INCFORTUNE - PUSHTRAFFIC - JOHN PAUL RAYGOZA - JOSEPH MURPHY - DAVID SIPES - RUEL MITCHELL "ETHICS AND MARKETING DON'T MIX" Lod Angeles

Los Angeles, CA
90017

Attention:     

John Paul Raygoza

Dear John,

 I am writing to you, because I am very frustrated and disappointed with the way your company has treated me. I have made many requests for your business to rectify the situation I will describe below. Some emails have been shortened for editorial purposes and relavance.

 On 06/24/2009 Ruel Mitchell from your company phoned me, and said he represented Incfortune, a company that specializes in free traffic.

He said Incfortune has been training people to earn an income on the internet since 2001, and are currently earning 3 – 5 million dollars 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, set up a website, drive free traffic to this site, and my weekly net income is guaranteed to be between $3 to $5 thousand dollars per week.

For a $15000 investment I will have an income of $9 to $13 thousand per week

For a    $30,000 investment I am guaranteed an income of $15,000 to $20,000 per week

He was so specific about these figures, that I was becoming convinced that this could be a solid fail proof system. I was still somewhat skeptical.

I asked him if any further investment was required. He said no, as Incfortune specialized in and has perfected a free traffic system of a million visitors, that would be directed to my site every day. I will not have to pay anything extra.

He then asked me how I would like to receive payments if I qualify – cheques or telegraphic transfer. I said TT.

I said I am interested in the $30000 position, but will only have the money in 30 days

I looked   up   www.incfortune.com   and all looked legitimate. At the bottom it even has copyright from 2001 – 2009, giving the impression the company has been around since 2001

I also searched for scams on Incfortune, but could not find any. 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 my business immediately.

Incfortune will keep the money for me that my website earns, until I pay the extra $15000

If I do not make at least $30000 in my first month, I will get a full refund.

This all sounded very legit to me, because Ruel gave me the assurance 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 been doing 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-2009 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-2009 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-2009 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-2009 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-2009 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-2009 05:22:14 PM

Transaction ID :   2513761309

  James sent me this agreement to sign. 

I am placing this publicly for anyone to view, as a moral obligation and duty to warn future potential victims of your most powerful "Trade Secret" 

 "Ethics and Marketing don’t mix."

 Any lie or deception, no matter how gross or exagurated, is permissable, taught and encouraged by you, if it will help you or your staff to get the public's credit card number. 

Incfortune agreement 

This agreement is entered into as of the   25TH   of June   2009 , between INCFORTUNE Inc.(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 certain INCFORTUNE technologies and proprietary trade secrets as set forth herein.  The User, in consideration of his/her present and future business relationships with INCFORTUNE, Inc , expressly agrees to abide by the terms contained herein.

 
1.    GENERAL STATEMENTS:

   INCFORTUNE 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, INCFORTUNE shall at all times maintain ownership of Trade Secrets and only grants use of them to the User exclusively under the scope of this agreement.    User agrees that any use of the Trade Secrets noted above and in Section 5 of this agreement for purposes of selling, trading or otherwise sharing with others for profit or any other uses outside the scope of this agreement will be deemed of this confidentiality agreement. 

 When a breach of the confidentiality agreement is proven, a liquidated damages liability will arise in light of the difficulty of measuring the amount of damages of this breach.    User agrees the amount of the liquidated damages for breach of the confidentiality agreement is $25,000. 

    
TRADE SECRET PRODUCTS AND/OR SERVICES :

  In exchange for the consideration of $ 15,000.00   the User shall receive the following custom designed trade secrets products and/or services.

·  Customized Educational Package Description:

·   Advanced Training Sessions

·   Blogging Mentorship

·   PPC Mentorship

·    Sales Copy Mentorship

·    Live, In-person Coaching (flight & room accommodations included)

·    DVD training videos

·    Instant Turnkey Website

The User understands and agrees that if the custom designed package of trade secrets products and/or services defined about includes INCFORTUNE’s online website creation, ecommerce, marketing and business development software, then the User shall then be responsible to pay a bi-annual hosting fee of   $ 118.80   to cover the costs associated with hosting the User’s website built with FrontAdmin software and hereby authorizes INCFORTUNE and/or its assigns to charge said monthly hosting fee (unless otherwise discussed): Monthly amount charged under following account   ( JumpLaunch, Inc.)

Signed: ______________________________

 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 INCFORTUNE of the same.  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, 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 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 hereby releases and agrees to indemnify and hold harmless INCFORTUNE, and all others claiming under or through INCFORTUNE, 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.  INCFORTUNE provides the vital tools as the foundation of succeeding in an internet business. Therefore, INCFORTUNE has not, cannot, and will not make any guarantee of success whether implicit or implied.   However, INCFORTUNE 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, INCFORTUNE 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, whichever comes first.

User Initials________

 4. INDEMNITY:

  The User agrees to defend, indemnify and hold INCFORTUNE, 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 INCFORTUNE) 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 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 INCFORTUNE during its business relationship with INCFORTUNE.

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

      I.  This will confirm that you have received and/or will be receiving confidential Trade Secrets information relating to specific business and technical information that is proprietary to INCFORTUNE.

II.  This proprietary Trade Secret information is being disclosed to the User solely for the purpose as outlined

             
III.  INCFORTUNE considers its 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

IV.   “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 INCFORTUNE 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 INCFORTUNE 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:  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 subject to 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 INCFORTUNE, postdated within the 3 business days as mandated by this contract. Business days consist of Monday – Saturday.    User may also cancel within 30 days of contract execution and receive a refund of 15% of the total paid. 

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 INCFORTUNE 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 Los Angeles, CA.  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 $15,000.00   to INCFORTUNE, in the form of a   credit card payment   through the following INCFORTUNE merchant account, or affiliate account:   INCFORTUNE, or JUMPLAUNCH, or YOURAFFILIATESUCCESS .  Sent by the following for the products and/or services defined herein:

 When I read the agreement, it was entirely a different story

It only offered 15% refund within 30 days, and did not guarantee any income. It stated it was effort based.

On June 28/2009 I phoned Ruel, and said I am not willing to sign this agreement, as it was vastly different from what he promised me.

He said that the agreement is drawn up by lawyers and does not state the true intent and agreement of the company. It is only drawn up to protect the propriety free traffic methods

When I asked him if I should write his promises on a separate paper and add it to the agreement, he said, no, the company cannot start my website unless the agreement is signed just as it is.

He assured me again that all calls are recorded, so I do not have to be concerned.

 I already paid, so felt committed, but also concerned. I sent this email to James Murphy on 06/28/2009.

(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 that he 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 only be equated with fraud when there is a legal or moral duty to speak, or when an inquiry left unanswered would be intentionally misleading…. We cannot condone this shocking conduct.. If that is the case we hope our message is clear. This sort of deception will not be tolerated and if this is routine it should be corrected immediately”

U.S.

  v. Tweel. 550 F2d 297. 299-300

  Ruel was so convincing and reassuring, and James did not deny what I wrote. I talked my wife into lending me the extra $15000.

  ==== BILLING INFORMATION ===

Customer ID :

First Name : John

Merchant :

 
INCFORTUNE.COM

Date/Time : 10-Jul-2009 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 be 100% sure that you are legit, and I submitted this email to Joseph Murphy, whom Ruel has said was one of the owners of the company

Sent:  Tuesday, July 14, 2009 3:16 PM

To:   James Murphy

Subject:   RE: IncFortune Service 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: IncFortune Service Agreement

 Date: Wednesday, July 15, 2009, 8:31 AM

John,

  What you have been told by Rule is indeed possible

( Fruad ) We will 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.

Thank You,

  James Murphy

 I received a call from Ana, a very nice sounding Lady. The same as Ruel, she asked if it is okay that this call is recorded. She asked to confirm our names, and the numbers of our credit cards. I stated for the record that Ruel have given me his word, and James has said that is indeed possible to get a full refund if I do not make the $30000 back 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, I asked 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 real owner was. Only later the next day did I meet John Raygoza, the true owner of Incfortune.
Nobody I asked told me this before.

 In hindsight, I realize why your identity cannot be made known to prospective clients.   Reading   comments about you and Pushtraffic on the internet, is not conducive to good business. Had I seen that before, I never would have agreed to give you any money.

 Alan gave a lecture on copywriting and said his main website for making money is one on acne removal.

He said refunds are not really a problem, as most people are too busy or forget to ask for a refund. I was curious that Alan himself had quite a few acne. The remedy he was promoting was obviously not working for him.

Only later did I understand why.

You actually laughed when you said the remedy was to put some candle wax on the acne. You said whether what you sell works or not, is not really important, as long as our sales copy is good.

You taught us about advertizing on Google through pay per click. You searched on Clickbank, picked the highest converting sales offer, did not even look or investigate whether it had any merit or truth, and advertised it on Google.

I was disturbed by your lack of integrity, but thought perhaps you just were in a hurry.

 On Friday July 24 we turned up at your office in LA, and I waited for all the work to be done for us as was promised.

When I finally saw that we got the same website and opportunity that I paid $118 for in May, I was deeply shocked.

The JumpLaunch Team

ORDER SUMMARY

Order Number............ 74283

Web Hosting............. $118.00

Setup................... $0.00

Sales Date.............. 2009/05/13 23:24:02

Domain..................  

(((Redacted)))

  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, he assured me verbally numerous times, that your company will put me on the $15000 to $20000 per week income level, without any effort on my part. He asked me to write down that your company will do ALL the work for me. He said it is all done by free traffic, and I don't have to invest anything more. He said if I put 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 back within 30 days, your company will give me a FULL refund. When I got the agreement to sign after I paid, almost nothing of what he promised was on the agreement. When I questioned him about the discrepancy between what he promised and the agreement, he said the agreement was drawn up by lawyers primarily to protect the propriety free traffic methods of your company, and did not reflect the true intent of what your company undertakes to deliver. When I asked him to put in writing what he promised, Rule assured me that all calls are recorded and reviewed by your company. He assured me that he cannot say 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   when I 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 did not 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 company I 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 the mirror every day. If all Rule said is true, I would love to promote your company and be a valuable 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 just to 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 from David Sipes .) ( FRAUD )

  An hour later you turned up.

I immediately asked you for a refund.

You refused to honor Ruel’s and David’s verbal promise, as well as James written promise.

You said you will only give me 15% of $30000

 I said this was clearly fraud and Ruel had to be held responsible. You said that you were not going to hold Ruel responsible for his obvious lies. You said that you already paid him the commission.

I could not understand why you would be so comfortable in not holding your sales staff responsible for such blatant lies and deception.

You said that you were aware that your sales people told lies. That is why you protected yourself with the lawyer’s letter.

I asked to speak with Ruel.

You accused me of being a criminal instead, and ask me to leave your office.

I was deeply shocked.

 On July 27 I wrote this email

Subject: RE: IncFortune Service Agreement

Date: Monday, July 27, 2009, 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 you office again, and I turned up on 8/5/09 as agreed. In your defense, you did apologize for calling me a criminal  You then wanted to make a video of me saying how much I endorse your company and products, and upload it on my site.

 I said that I cannot lie, as your company or products have not worked for me.

 You replied;

 Quote “

Ethics And Marketing Don’t Mix

.” End of quote.

  David Sipes agreed and 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 previous evidence I was deeply disturbed and shocked again that it is your standard practice 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 police and report the $15000 I borrowed from her as stolen, as what Ruel promised me is almost all lies, and I talked her into it believing what Ruel promised me to be true.

When no reply I wrote this on August 14

Hi J,

I really need help.

My wife has nearly driven me mad.

Would you please, please give me the refund as Ruel promised?

Can you kindly let me know ?

J

As of today’s date – no response.

 On August 15 I wrote this email

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 to require 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

  Hi John,

I am so relieved you want to resolve this matter.

 I wish to extend one more courteous opportunity to your company, to correct what has become a very unfair and difficult situation for me.

 Here are the simple facts and truth.

 When I submitted in writing to   Joseph Murphy   what Ruel promised me and assured me of verbally, he clearly knew that Ruel lied to me and deliberately 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 knew that you would not support that. He chose to be part of the deception, by not telling me and yourself immediately that Ruel had lied and committed fraud.

He was relying on your very clever and highly "slanted in your favor" legal agreement, to use as leverage to brush me off and ignore me should I ask for what Ruel has promised.

David Sipes did exactly the same verbally, by saying it is possible.

They all knew form past experience, that most consumers are ignorant or helpless, and do not have the time, money or resources to fight you in court.

Like you said, you have been in court seven times in one day.

Ana also chose not tell you immediately that something was wrong, when I clearly recorded that a full refund was promised to me should I not make the $30,000 back within 30 days.

You yourself also did not blink an eye when I told you about Ruel's deliberate and intentional deception and fraudulent statements.

Instead, you immediately checked whether I had signed your agreement, which makes it virtually impossible for anyone that has been cheated by you, to win in court.

  American Express   and   Paypal   have a reputation for being on the side of the consumer, and will not stand your deceptive practices. The fact that you do not accept any of those reputable and widely acceptable payment methods that is offered by most reputable companies, is further proof that you know 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 looked very smug when you told me I can do that, but I will see the charges back in two days.

You know that   MasterCard   and Visa require a lot more proof, and it is more difficult to get them to reverse the charges.

 

“The confidence a company has in the quality of their products, is reflected in their guarantee”

Quote - unknown

From my 28 years of business experience, I know that to be true.

As you have only 15% confidence in the quality of your product Incfortune, it would have been unthinkable of me to accept your 15% refund offer.

It is the lowest refund offer I have ever encountered anywhere.

 Only Reul's verbal assurance that the agreement is solely to protect your "copy written free traffic" methods, and the fact that he very empathetically gave me his   Word   on it, and Joseph's written statement that it is possible to get the refund, and Ana's acceptance of my recorded statement, made me go ahead.

As of today's date, I have had no free traffic or any sales.

Teak, who is supposed to do the work for me, has also not sent me the passwords to the website.

 This conclusive evidence clearly provides indisputable evidence and proof that it is standard and normal practice in your company to intentionally and deliberately deceive the public on a large scale.

There are at least two people, Yeun Young David and Eileen McCutcheon  among the many that I found on the Internet, that have felt so hurt and damaged by your deceptive actions, that they are considering a class action law suit against you.

This is only a partial list of your fraudulent and deceptive actions that I have recorded and noticed. I will only reveal the rest as a last resort.

 You can prove the above statements and facts wrong very easily.

Give me an immediate and courteous refund within the next 48 hours, and hold Ruel Mitchell, Joseph Murphy, David Sipes and Ana responsible for deliberately and intentionally deceiving me, and or condoning the deception and fraud of Ruel.

In defense of Ana, I must admit that she was the only one that sounded a bit surprised when I mentioned the refund guarantee.

From my experience, she could be one of the few honest people in your office.

 However, I wish to give you and your company one more opportunity to act as ethical, honorable and decent human beings.

If you refuse to do what is right and fair by me and give me the full refund within the next 48 hours, you leave me no choice but to take the next step. 

By refusing to give me the full refund of $30,000 within the next 48 hours, your refusal will serve as indisputable proof, that you and your staff have knowingly and willingly deceived me, and that you also encourage and allow your staff and sales people to do the same to the public.

This evidence will be submitted to the appropriate authorities. 

 I must admit, I’m very disappointed with what has happened and unhappy that your

business has not resolved this problem in a fair and equitable way.

 Looking forward to your favorable 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 because he’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 other customers – however, we are not dealing with their issues, we are dealing with your issue. Let’s keep it that way.

As far as   Amex , Mastercard, or Visa is concern – there is no way Visa or Mastercard will favor you in this case so we 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 to help you make money online – the kind of money Ruel was talking about. It’s all possible but you need to participate in the process – it seems as if you’re trying 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 in giving you a refund; however, we are interested in helping you make money online.

What do say John?

 

Re: Breach of Contract

Thursday, August 20, 2009 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 SERVICES CONTRACT SUPPLEMENT

 This agreement between John (hereinafter customer)and IncFortune, Inc. (hereinafter company) is made as a supplement to the contract between the two parties entered into on 

July 10, 2009.    That original agreement remains in full force and effect and is incorporated by reference as though fully set forth herein. 

 The customer agrees to waive any further claims for any refund either full or in part.      In exchange for said waiver, company agrees to go beyond the terms of the original agreement by providing customer with the first 1000 leads for his internet business. 

 This supplemental agreement is made in the spirit of reigniting the relationship between the parties in their search for internet business 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 for myself 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,

Thank you for the new offer. I have to decline this, due to the following reasons.

You are 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, he said ethics and marketing don't mix. He asked me to break the law.

BBB have given you an "F" rating for Pushtraffic. These are their comments;

  "We strongly question the company’s reliability for reasons such as that they have failed to respond to complaints,  

their advertising is grossly misleading , they are not in compliance with the law’s licensing or registration requirements,  

their complaints contain especially serious allegations, or the company’s industry is known for its fraudulent business practices."

As pushtraffic is owned by John, the same applies to INCFORTUNE.

"The way we do anything, is the way we do everything"

Quote  Harv T Ecker.

That plus the numerous serious complaints of your clients on the internet, proves that that you are habitually breaking the law and deceiving the public

This in itself is a criminal act, with very serious potential ramifications.

 The information above, is indubitable evidence of your willful misconduct

 I would 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 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  part of INCFORTU (with the exception of willful misconduct on the part of INCFORTUNE ) 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 may be bound), and claims of injury or otherwise arising from the sales of any products or services pursuant to this Agreement.

  2. Verbally it was promised 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 $15000 and $20000 per week.

It is now more than 60 days after my initial investment. I have earned Zero money as of today's date

That is willful misconduct - Ruel intentially lied to me, and David and Joseph did not correct that.

3. Joseph has written it is possible, David have said it is possible, and Ruel has given me his solemn word, that I am entitled to a full refund should I not make my investment back within 30 days.

I have written that condition as the basis on which I have signed your agreement, and you have accepted that.

 You have continually refused my request for a refund

 That is willful misconduct

4. In your agreement, you state that you will provide service and help for me to build my business.

 The only person that is qualified to teach me, is someone that is currently earning between $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 a technician. He has no experience of earning money on the internet

He has so far had 2 sessions with me.  Ten days ago, I asked him to send me the login details of my accounts that he has setup - as of today -no response.

That is willful misconduct

5. Ruel Mitchell has promised me that all traffic for my site will come from free traffic, and I don’t have to spend any more money. He also gave me his word that I will get a full refund if I don't make the $30000 back in 30 days. He also said I am on a higher income level, because I paid more. Those were all blatant lies. The other participants at the  

Malibu   Mansion   paid $10000 for the same promised income level.

Your sales 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 undeniable fact that you are fully aware of.

 That is willful misconduct, and breaking the law intentionally.

 Under paragraph One you have this statement.   User agrees the amount of the liquidated damages for breach of the confidentiality agreement is $25,000. 

What is good for you, is also good for your clients, wouldn’t you agree?

You have breached the contractual agreement, by breaking the law and willful misconduct.

 Your breaching of the contract has caused me considerable physical, mental and emotional trauma, as well loss of time and income by having to focus on resolving this issue.

By not resolving this issue to my satisfaction within the next 48 hours, you agree that $25000 will be fair compensation to me, above the $30,000 to be refunded.

Sincerely,

John

 Your reply on 08/23/2009

  John -

At this point we feel as if you’re playing games with us. We are no longer interested in revising any existing written agreement between YOU and “IncFortune”.

IncFortune has nothing to do with PushTraffic, Inc, nor the “F” rating.

Therefore we have contacted our processor and attorney and we are prepared to enter a dispute if you elect to do so. Keep in mind after the dispute is settled in our favor we will no longer service or support you since you breached the contract.

If you elect to work together, then we need your undivided attention and cooperation.

Best,

John

  From your response, I was satisfied that you have no intention to act in an honorable way, and decided to draw up this document.

 With your site   www.infortune.com   you became even bolder with your willful deception of the public.

At the bottom you display this - copyright @ 2001 - 2009

Fact – You started work for a hosting company in 2001, but Incfortune was only started on 18 January 2009 (whois) This was also verbally confirmed by you.

This is yet another irrefutable example of your twisting the truth, with intention to deliberately deceive and defraud the public

When you go to your other website   www.jumplaunch.com , the following buttons are on display at the bottom;

BEST WINNER 2007,    TOP PICK    2007     and    EDITORS CHOICE

 During our training on your   Malibu   mansion, you laughed and joked that you yourself actually voted and picked your own service as the best.

 At the time it shocked me that you were so comfortable, and even found it funny that you intentionally lie and deceive the public.

The following testimonials of your costumers, makes it obvious that they do not share your sense of humor.