TERMS OF Sale
Standard Terms of Sale
These standard terms of sale (the “Terms of Sale”) govern Company’s (“Company”, “we”, “us” or “our”) sales to you pursuant to the terms and conditions below.
ACCEPTANCE OF TERMS
These Terms of Sale are effective upon the earliest of (i) your first purchase of any of our products or services or (ii) your acceptance of these Terms of Sale.
PURCHASES OF PRODUCTS OR SERVICES
The following terms will apply to any purchases of products or services you make from us:
a. Quotes and prices pertaining to our products or services are not offers to sell those products or services, but rather invitations for offers to purchase those products or services. Your purchase of our products or services is subject to our acceptance, and may therefore be rejected for any reason whatsoever.
b. Our products or services may be subject to availability, including the availability of third-party providers or subcontractors.
c. We may revise or discontinue products or services at any time, including after you purchase them but before your purchase is fulfilled. As a result, the products or services you receive might slightly differ from those ordered. Nonetheless, products and services will meet or exceed all published specifications.
d. Payment will be due as specified in our quotes, prices, and other invitations for offers. We may immediately suspend performance of any purchase in case you are is late with any portion of payment, regardless of whether the tardiness arises from separate purchases. We may charge interest on any late penalties, and may refer any outstanding balances to external collection agencies. We may also seek any other remedy available to us by law.
e. We retain sole discretion to determine when to issue refunds. We will not issue any refunds any later than discount deadline after your purchase of the given product or service. Any statements pertaining to money-back guarantees made by us is subject to this provision.
Disclaimers and Limitations
All Products and Services are subject to the following disclaimers regarding earnings:
a. The information presented in the websites is intended to be for your educational and entertainment purposes only.
b. We are not presenting you with a business opportunity, franchise, distributorship, agency, employment relationship, partnership, vendor relationship, or any other form of legal affiliation or joint venture.
c. We are not making any claims as to income you may earn. There are no average earnings. Testimonials and statements of individuals are not to be construed as claims or representations of average earnings. We cannot, does not, and will not make any claims as to earnings, average, or otherwise. Where income figures are mentioned (if any), those income figures are anecdotal information passed on to us concerning the results achieved by the individual sharing the information. We have performed no independent verification of the statements made by those individuals. Please do not assume that you will make those same income figures.
d. The information presented in the websites is not legal advice, accounting advice, tax advice, or any other type of professional advice. Please use caution and seek the advice your own personal professional advisors, such as your attorney and your accountant.
e. Our materials may contain information that includes or is based upon forward-looking statements within the meaning of the securities litigation reform act of 1995. Forward-looking statements give expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts. They use words such as “anticipate,” “estimate,” “expect,” “project,” “intend,” “plan,” “believe,” and other words and terms of similar meaning in connection with a description of potential earnings or financial performance. Any and all forward looking statements in the materials are intended to express opinion of earnings potential. They are opinions only and should not be relied upon as fact.
f. We will not be liable for any incidental, indirect, punitive, special or consequential damages arising out of or in connection with our products or services. That includes, but is not limited to, (i) any loss of revenue, income, profit, or savings; (ii) any lost or corrupted date or software; (iii) any loss of business opportunity; (iv) any business interruption or downtime; and (v) any costs incurred in the procurement for substitute products or services.
g. EXCEPT AS EXPRESSLY STATED IN ANY EXPRESS WARRANTIES, ALL PRODUCTS, SERVICES AND DOCUMENTATION ARE SOLD “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE MAKE NO EXPRESS OR IMPLIED WARRANTY WITH RESPECT TO ANY OF THE PRODUCTS OR SERVICES, INCLUDING BUT NOT LIMITED TO ANY WARRANTY (I) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, SUITABILITY, OR NON-
Our products or services are protected pursuant to copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. We retain all right, title, and interest in the intellectual property (including all copyrights, patents, trademarks, trade secrets, and trade dress) embodied in our products or services. The purchase of our products or services does not authorize you to resell those products or services, or to claim any authorship or other intellectual property rights over those products or services.
We have the right to assign, subcontract, or delegate in whole or in part these Terms of Sale, or any of its rights, duties, obligations or liabilities. If we do so, we will remain responsible for the delivery of any products or services already purchased. You may not assign any of your rights under these Terms of Sale to any other party.
The following terms will apply to any dispute that arises between you and Company pertaining to the subject matter of these Terms of Sale:
a. These Terms of Sale will be governed and interpreted in accordance with the laws of state of governing law, regardless of conflict of laws.
b. Should a dispute arise between you and Company, we will attempt to resolve that dispute through negotiation, rather than litigation. If we are unable to reach a resolution with you within 30 days of the start of the dispute, either you or us may resort to any other remedy available at law.
c. Any lawsuit pertaining to the subject matter of these Terms of Sale can only be brought in the state or federal courts of state of governing law. You and Company agree to submit to the personal jurisdiction of those courts. You and Company also irrevocably consent to a bench trial on any such lawsuit, and irrevocably waive any right to a jury trial.
d. Neither you nor us may join or consolidate claims by or against other parties that may be subject to these Terms of Sale. You may not pursue any claim in a class action or in a private attorney general capacity.
These Terms of Sale represent the entire agreement between you and Company with respect to their subject matter. They supersede all other agreements, whether prior or contemporaneous, between you and Company with respect to that same subject matter. Should any provision in these Terms be found to be invalid or unenforceable, that provision shall be severed, and the remaining provisions shall remain in full force and effect.
Notice to Company under these Terms of Sale must be sent in writing to email address [email protected]