because by using this site, Users automatically agree to be bound by these Terms. As a User, if you do not agree to be bound by the terms of this User Agreement, you must exit the site immediately. Your continued use of the site constitutes your agreement to be bound by the terms of the User Agreement set forth herein.
    This site is owned and operated by____________. The site itself offers no money guarantees or income promises of ANY kind and some individuals will make no money at all. By using this site, you hereby represent, warrant and agree that you understand that the program found within this site provides no guarantee as to any success with the program. While we hope that you are successful in your endeavor, all results will vary according to individual efforts. Because of the proprietary information and instant access to our products, leads, vendors and services there is no refunds of any kind.
    Please be advised that we may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall automatically be effective 7 days after they are initially posted on our site. Should you not agree with any such amended terms, you must cease any further use of this site. This Agreement may not be otherwise amended. You will be informed of the date of any amendments to this Agreement.

    Indemnification:

    You agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors, shareholders, customers, suppliers, service providers, agents, and employees harmless from and against any claim or demand, including reasonable attorneys fees, which may be due to any third party arising out of your breach of this Agreement, your breach of any applicable terms and conditions or policies of any Third Party Marketplace Site, or your violation of any law or the rights of any third party.

    LIMITATION OF LIABILITY:

    IN NO EVENT WILL the owner of this site and Marketing Services, ITS AFFILIATES, VENDORS, SUPPLIERS OR BUSINESS PARTNERS BE LIABLE FOR ANY GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES OF ANY KIND, WHETHER IN AN ACTION UNDER THEORY OF CONTRACT, TORTIOUS CONDUCT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE. USERS' SOLE REMEDY FOR DISSATISFACTION WITH Marketing Services IS TO STOP USING THE SITE. IF, FOR ANY REASON, THE FOREGOING LIMITATION IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE INVALID OR INAPPLICABLE UNDER THE CIRCUMSTANCES, YOU AGREE THAT the owner of this site and Marketing Services AND AFFILIATES' TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO THE PURCHASE PRICE.

  • Jun 08, 2012, () added:

  • What You & Everyone else signs including my self when we decided to Join this business .

    User Agreement:

    Welcome to our opportunity web site (the “site”) and User Agreement. This Agreement describes the terms and conditions applicable to you and all other people (collectively referred to herein as “Users”) for the use of this Site and services found herein. Please read this User Agreement carefully, because by using this site, Users automatically agree to be bound by these Terms. As a User, if you do not agree to be bound by the terms of this User Agreement, you must exit the site immediately. Your continued use of the site constitutes your agreement to be bound by the terms of the User Agreement set forth herein.
    This site is owned and operated by____________. The site itself offers no money guarantees or income promises of ANY kind and some individuals will make no money at all. By using this site, you hereby represent, warrant and agree that you understand that the program found within this site provides no guarantee as to any success with the program. While we hope that you are successful in your endeavor, all results will vary according to individual efforts. Because of the proprietary information and instant access to our products, leads, vendors and services there is no refunds of any kind.
    Please be advised that we may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall automatically be effective 7 days after they are initially posted on our site. Should you not agree with any such amended terms, you must cease any further use of this site. This Agreement may not be otherwise amended. You will be informed of the date of any amendments to this Agreement.

    Indemnification:

    You agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors, shareholders, customers, suppliers, service providers, agents, and employees harmless from and against any claim or demand, including reasonable attorneys fees, which may be due to any third party arising out of your breach of this Agreement, your breach of any applicable terms and conditions or policies of any Third Party Marketplace Site, or your violation of any law or the rights of any third party.

    Indemnification:

    By agreeing to the terms of the User Agreement, Users agree to indemnify, defend and hold harmless The owner of this site and Marketing Services and its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries and affiliates from and against any and all claim, loss, expense or demand of liability, including attorneys' fees and costs incurred by the owner of this site and Marketing Services and/or this site and Affiliates in connection with any claim by a third party (including any intellectual property claim) arising out of (i) materials and content Users submit, post or transmit through the Site, or (ii) use of the Site in violation of these Terms of Use or in violation of any applicable law. Users further agree that they will cooperate as reasonably required in the defense of any such claims. Marketing Services and this site and its Affiliates reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Users, and Users shall not, in any event, settle any such claim or matter without the written consent of the owner of this site and Marketing Services. Users further agree to hold harmless Marketing Services and Affiliates from any claim arising from a third party’s use of information or materials of any kind that they post in a Public Area.

    LIMITATION OF LIABILITY:

    IN NO EVENT WILL the owner of this site and Marketing Services, ITS AFFILIATES, VENDORS, SUPPLIERS OR BUSINESS PARTNERS BE LIABLE FOR ANY GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES OF ANY KIND, WHETHER IN AN ACTION UNDER THEORY OF CONTRACT, TORTIOUS CONDUCT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE. USERS' SOLE REMEDY FOR DISSATISFACTION WITH Marketing Services IS TO STOP USING THE SITE. IF, FOR ANY REASON, THE FOREGOING LIMITATION IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE INVALID OR INAPPLICABLE UNDER THE CIRCUMSTANCES, YOU AGREE THAT the owner of this site and Marketing Services AND AFFILIATES' TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO THE PURCHASE PRICE.

What Claimant Wants Hide
1. Recovery of Losses: SCAMED-on INVESTMENT May 20, 2012 $3,500.00
2. Other – Pay for claim posting cost May 20, 2012 $7.95
Cash total : $3,507.95
  • 0
Do you agree with the claimant’s demands?  (If you are a party to this claim, click here.)
Respondent's Counteroffer Hide
The claimant's settlement terms were rejected with the following explanation:
  • I disagree with the explanation / grounds provided

    "Lets get to the truth here I know exactly who this person is . .
    well lets be truthful here you came into this business for $3,500 & I did give you all the tools & resources to make this work , I even went so far & paid for your first batch of marketing which is just to get you going not to make sales but just to get you traffic to your business as you admitted you recieved but you lied on the numbers my friend I generated over 120 prospects to your business before you even had to pay for your own marketing which you never did that is something I Chose to do but not in anyway have to do to help you & get you going in the right direction now its up to you to continue with the marketing that we have layed out which 99% of everything is done for you , come on you need to take action for your self, you have a great system with all the tools but you are Lazy & choose not to use or go through any of the material that is put in front of you, how do you expect to make money in any business if you dont Market or study the material given to you .

    As far as not having control you are a lier this is your business not mine you have 100% control & all the tools to make it work again you choose not to I am a member of the program just like you & I choose not be lazy & work the program .

    As far as you receiving 32 calls well again another lie you received 125 calls & we did follow up with every single person for you , you cant expect to make sales with only doing 2 campaigns which might I ad you didn't even pay for again I run campaigns for my team members to show them the system works & give them a kick start in the business it is bye no means to make them a ton of sales they have to spend money on marketing the business just as I do & everyone else .

    Sorry this really upsets me I bend over backwards for my team & have no complaints but somone who is lazy & thinks everything should be done for them make me sick its sad when if you treated your Job like this you would be fired in less then 24

    Also this is in no way an investment this is a business MR Teddick just doesn't know how to understand the business . Also there are terms & services when you Join the business which I have , also I have full records of exactly what Mr Teddick has recieved such as the marketing campaigns I did for him out of my own pocket .

    Also Mr Teddick I have all of our Skype conversations which show exactly what I gave you for getting all of our marketing materials & one on one training with me.

    I have all records of everything that was done for you which was allot , stuff i didn't have to do stuff I chose to do . So lets be honest you failed because you don't want to do anything you still have all the tools you still have a an account at the 12k level even though you only paid $3,500 & all the tools this is your business treat it like that you are an adult you shouldn't need your hand held when everything is done for you all you have to is take action on what is given to you .

    Also I am pressing charges for all the lies you have said on here when you know none of that is true & again I have full records of everything I can post them here if you would like .

    Oh & for future reference when you get into a business you still have to market that business & yes It does take money to market .

    On top of all that do you know what I did for you I put you in at a 12k level for only $3,500 I also put one person under neath you to qualify you to help you & on top of that I spent $400 of my own money on marketing for you & as you admitted but lied as well you did receive prospects to your business."

This claim will remain posted until resolved.

  • 0
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  • Comment: by Christian Kinney — Online mediator
    • On: 06-08-2012
    View more
  • Lets get to the truth here I know exactly who this person is . .
    well lets be truthful here you came into this business for $3,500 & I did give you all the tools & resources to make this work , I even went so far & paid for your first batch of marketing which is just to get you going not to make sales but just to get you traffic to your business as you admitted you recieved but you lied on the numbers my friend I generated over 120 prospects to your business before you even had to pay for your own marketing that is something I Chose to do but not in anyway have to do to help you & get you going in the right direction now its up to you to continue with the marketing that we have layed out which 99% of everything is done for you , come on you need to take action for your self, you have a great system with all the tools but you are Lazy & choose not to use or go through any of the material that is put in front of you how do you expect to make money in any business if you dont Market or study the material given to you .

    As far as not having control you are a lier this is your business not mine you have 100% control & all the tools to make it work again you choose not to I am a member of the program just like you & I choose not be lazy & work the program .

    As far as you receiving 32 calls well again another lie you received 125 calls & we did follow up with every single person for you , you cant expect to make sales with only doing 2 campaigns which might I ad you didn't even pay for again I run campaigns for my team members to show them the system works & give them a kick start in the business it is bye no means to make them a ton of sales they have to spend money on marketing the business just as I do & everyone else .

    Sorry this really upsets me I bend over backwards for my team & have no complaints but somone who is lazy & thinks everything should be done for them make me sick its sad when if you treated your Job like this you would be fired in less then 24
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