Los Angeles, CA
90017
Attention:
John Paul Raygoza
Dear John,
I am writing to you, because I am very frustrated anddisappointed with the way your company has treated me. I have made manyrequests for your business to rectify the situation I will describe below. Someemails have been shortened for editorial purposes and relavance.
On 06/24 Ruel Mitchell from your company phonedme, and said he represented Incfortune, a company that specializes in freetraffic.
He said Incfortune has been training people to earn anincome on the internet since and are currently earning 3 – 5 milliondollars a month.
He asked if the calls can be recorded for quality purposes. When I agreed, he asked me to right down the following;
For a $10,000, Incfortune will do all the work for me, setup a website, drive free traffic to this site, and my weekly net income isguaranteed to be between $3 to $5 thousand dollars per week.
For a $15000 investment I will have an income of $9 to $13thousand per week
For a $30,000investment I am guaranteed an income of $15,000 to $20,000 per week
He was so specific about these figures, that I was becomingconvinced that this could be a solid fail proof system. I was still somewhatskeptical.
I asked him if any further investment was required. He saidno, as Incfortune specialized in and has perfected a free traffic system of amillion visitors, that would be directed to my site every day. I will not haveto pay anything extra.
He then asked me how I would like to receive payments if Iqualify – cheques or telegraphic transfer. I said TT.
I said I am interested in the $30000 position, but willonly have the money in 30 days
I looked up www.incfortune.com and all looked legitimate. At the bottomit even has copyright from 2001 – giving the impression the company hasbeen around since 2001
I also searched for scams on Incfortune, but could not findany. I reasoned that if they have been around since 2001 and were not legit, somebody would have exposed them.
Little did I know…..
The next day Ruel phoned me, and said if I can come up with$15000, Incfortune will put up the other $15000, and Incfortune can start mybusiness immediately.
Incfortune will keep the money for me that my websiteearns, until I pay the extra $15000
If I do not make at least $30000 in my first month, I willget a full refund.
This all sounded very legit to me, because Ruel gave me theassurance all calls are recorded and the records of these calls will be available to me.
He sounded so full of integrity and professional. I also saw that Incfortune has beendoing business since 2001. It must be a reputable company.
I gave him my credit card details (Big Mistake)
Merchant:
Incfortune.com
Date/Time: 25-Jun 04:53: 00 PM
Transaction ID: 2492974998
= order information =
Invoice Number: 2212
Description:
Total: US $5000.00
Payment Method: Visa
= billing information =
Incfortune.com
Date/Time: 25-Jun 04:53: 28 PM
Transaction ID: 2492975420
= order information =
Invoice Number: 2213
Description:
Total: US $4000.00
Payment Method: VisaFirst Name: John
Merchant:
Incfortune.com
Date/Time: 25-Jun 04:53: 42 PM
Transaction ID: 2492975660
= order information =
Invoice Number: 2214
Description:
Total: US $1000.00
Payment Method: Visa
Merchant:
Incfortune.com
Date/Time: 25-Jun 04:57: 30 PM
Transaction ID: 2492979265
= order information =
Invoice Number: 2215
Description:
Total: US $3000.00
Payment Method: Visa
Incfortune.com
Date/Time: 25-Jun 04:57: 42 PM
Transaction ID: 2492979448
= order information =
Invoice Number: 2216
Description:
Total: US $2000.00
Payment Method: Visa
Merchant:
Incfortune.com
Date/Time: 10-Jul 05:22: 14 PM
Transaction ID: 2513761309
James sent me thisagreement to sign.
I am placing this publicly for anyone to view, as a moral obligationand duty to warn future potential victims of your most powerful "TradeSecret"
"Ethics and Marketing don't mix."
Any lie or deception, no matter how gross orexagurated, is permissable, taught and encouraged by you, if it will help youor your staff to get the public's credit card number.
Incfortuneagreement
This agreementis entered into as of the 25TH ofJune between INCFORTUNEInc. (hereinafter INCFORTUNE of 600 Wilshire Blvd Suite 1470, Los Angeles, California 90017 and John of Saipan (hereinafter“the User”), pursuant to which the user will be granted use of certainINCFORTUNE technologies and proprietary trade secrets as set forthherein. The User, in consideration of his/her present and future businessrelationships with INCFORTUNE, Inc, expressly agrees to abide by the termscontained herein.
1. General statements:
INCFORTUNE invests substantial amounts oftime and funds in the research and development of its technologies, proprietarytrade secrets, educational systems, software, hardware, business, and marketingsolutions (hereinafter “Trade Secrets” shall be used to represent any or all ofthe proceeding items.) As such, INCFORTUNE shall at all times maintainownership of Trade Secrets and only grants use of them to the User exclusivelyunder the scope of this agreement. Useragrees that any use of the Trade Secrets noted above and in Section 5 of thisagreement for purposes of selling, trading or otherwise sharing with others forprofit or any other uses outside the scope of this agreement will be deemed ofthis confidentiality agreement.
When a breach ofthe confidentiality agreement is proven, a liquidated damages liability willarise in light of the difficulty of measuring the amount of damages of thisbreach. User agrees theamount of the liquidated damages for breach of the confidentiality agreement is$25,000.
Trade secretproducts and/or services:
In exchange for the consideration of $ 15,000.00 theUser shall receive the following custom designed trade secrets products and/orservices.
· Customized Educational Package Description:
· Advanced Training Sessions
· Blogging Mentorship
· PPC Mentorship
· Sales Copy Mentorship
· Live, In-person Coaching (flight & room accommodationsincluded)
· DVD training videos
· Instant Turnkey Website
The Userunderstands and agrees that if the custom designed package of trade secretsproducts and/or services defined about includes INCFORTUNE's online website creation, ecommerce, marketing and business development software, then the User shallthen be responsible to pay a bi-annual hosting fee of $ 118.80 to cover thecosts associated with hosting the User's website built with FrontAdmin softwareand hereby authorizes INCFORTUNE and/or its assigns to charge said monthlyhosting fee (unless otherwise discussed): Monthly amount charged underfollowing account (JumpLaunch, Inc.)
Signed:%
User Initials%
2. Success storiesand truthful statements:
The User commits that he/she will be complete, truthful andhonest with regard to his/her statements of success of personal success storieswith regards to the representative he/she makes to INCFORTUNE of thesame. The user hereby grants, irrevocably and perpetually to INCFORTUNE, its assigns and all others claiming under or through same:
· The right to photograph and record my name, voice, appearance, andlikeness along with any material furnished by me in the whole or in part, inthe Program or any segment of it;
· The right of INCFORTUNE 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 herebyreleases and agrees to indemnify and hold harmless INCFORTUNE, and all othersclaiming under or through INCFORTUNE, from any and all loss damage orliability, (including attorney's fees) arising by reason of, or in connectionwith, the User's participation, or by materials furnished or matter spoken bythe User, in the Program, or series of Programs, including without limitation, any expense, damage, or liability for defamation or violation of infringementof rights, whether they be rights of others violated or infringed by the Useror rights of the User infringed or violated by the User or others.
The usercertifies that he/she has not been paid or compensated in any way for his/herparticipation in the Program. The User further certifies that allmaterial spoken or exhibited by the User was not scripted and represents theUser's own opinions and beliefs, and is true and correct to the best of theUser's knowledge.
3. Effort based:
The User understands and agreesthat the value they will derive from the Trade Secrets products and/or serviceswill be in direct proportion to the level of effort the User puts forth, theirlevel of comprehension, his/her individual monetary investments, businessexperience, expertise, and level of desire and willingness to take action onthe information provided in the package described herein.inCFORTUNEprovides the vital tools as the foundation of succeeding in an internetbusiness. Therefore, INCFORTUNE has not, cannot, and will not make anyguarantee of success whether implicit or implied. However, INCFORTUNE does agree to provide service and support to the Userin hopes to obtain the six month and one year financial goals that the User hasdetermined. If said goals are not obtained in the set time period, INCFORTUNE agrees to continue to provide support at no additional charge to theUser for up to one additional year or until the User has recouped their initialfinancial investment, whichever comes first.
UserInitials%
4.indemnity:
The User agrees to defend, indemnify and hold INCFORTUNE, and it's officers, directors, employees, independent contractors, instructors, coaches and their related companiesharmless 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 payarising out of or resulting from (I.) the activities of the User pursuant tothis agreement (with the exception of willful misconduct on the part ofINCFORTUNE) and (II.) the breach by the User of any of its 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 INCFORTUNE or by which it maybe bound), and claims of injury or otherwise arising from the sales of anyproducts or services pursuant to this Agreement.
5. Non-disclosure/confidentiality:
A. WHEREAS, the User shall receive certain confidential disclosuresand Trade Secrets from INCFORTUNE during its business relationship withINCFORTUNE.
B. USER EXPRESSLY AGREES that the following terms and conditionsshall govern its use of proprietary Trade Secret information, disclosed to userby INCFORTUNE define
I. This will confirm that you have received and/or will be receivingconfidential Trade Secrets information relating to specific business andtechnical information that is proprietary to INCFORTUNE.
II. Thisproprietary Trade Secret information is being disclosed to the User solely forthe purpose as outlined
III.inCFORTUNE considers its proprietary Trade Secret information tobe of value, and is willing to make said Trade Secrets available to the Useronly for the purpose stated in this agreement, and only on the following
IV. “Proprietary Trade Secret information” shall mean technical and/ortrade information relating to specific proprietary technical, customer, vendoror application information not generally known to the public, disclosed byINCFORTUNE or on their behalf to the User, either directly or indirectly, inconversations, in writing, by drawings (whether or not identified in writing orVerbally “confidential”), or through inspection of process, part or technicalprototypes of one party by the other party. All such proprietaryinformation shall remain the sole property of the disclosing party, and uponthe disclosing party's request, you agree to return any and all materialsrelating to the proprietary information including prototypes, reports, drawings, tools, notes, equipment, plans, proposals, and reproduction or representationsof any and all such materials on any medium whatsoever which may come into yourpossession relating to the proprietary information.
User Initials%
IV. The fact that the proprietary Trade Secret information, or anypart thereof, may be linked together by search of publications and otherpublicly available information. Following a selection of a series ofitems, and of knowledge from unconnected sources, and fitting together of thoseitems of knowledge so as to duplicate and recreate any of said proprietaryinformation originally disclosed by INCFORTUNE to be excluded from definitionof the proprietary information I. Item III. Section 1 above.
V. Neither this Agreement nor any disclosure made hereunder shallconstitute a waiver of any patent or other rights, or a grant of license underany patent, invention, or know-how of the disclosing party.
6. MISCELLANEOUS: The parties to this Agreement are independent contractors. Nothing in this Agreement implies or may be construed to imply joint venture oremployer/employee relationship. Beyond the terms and conditions of thisAgreement, neither party shall be required to perform any obligation or assumeany liability for the other.
D. No amendment, modification, change or waiver of the Agreement orany provision hereof shall be valid, unless in writing and signed by all of theparties hereto.
E. No waiver by any party hereto of any breach of the Agreement orany of it's provisions shall be deemed to constitute a waiver of any precedingor succeeding breach of the same or any other provision hereof.
F. The date of execution for this contract shall be the date thatfinancial transaction occurs or takes place. This contract becomesexecutable on said date. Receipt of this contract construesacknowledgment and agreement with the aforementioned terms. Companyshall, on a best efforts basis, attempt to deliver said contract to recipienton said date. This contract can only be voided within the first three businessdays, and will be subject to a 15% processing fee on any said termination ofprograms. User is required to send in a certified letter stating the refusal ofall services rendered by INCFORTUNE, postdated within the 3 business days asmandated by this contract. Business days consist of Monday – Saturday. User may also cancel within 30 days ofcontract execution and receive a refund of 15% of the total paid.
User Initials%
G. This Agreement constitutes the entire understanding and agreementof the parties with the respect to its subject matter and any and all prior andcontemporaneous agreements, understanding or representations with respect toits subject matter are hereby terminated and cancelled in their entirety andare of no further force and effect.
H. Nothing contained herein shall be construed so as to require thecommission of any act contrary to law, and wherever there is any conflictbetween any provision contained herein and any present of future statute, law, ordinance, or regulation contrary to which the parties have no legal right tothe contract, the latter shall prevail, but the provisions of this agreementwhich is affected shall be curtailed and limited to the extent necessary tobring it within the requirement of the law. If any provision of thisagreement is determined to be invalid or unenforceable in whole or in part, such as invalidity or enforceability shall attach only to such provision andpart thereof and the remaining part of such provision and all other provisionshereof shall continue in full force and effect. The rights of INCFORTUNEunder this agreement may be assigned without the prior consent of any otherparty. The User shall be resolved by arbitration conducted in accordancewith the Commercial Rules then in Effect of the American ArbitrationAssociation. Such arbitration shall be held in the City of Los Angeles, CA. Judgment upon award rendered shall be final and irrefutable and maybe entered in any court having jurisdiction. Each party shall bepermitted to enforce any judgment or writ or attach in any court having jurisdiction. The prevailing party shall be entitled to recover its costs and reasonableattorney's fees, arbitration court costs, and other cost incurred in connectionwith any such proceedings.
User Initials%
IN WITNESS WHEREOF, The User hereby understands and agrees to allof the terms and conditions as defined herein and hereby agrees to provide saidfunding of $15,000.00 toINCFORTUNE, in the form of a creditcard payment through thefollowing INCFORTUNE merchant account, or affiliate account: INCFORTUNE, or JUMPLAUNCH, or YOURAFFILIATESUCCESS. Sent by the followingfor the products and/or services defined herein:
When I read the agreement, it was entirely adifferent story
It only offered 15% refund within 30 days, and did notguarantee any income. It stated it was effort based.
On June 28 I phoned Ruel, and said I am not willing tosign this agreement, as it was vastly different from what he promised me.
He said that the agreement is drawn up by lawyers and doesnot state the true intent and agreement of the company. It is only drawn up toprotect the propriety free traffic methods
When I asked him if I should write his promises on aseparate paper and add it to the agreement, he said, no, the company cannotstart my website unless the agreement is signed just as it is.
He assured me again that all calls are recorded, so I donot have to be concerned.
I already paid, so felt committed, but alsoconcerned. I sent this email to James Murphy on 06/28.
(Some emails have been shortened for relevance)
Hi James,
I have signed the agreement with the understanding and assurance from Rule Mitchell, that I will recoup my investment within 2.5 weeks from the time I pay the second $15000. Rule gave me his verbal promise, that his company will give me a full refund if I do not recoup my investment in the stated time.
He also said the intent of this agreement is primarily to protect their copyright and propriety methods of marketing.
With this understanding, I submit this signed agreement. If I misunderstood anything, please let me know.
Respectfully,
John
When James did not refute the above, I wrongly assumed thathe was in agreement with what I have written down.
Little did I know, that he was fully aware of Ruel's lies, but relied on the signed agreement to brush me off should I protest
Silence can onlybe equated with fraud when there is a legal or moral duty to speak, or when aninquiry left unanswered would be intentionally misleading…. We cannot condonethis shocking conduct. If that is the case we hope our message is clear. Thissort of deception will not be tolerated and if this is routine it should becorrected immediately”
U.S.
V. Tweel. 550 F2d 297.299-300
Ruelwas so convincing and reassuring, and James did not deny what I wrote. I talkedmy wife into lending me the extra $15000.
= billinginformation =
Customer ID:
First Name: John
Merchant:
Incfortune.com
Date/Time: 10-Jul 05:22: 14 PM
Transaction ID: 2513761309
= order information =
Invoice Number:
Description: IncFortune, Inc Order
Total: US $15000.00
Payment Method: MasterCard
As I know for my wife to be involved, I had to be100% sure that you are legit, and I submitted this email to Joseph Murphy, whomRuel has said was one of the owners of the company
Sent: Tuesday, July 143:16 PM
To: James Murphy
Subject: RE: IncFortuneService Agreement
Hi James,
After reading this agreement and signing it, I have some grave concerns, and hope you can clarify the situation for me.
Rule Mitchell assured me, that the intent of this agreement is to protect your company from anyone stealing your propriety
copyrights and systems. All the legal terms were drawn up by lawyers to protect your company. What he gave me his word on, is very different from this agreement.
He made the following statements 1. If I do not make my investment back in 30 days, yourcompany will give me a full refund, and not the 15% as per the agreement.
2. Even if I do no work or make no effort, I still will be on the $15,000 to $20,000 per week income level, as your company does the work for me.
3. If I put in effort, I can even earn more than that. He assured me that even though this is not in writing, all calls are recorded and monitored I have not recorded his calls, but I have written down what he said.
Integrity is of the utmost importance to me, and I cannot be involved in any activity or business that does not have
transparency, honesty and integrity as it's basis.
I do like Rule very much, and I do like the professional look of you website. As I have not seen your products and protocol, or met you in person to verify all of the above, would you please verify that all that Rule said to me, is indeed supported and backed up by your company.
If all of the above is indeed true as I believe it is, I look forward very much to be part of your organization
On this basis I sign and agree to abide by the agreement
Sincerely,
John
Here
Follows the reply from James Murphy;
Subject: RE: IncFortuneService Agreement
Date: Wednesday, July 15, 8:31 AM
John,
What you have been told by Rule is indeed possible
(Fruad) Wewill do majority of the work for you and have you generating revenue very soon. You will be flown out to LA next Monday; I am scheduling your flights today.
ThankYou,
James Murphy
I received a call from Ana, a very nice sounding Lady. The same as Ruel, she asked if it is okay that thiscall is recorded. She asked to confirm our names, and the numbers of our creditcards. I stated for the record that Ruel have given me his word, and James hassaid that is indeed possible to get a full refund if I do not make the $30000back in 30 days.
We flew out to Los Angeles, and were picked up at the airport by a limousine and taken to meet David Sipes, who took us to your Malibu Mansion.in spite of my initial misgivings, I felt more reassured. At the Mansion, Iasked David if it is true that I can get the $30000 refunded if I don't make$30000 in my first month.
He gave the same answer as James –that yes, it is indeed possible. (FRAUD)
I still did not know who the realowner was. Only later the next day did Imeet John Raygoza, the true owner of Incfortune.
Nobody I asked told me thisbefore.
In hindsight, I realize whyyour identity cannot be made known to prospective clients. Reading comments about you and Pushtraffic onthe internet, is not conducive to good business. Had I seen that before, Inever would have agreed to give you any money.
Alan gave a lecture oncopywriting and said his main website for making money is one on acne removal.
He said refunds are not really aproblem, as most people are too busy or forget to ask for a refund. I wascurious that Alan himself had quite a few acne. The remedy he was promoting wasobviously not working for him.
Only later did I understand why.
You actually laughed when yousaid the remedy was to put some candle wax on the acne. You said whether whatyou sell works or not, is not really important, as long as our sales copy isgood.
You taught us about advertizingon Google through pay per click. You searched on Clickbank, picked the highestconverting sales offer, did not even look or investigate whether it had anymerit or truth, and advertised it on Google.
I was disturbed by your lack ofintegrity, but thought perhaps you just were in a hurry.
On Friday July 24 we turnedup at your office in LA, and I waited for all the work to be done for us as waspromised.
When I finally saw that we gotthe same website and opportunity that I paid $118 for in May, I was deeplyshocked.
The JumpLaunch Team
Order summary
Order Number... 74283
Web Hosting... $118.00
Setup... $0.00
Sales Date... 05/13 23:24: 02
Domain...
You were not there, so I wrote this email to David Sipes.
Hi David, It sure is a pleasure to get to know you as well. I need some help. When Rule convinced me to invest in your company, on my questioning him, heassured me verbally numerous times, that your company will put me on the $15000to $20000 per week income level, without any effort on my part. He asked me towrite down that your company will do ALL the work for me. He said it is alldone by free traffic, and I don't have to invest anything more. He said if Iput in effort and spend money on ppc, I will earn more than that. He also gave me his word, that if I don't make my investment of $30,000 backwithin 30 days, your company will give me a FULL refund. When I got the agreement to sign after I paid, almost nothing of what hepromised was on the agreement. When I questioned him about the discrepancy between what he promised and theagreement, he said the agreement was drawn up by lawyers primarily to protectthe propriety free traffic methods of your company, and did not reflect thetrue intent of what your company undertakes to deliver. When I asked him to put in writing what he promised, Rule assured me that allcalls are recorded and reviewed by your company. He assured me that he cannotsay anything on the phone, that can not be backed up by Incfortune. Rule assured me very emphatically, that he gave me his WORD on this.
He said these recorded calls are available to myself for proof and confirmation. I also expressed my concerns in writing to James Murphy whenI emailed him the signed agreement back, he stated that it was indeed possible.
Teak is a wonderful person and very helpful. When I asked him about what Rule Mitchell promised me, his response didnot inspire me with much confidence either. He said we can talk outside. I love all the people I have met so far associated with your companyI am very impressed with yourself, John and what I have seen so far.integrity is hugely important to me, because I have to look at myself in themirror every day. If all Rule said is true, I would love to promote your company and be avaluable asset to you. Right now, I have some alarm bells ringing.
What I need to know, is whether I was lied to and conned by Rule Mitchell justto get my money, or if what he assured me of verbally, is indeed the truth.
Would you please be so kind as to clarify this for me? Warmly and sincerely, John
(As of today's date – No Response fromDavid Sipes.) (FRAUD)
An hour later you turned up.
I immediately asked you for arefund.
You refused to honor Ruel's andDavid's verbal promise, as well as James written promise.
You said you will only give me15% of $30000
I said this was clearlyfraud and Ruel had to be held responsible. You said that you were not going tohold Ruel responsible for his obvious lies. You said that you already paid himthe commission.
I could not understand why youwould be so comfortable in not holding your sales staff responsible for suchblatant lies and deception.
You said that you were aware thatyour sales people told lies. That is why you protected yourself with thelawyer's letter.
I asked to speak with Ruel.
You accused me of being acriminal instead, and ask me to leave your office.
I was deeply shocked.
On July 27 I wrote thisemail
Subject: RE: IncFortune Service Agreement
Date: Monday, July 27, 12:07 AM
Hi John,
It was unfortunate that I left your office on such a sour note. With all due. Respect, calling me a criminal because my clinic was raided for healing a sick boy with cancer, was a bit low.
I wish to extend the hand of friendship one more time. If you read this entire email to the bottom, you will realize that the agreement I signed, was attached to this email, I did not fax it through on its own.
This entire email is therefore the basis of me signing your agreement. And that will stand up in any court. I would recommend you show this email to your legal counsel if you have any doubts.
Rule Mitchell did tell the truth as he knew it, simply because you have trained all your salespeople to say the same things. I heard them repeat the same things to other prospective clients while I was in your office. What I now ask of you, is to back up in action what Rule promised me per your instructions. And what was written in this email
You emailed me to visit youoffice again, and I turned up on 8/5/09 as agreed.in your defense, you didapologize for calling me a criminal You then wanted to make avideo of me saying how much I endorse your company and products, and upload iton my site.
I said that I cannot lie, as your company or products have not worked for me.
You replied;
Quote “
Ethics AndMarketing Don't Mix
.” End of quote.
David Sipes agreedand said I have to fake it till I make it.
When I refused to lie so openly, you both lost interest and said you will fly me out to LA again at a later date
In spite of all the previousevidence I was deeply disturbed and shocked again that it is your standardpractice to deceive the public without any regard to the harm you are causing, and obviously breaking the law.
On August 12 I wrote this email
Hi jp,
I had some real excitement when I got back.
My wife threatened to call the policeand report the $15000 I borrowed from her as stolen, as what Ruel promised meis almost all lies, and I talked her into it believing what Ruel promised me tobe true.
When no reply I wrote this onAugust 14
Hi J,
I really need help.
My wife has nearly driven me mad.
Would you please, please give methe refund as Ruel promised?
Can you kindly let me know?
J
As of today's date – no response.
On August 15 I wrote thisemail
Hi John,
I have honestly tried my best to find a solution to
Make this work for both of us, but I have come up against insurmountable
Obstacles.
When I visited your office on 8/5/09, you asked me to record on video
Saying how great this business is to me. When I said I cannot lie, you
Said ethics and marketing don't mix.
David Sipes said I have to fake it till I make it.in other words I have
To lie till I make it.
Frank Liggett contacted me, and said Joseph
Murphy promised him
$15000 to $25000 per week for $10,000 - virtually the same as was
Promised me, but I had to pay $30,000.
It was not stated upfront that I have to pay $20,000 extra for a
Limousine ride, more luxurious accommodation and half a day extra with
Taek to put up my picture on my website and open a face book account. I
Am very capable to upload my own picture and set up my own facebook
Account as I have already done that.
Ruel also
Assured me that I have to pay no extra money, as ALL sales are generated
By free traffic.
When it came down to implementing your system, you clearly said the most
Effective way to get a list of buyers and sales is by pay per
Click advertising
Had I known that, I obviously would never have had my cc overdrawn by
$600, and borrowed $15000 from my wife to pay for your program.
I have no way of paying extra for advertising.
On top of that, at least 50% of your own adverts are condemned by Google as being inappropriate or
Irrelevant. That fact did not inspire me with much confidence either.
You have also ignored my repeated request for the contact details for
Ruel.
When I requested a refund from you because it was obvious Ruel had
Blatantly lied to me, you asked me if I have received the plane
Tickets, the limousine ride, stay at the Malibu Mansion, and chef prepared meals.
Nothing was mentioned about the money that was promised to me.
I wanted to straighten this out with Ruel, as he made the promises.
I phoned your company to get Ruel's contact details. Patrick said
He no longer works for your company. Ana also said he left about a month
Ago
When I visited you on 8/5/09, you said Ruel was there to meet me, but had
To leave early.
Your staff obviously told the truth in this case, you obviously lied.
According to the law, if you cover up a known criminal act, you are part
Of it.
As I have written when I submitted the signed agreement, I cannot be
Involved in anything unethical and without integrity.
As you have stated that you do not regard ethics as important in
Marketing, and also train your affiliates and sales staff in deceiving
The public to get sales, I simply cannot encourage anyone to do business
With you, as I do not wish for anyone to be treated the way I have been
Treated by you and your company.
I simply am not willing to sell my soul for money and knowingly deceive
The public.
I will be breaking the law, and will make myself vulnerable to be
Criminally prosecuted
Based on the above, I cannot promote your products or be part of your
Organization with a clear conscious.
There is therefore no way for me to recoup my investment being associated
With your company.
If you can understand this and give me the refund as Ruel gave me his
Word your company would do, plus confirmed in writing by Joseph Murphy
That it is possible, plus confirmed by David Sipes at the Malibu Mansion
That it is possible, we can part as friends, and I will forget the
Emotional trauma, embarrassment and waste of my valuable time.
If you feel that my request is unreasonable, I am sure you
Can appreciate that I will have no other option but to draw up the
Necessary documents, and
Ask appropriate authorities and media to assist me.
Please understand, that time has run out on this issue.
If you ignore this email or do not respond Within 48 hours in a way that
Is fair and equitable to me, by lack of responding you agree that all of
The above is accurate and I am entitled to a full refund, plus
Compensation for being knowingly and intentionally deceived and lied to
By your company.
Looking forward to your favorable response.
Yours sincerely,
John
Your reply August 15
John,
We want to resolve this matter and it's going torequire us to talk over the phone with Ruel. What time is a good time for you?
John Raygoza
When no phone call with Ruel eventuated, I replied on 8/17/09
HiJohn,
I am so relieved you want toresolve this matter.
I wish to extend one morecourteous opportunity to your company, to correct what has become a very unfairand difficult situation for me.
Here are the simple factsand truth.
When I submitted in writingto JosephMurphy what Ruel promisedme and assured me of verbally, he clearly knew that Ruel lied to me anddeliberately and intentionally had deceived me. As part owner or at least CEO, he knew that what Ruel promised me is not standard procedure and he also knewthat you would not support that. He chose to be part of the deception, by nottelling me and yourself immediately that Ruel had lied and committed fraud.
He was relying on your veryclever and highly "slanted in your favor" legal agreement, to use asleverage to brush me off and ignore me should I ask for what Ruel has promised.
David Sipes did exactly the sameverbally, by saying it is possible.
They all knew form pastexperience, that most consumers are ignorant or helpless, and do not have thetime, money or resources to fight you in court.
Like you said, you have been incourt seven times in one day.
Ana also chose not tell youimmediately that something was wrong, when I clearly recorded that a fullrefund was promised to me should I not make the $30,000 back within 30 days.
You yourself also did not blinkan eye when I told you about Ruel's deliberate and intentional deception andfraudulent statements.
Instead, you immediately checkedwhether I had signed your agreement, which makes it virtually impossible foranyone that has been cheated by you, to win in court.
AmericanExpress and Paypal have a reputation for being on theside of the consumer, and will not stand your deceptive practices. The factthat you do not accept any of those reputable and widely acceptable paymentmethods that is offered by most reputable companies, is further proof that youknow and are comfortable that you and your staff knowingly deceive the public. When I said I will have to ask my cc company to reverse the charges, you lookedvery smug when you told me I can do that, but I will see the charges back intwo days.
You know that MasterCard and Visa require a lot more proof, andit is more difficult to get them to reverse the charges.
“Theconfidence a company has in the quality of their products, is reflected intheir guarantee”
Quote - unknown
From my 28 years of businessexperience, I know that to be true.
As you have only 15% confidencein the quality of your product Incfortune, it would have been unthinkableof me to accept your 15% refund offer.
It is the lowest refund offer Ihave ever encountered anywhere.
Only Reul's verbalassurance that the agreement is solely to protect your "copy written freetraffic" methods, and the fact that he very empathetically gave me his Word on it, and Joseph's written statementthat it is possible to get the refund, and Ana's acceptance of my recordedstatement, made me go ahead.
As of today's date, I have had nofree traffic or any sales.
Teak, who is supposed to do thework for me, has also not sent me the passwords to the website.
This conclusive evidenceclearly provides indisputable evidence and proof that it is standard and normalpractice in your company to intentionally and deliberately deceive the publicon a large scale.
There are at least two people, Yeun Young David and Eileen McCutcheon among themany that I found on the Internet, that have felt so hurt and damaged by yourdeceptive actions, that they are considering a class action law suit againstyou.
This is only a partial list ofyour fraudulent and deceptive actions that I have recorded and noticed. I willonly reveal the rest as a last resort.
You can prove the abovestatements and facts wrong very easily.
Give me an immediate andcourteous refund within the next 48 hours, and hold Ruel Mitchell, JosephMurphy, David Sipes and Ana responsible for deliberately and intentionallydeceiving me, and or condoning the deception and fraud of Ruel.
In defense of Ana, I must admitthat she was the only one that sounded a bit surprised when I mentioned therefund guarantee.
From my experience, she could beone of the few honest people in your office.
However, I wish to give youand your company one more opportunity to act as ethical, honorable and decenthuman beings.
If you refuse to do what is rightand fair by me and give me the full refund within the next 48 hours, you leaveme no choice but to take the next step.
By refusing to give me the fullrefund of $30,000 within the next 48 hours, your refusal will serve asindisputable proof, that you and your staff have knowingly and willinglydeceived me, and that you also encourage and allow your staff and sales people todo the same to the public.
This evidence will be submittedto the appropriate authorities.
I must admit, I'm verydisappointed with what has happened and unhappy that your
Business has not resolved thisproblem in a fair and equitable way.
Looking forward to yourfavorable and honorable response now.
Sincerely,
John
Your response August 18
John,
Let's setup a conference call for today at 4 P.M. Pst (9 A.M. Your time).
Unfortunately Ruel cannot be on this call becausehe's traveling at the moment, however, we don't really need him on the call. Especially since this matter is between you and IncFortune.
Now, I noticed you're trying to advise us of othercustomers – however, we are not dealing with their issues, we are dealing withyour issue. Let's keep it that way.
As far as Amex, Mastercard, or Visais concern – there is no way Visa or Mastercard will favor you in this case sowe are not scared of a chargeback. We've processed millions online and we'd be“complete fools” if we didn't know how to secure our money.
Moving onward, we have also stated that we want tohelp you make money online – the kind of money Ruel was talking about. It's allpossible but you need to participate in the process – it seems as if you'retrying to get out of doing the work (just my opinion).
That being said, I want the call to focus around“making money” - rather than trying to get a refund. We are not interested ingiving you a refund; however, we are interested in helping you make moneyonline.
What do say John?
Re: Breach of Contract
Thursday, August 20 8:42 Pm
Hi John,
Yesterday I was so relieved to hear you say that
You and Joseph will deliver what Ruel has promised. You said you will
Draw up a new plan and call me today.
I postponed my other duties and waited for your
Call.
As of this evening - nothing - no plan, no call,
No correspondence.
With all due respect, I want to bring it to your
Attention that you are currently in breach of contract.
Failure to fulfill what you said you would do by
Tomorrow evening, will constitute and confirm an acknowledgment on your
Part, that you are in breach of our contract.
You mentioned that it is your opinion that
I do not want to work. Yesterday Joseph also asked me the same question.
In case you still harbor that opinion, may I
Answer it this way.
Just imagine for a moment you take your
Mercedes to be repaired, and the mechanic says it is going to cost you
$30,000. You agree and pay him up front. He then says for his company to
Begin the work, you have to sign an agreement. What he promised to do and
What is in the agreement is vastly different. When you object, he
Assures you verbally that the agreement is drawn up by lawyers to protect
The company's repair methods, and not to worry about it. If your car is
Not repaired to your satisfaction, he gives you his word you will get all
Your money back.
He sounds trustworthy, and assures you all
Conversations are recorded. Because you have already paid, and want your
Car fixed, you trust him.
When you come to collect your car, the
Mechanic is nowhere to be seen. The owner however turns up, and entertain
You lavishly with chef prepared meals and accommodation which you enjoy
And accept, waiting for your car.
When you finally see your car, nothing has been
Done.
When you ask the owner to complete the
Repairs or give you your money back as the mechanic has promised, he gets
Angry, mentions all the entertainment he has done, and accuses you of
Being a criminal.
He also refuses your repeated requests to speak
With the mechanic.
A week later he invites you back to his
Workshop. He apologizes for calling you a criminal. Then ask you to
State on camera how happy you are with his service.
When you object to lying on camera, he says
Repairing cars and ethics don't mix.
A week later you still don't have your car.
When you ask him for a refund again, he says it
Seems as if you are trying to get out of doing any work.
The above story might sound ridiculous,
But there are others that seem to have had the same experience.
I quote a former client of yours:
"The sad
Thing is that they never did any work. That's right& they did nothing
And yet expected to get $2399 for doing nothing."
John
Columbia
With all due respect, your opinion that I do not want to work, is
Simply without merit and I find that offensive. My track record proves
That.
Furthermore, Joseph asked me questions
About my life that were a bit strange and made me feel uneasy. Like why
Did I want to buy a Gas Station with the money I earn, when we just walk
On the
Island?
This morning when you did not call, I became
More suspicious.
I could be entirely wrong, and if I am, please
Ignore this. If Joseph tried to trap me into saying something that later
Could be used to defame me or against me, I make the following
Disclaimer:
"Anything that was said to Joseph yesterday
During our conversation, does not necessarily reflect my believes or
Opinions, and all liabilities are limited to that."
If I do not hear from you by tomorrow with
A solid, ethical plan to be on the $15000 to $20000 per week income as
Ruel and you promised, you leave me no other choice but to start on the
Next step.
Sincerely,
John
Internet servicescontract supplement
This agreement betweenJohn (hereinafter customer) and IncFortune, Inc. (hereinafter company) is madeas a supplement to the contract between the two parties entered into on
July 10. Thatoriginal agreement remains in full force and effect and is incorporated byreference as though fully set forth herein.
The customer agrees to waive any further claims forany refund either full or in part.in exchange for said waiver, companyagrees to go beyond the terms of the original agreement by providing customerwith the first 1000 leads for his internet business.
This supplemental agreement is made in the spirit ofreigniting the relationship between the parties in their search for internetbusiness success.
This new offer is for 1000 leads that according to you will cost you$300. That is not what I paid $30,000 for. Neither is it a solid plan formyself earning what Ruel has promised.
I was very disappointed that I had been lied to once again.
On 8/22/09 I wrote this;
Dear James and John,
Thankyou for the new offer. I have to decline this, due to the following reasons.
Youare now clearly in breach of contract.
1. The basis that I entered and signed your agreement is that everything I do, must be ethical. John has asked me to lie on video. When I objected, hesaid ethics and marketing don't mix. He asked me to break the law.
BBBhave given you an "F" rating for Pushtraffic. These are theircomments;
"We strongly question the company's reliability forreasons such as that they have failed to respond to complaints,
Theiradvertising is grossly misleading, they are not in compliance with thelaw's licensing or registration requirements,
Theircomplaints contain especially serious allegations, or the company's industry isknown for its fraudulent business practices."
Aspushtraffic is owned by John, the same applies to INCFORTUNE.
"Theway we do anything, is the way we do everything"
QuoteHarv T Ecker.
Thatplus the numerous serious complaints of your clients on the internet, provesthat that you are habitually breaking the law and deceiving the public
Thisin itself is a criminal act, with very serious potential ramifications.
Theinformation above, is indubitable evidence of your willful misconduct
Iwould remind you of Paragraph4
1.inDEMNITY: The User agrees to defend, indemnify and hold INCFORTUNE, and it's officers, directors, employees, independent contractors, instructors, coaches and their relatedcompanies harmless from and against all damages, liabilities, costs, losses, expenses, claims, and/or judgments, including legal costs and reasonableattorney's fees, and disbursements which any of them may incur or becomeobligated to pay arising out of or resulting from (I.) the activities of theUser pursuant to this agreement part of INCFORTU (with the exception of willful misconduct on thepart of INCFORTUNE) and (II.) the breach by the User of any of itsrepresentation, warranties, covenants, obligations, agreements or duties underthis Agreement (with the exception of the breach of/or a default under anyother agreement, instrument, order, law or regulation applicable to INCFORTUNEor by which it may be bound), and claims of injury or otherwise arising from thesales of any products or services pursuant to this Agreement.
2. Verbally it waspromised by Ruel, and confirmed by Joseph and David Sipes as being possible, that your company will set up my business so that I will earn between $15000and $20000 per week.
Itis now more than 60 days after my initial investment. I have earned Zero moneyas of today's date
Thatis willful misconduct - Ruel intentially lied to me, and David and Joseph didnot correct that.
3. Joseph has written it is possible, David have said it is possible, and Ruel hasgiven me his solemn word, that I am entitled to a full refund should I not makemy investment back within 30 days.
Ihave written that condition as the basis on which I have signed your agreement, and you have accepted that.
Youhave continually refused my request for a refund
Thatis willful misconduct
4.in your agreement, you state that you will provide service and help for me tobuild my business.
Theonly person that is qualified to teach me, is someone that is currently earningbetween $15000 to $20000 per week himself or herself
Teak, the man you have given to help me, is not qualified to help me, as he is atechnician. He has no experience of earning money on the internet
Hehas so far had 2 sessions with me. Ten days ago, I asked him to send methe login details of my accounts that he has setup - as of today -no response.
Thatis willful misconduct
5. Ruel Mitchell has promised me that all traffic for my site will come from freetraffic, and I don't have to spend any more money. He also gave me his wordthat I will get a full refund if I don't make the $30000 back in 30 days. Healso said I am on a higher income level, because I paid more. Those were allblatant lies. The other participants at the
Malibu Mansion paid $10000 for the same promisedincome level.
Yoursales staff are all trained to tell the same or similar lies - by Incfortune, Pushtraffic or Jumplaunch. As you have never denied that, it is an undeniablefact that you are fully aware of.
Thatis willful misconduct, and breaking the law intentionally.
Underparagraph One you have this statement. User agrees the amount of the liquidated damages forbreach of the confidentiality agreement is $25,000.
What is good for you, is also good for yourclients, wouldn't you agree?
You have breached thecontractual agreement, by breaking the law and willful misconduct.
Your breaching of the contract has caused me considerablephysical, mental and emotional trauma, as well loss of time and income byhaving to focus on resolving this issue.
By not resolving this issue to my satisfactionwithin the next 48 hours, you agree that $25000 will be fair compensation tome, above the $30,000 to be refunded.
Sincerely,
John
Yourreply on 08/23
John -
At this point we feel as if you're playinggames with us. We are no longer interested in revising any existing writtenagreement between YOU and “IncFortune”.
IncFortune has nothing to do with PushTraffic, Inc, nor the “F” rating.
Therefore we have contacted our processor andattorney and we are prepared to enter a dispute if you elect to do so. Keep inmind after the dispute is settled in our favor we will no longer service orsupport you since you breached the contract.
If you elect to work together, then we need yourundivided attention and cooperation.
Best,
John
From your response, I was satisfiedthat you have no intention to act in an honorable way, and decided to draw upthis document.
With your site www.infortune.com you became even bolder with yourwillful deception of the public.
At the bottom you display this -copyright @ 2001 - 2009
Fact – You started work for a hosting company in butIncfortune was only started on 18 January (whois) This was also verballyconfirmed by you.
This is yet another irrefutable example of your twistingthe truth, with intention to deliberately deceive and defraud the public
When you go to your other website www.jumplaunch.com, the following buttons are ondisplay at the bottom;
Best winner top pick 2007 and editors choice
During our training on your Malibu mansion, you laughed and joked thatyou yourself actually voted and picked your own service as the best.
At the time it shocked methat you were so comfortable, and even found it funny that you intentionallylie and deceive the public.
The following testimonials ofyour costumers, makes it obvious that they do not share your sense of humor.
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