Erin Botsford, The Advisor Authority – 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.
All purchases made on the Website are subject to this Section (the “Terms of Sale”). By placing an order for products or services from this Website, you affirm that you are of legal age to enter into this agreement, and you accept and are bound by these Terms of Sale. You affirm that if you place an order on behalf of an organization or company, you have the legal authority to bind any such organization or company to these Terms of Sale.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS OF SALE, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) THE LEGAL AGE TO FORM A BINDING CONTRACT WITH US, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, PRODUCTS, OR SERVICES BY APPLICABLE LAW.
In the event of any inconsistency between these Terms of Sale and our Website Terms of Service/Use, and/or Privacy Policy, the provisions of these Terms of Sale will control.
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.
Order Acceptance and Cancellation:
You agree that your order is an offer to buy, under these Terms of Sale, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you.
We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order information and details of the items you have ordered.
Prices and Payment Terms:
All prices, discounts, and promotions posted on this Website are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and may be set out in your order confirmation email. Subject to our right to increase the cost of subscription-based services (as noted in the Section entitled “Sale of Subscription Services” below), price increases will only apply to orders placed after such changes.
Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges (if applicable) will be added to your purchase total and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
We may offer from time to time promotions on the Website that may affect pricing and that are governed by terms and conditions separate from these Terms of Sale. If there is a conflict between the terms for a promotion and these Terms of Sale, the promotion terms will govern.
Terms of payment are within our sole discretion, and payment must be received by us in the manner specified on the Website before our acceptance of an order. If using a credit card, you represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if applicable, regardless of the amount quoted on the Website at the time of your order.
Sale of Goods:
The Website may from time to time offer the sale of tangible products (“goods”) to you. We will arrange for shipment of goods to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are a reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order. Title and risk of loss pass to you upon our transfer of the goods to the shipping carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
Unless a return policy for goods is posted on the Website at the time of your purchase, the sale of all goods on the Website is final and non-returnable. However, to the extent a return policy is posted on the Website at the time of your purchase, we will accept a return of any goods pursuant to such return policy. To return goods, you must email us at [email protected] before shipping your goods. No returns of any type will be accepted without first emailing us as specified above. You are responsible for all shipping and handling charges on returned goods. You bear the risk of loss during shipment. Your refund will be credited back to the same payment method used to make the original purchase on the Website. If you can show that a good shipped by us was in defective condition before being given over to the carrier for shipment to you, we will accept a return of the defective good and provide a replacement to you if available (or refund your purchase price if no replacement is available).
Sale of Courses/Subscription/Membership Services:
The Website may offer e-courses or subscription services (or subscription membership programs) for specified users (“Subscription Services”). By selecting a Subscription Service, you agree to pay us the subscription or usage fees indicated for that service on the Website. Payments for subscription services will be charged on the day your Subscription Service goes into effect and will cover the use of that service for the period indicated. Thereafter, you agree that monthly payments (or other periodic payments as specified on the Website at the time of purchase) will continue to be charged to your credit card on a recurring basis until you cancel your Subscription Service. The amount of the recurring charge will be the then-current subscription fee applicable to the Subscription Service you selected. You acknowledge that the amount of the recurring charge may increase if the applicable subscription fee increases. Subscription Services must be cancelled in writing (by email to [email protected]) at least thirty (30) days prior to your next recurring payment in order to avoid billing of the next Subscription Service recurring payment. Subscription Service fees are not prorated or refundable, unless expressly stated otherwise on the Website.
If your payment method fails or your account is past due, we reserve the right to either suspend or terminate your Subscription Services. Any such suspension or termination will result in the cancellation of any promotional programs applicable to your Subscription Services. You agree to submit any disputes regarding any charge to your account in writing (at the email address above) to us within sixty (60) days after such charge, otherwise such dispute is waived by you and such charge will be final and not subject to challenge.
Warranty and Disclaimers Relating to Purchases:
OUR COMPANY MAKES NO GUARATEE THAT IT WILL ACCOMPLISH ANY PARTICULAR RESULT FOR YOU OR YOUR BUSINESS, AND THE COMPANY WILL NOT GUARANTEE THE DELIVERY OR PERFORMANCE OF ANY DELIVERABLES OR SERVICES EXCEPT AS IS EXPRESSLY AGREED UPON IN WRITING. ALL PRODUCTS AND SERVICES OFFERED ON THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
WITHOUT LIMITING THE FOREGOING, YOU MAY FROM TIME TO TIME VIEW INSTRUCTIONAL MATERIALS AND VIDEOS THROUGH THE WEBSITE. YOU UNDERSTAND THAT EVERY PERSON’S SITUATION IS DIFFERENT, AND THAT THE COMPANY AND ITS REPRESENTATIVES ARE NOT ABLE TO DETERMINE WHETHER ITS INSTRUCTIONAL MATERIALS ARE APPROPRIATE FOR YOU. NEITHER THE COMPANY NOR ANY PRESENTER OF SUCH INSTRUCTIONAL MATERIALS OR INFORMATION MAKES ANY CLAIM, GUARANTEE, OR WARRANTY THAT THEIR INFORMATION OR PROGRAMS ARE EFFECTIVE OR APPROPRIATE IN ANY CERTAIN SITUATION. THE WEBSITE VIDEOS AND MATERIALS ARE PROVIDED FOR LEARNING PURPOPSES, BUT ANY PERSON ATTEMPTING TO UTILIZE SUCH INFORMATION AND PROGRAMS MUST RELY UPON HIS/HER OWN JUDGMENT IN DETERMINING WHETHER, HOW, AND IN WHAT SITUATIONS TO UTILIZE THE INFORMATION AND PROGRAMS ON THE WEBSITE. BECAUSE EVERY PERSON IS UNIQUE, YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST THE COMPANY (AND THE PRESENTER OF ANY INFORMATION ON THE WEBSITE) THAT RELATE IN ANY WAY TO THE INSTRUCTIONAL MATERIALS, VIDEOS, AND OTHER PROGRAMS AND INFORMATION PRESENTED ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY CLAIM FOR NEGLIGENCE, GROSS NEGLIGENCE, FRAUD, OR MISREPRESENTATION.
YOU FURTHER AGREE TO THE TERMS OF OUR EARNINGS DISCLAIMER WITH RESPECT TO YOUR PURCHASES ON THE WEBSITE.
We do not manufacture or control any third-party products or third-party services offered on our Website. The availability of third-party products or services through our Website does not indicate an affiliation with or endorsement of any product, service, manufacturer, or service-provider or business. Accordingly, we do not provide any warranties with respect to the third-party products or services offered on our Website.
Limitation of Liability:
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS OF SALE OR THE SALE OF PRODUCTS AND SERVICES TO YOU, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER RELATED TO OUT PRODUCTS AND/OR SERVICES, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR WEBSITE.
Purchases of Products/Courses/Services:
The following terms will apply to any purchases of products or services you make from us:
1. 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.
2. Our products or services may be subject to availability, including the availability of third-party providers or subcontractors.
3. 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.
4. 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.
5.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:
1. The information presented in the websites is intended to be for your educational and entertainment purposes only.
2. 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.
3. 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.
4. 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.
5. 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.
1. 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.
2. 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- Intellectual Property
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.
Assignment
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.
Dispute Resolution
The following terms will apply to any dispute that arises between you and Company pertaining to the subject matter of these Terms of Sale:
1. These Terms of Sale will be governed and interpreted in accordance with the laws of state of governing law, regardless of conflict of laws.
2. 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.
1. Any lawsuit pertaining to the subject matter of these Terms of Sale can only be brought in the state of Texas. You and Company agree to submit to the personal jurisdiction of the state of Texas. You and Company also irrevocably consent to a bench trial on any such lawsuit, and irrevocably waive any right to a jury trial.
2. 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. Severability
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.
Notices
Notice to Company under these Terms of Sale must be sent in writing to [email protected].
All purchases made on the Website are subject to this Section (the “Terms of Sale”). By placing an order for products or services from this Website, you affirm that you are of legal age to enter into this agreement, and you accept and are bound by these Terms of Sale. You affirm that if you place an order on behalf of an organization or company, you have the legal authority to bind any such organization or company to these Terms of Sale.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS OF SALE, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) THE LEGAL AGE TO FORM A BINDING CONTRACT WITH US, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, PRODUCTS, OR SERVICES BY APPLICABLE LAW.
In the event of any inconsistency between these Terms of Sale and our Website Terms of Service/Use, and/or Privacy Policy, the provisions of these Terms of Sale will control.
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.
Order Acceptance and Cancellation:
You agree that your order is an offer to buy, under these Terms of Sale, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you.
We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order information and details of the items you have ordered.
Prices and Payment Terms:
All prices, discounts, and promotions posted on this Website are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and may be set out in your order confirmation email. Subject to our right to increase the cost of subscription-based services (as noted in the Section entitled “Sale of Subscription Services” below), price increases will only apply to orders placed after such changes.
Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges (if applicable) will be added to your purchase total and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
We may offer from time to time promotions on the Website that may affect pricing and that are governed by terms and conditions separate from these Terms of Sale. If there is a conflict between the terms for a promotion and these Terms of Sale, the promotion terms will govern.
Terms of payment are within our sole discretion, and payment must be received by us in the manner specified on the Website before our acceptance of an order. If using a credit card, you represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if applicable, regardless of the amount quoted on the Website at the time of your order.
Sale of Goods:
The Website may from time to time offer the sale of tangible products (“goods”) to you. We will arrange for shipment of goods to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are a reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order. Title and risk of loss pass to you upon our transfer of the goods to the shipping carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
Unless a return policy for goods is posted on the Website at the time of your purchase, the sale of all goods on the Website is final and non-returnable. However, to the extent a return policy is posted on the Website at the time of your purchase, we will accept a return of any goods pursuant to such return policy. To return goods, you must email us at [email protected] before shipping your goods. No returns of any type will be accepted without first emailing us as specified above. You are responsible for all shipping and handling charges on returned goods. You bear the risk of loss during shipment. Your refund will be credited back to the same payment method used to make the original purchase on the Website. If you can show that a good shipped by us was in defective condition before being given over to the carrier for shipment to you, we will accept a return of the defective good and provide a replacement to you if available (or refund your purchase price if no replacement is available).
Sale of Courses/Subscription/Membership Services:
The Website may offer e-courses or subscription services (or subscription membership programs) for specified users (“Subscription Services”). By selecting a Subscription Service, you agree to pay us the subscription or usage fees indicated for that service on the Website. Payments for subscription services will be charged on the day your Subscription Service goes into effect and will cover the use of that service for the period indicated. Thereafter, you agree that monthly payments (or other periodic payments as specified on the Website at the time of purchase) will continue to be charged to your credit card on a recurring basis until you cancel your Subscription Service. The amount of the recurring charge will be the then-current subscription fee applicable to the Subscription Service you selected. You acknowledge that the amount of the recurring charge may increase if the applicable subscription fee increases. Subscription Services must be cancelled in writing (by email to [email protected]) at least thirty (30) days prior to your next recurring payment in order to avoid billing of the next Subscription Service recurring payment. Subscription Service fees are not prorated or refundable, unless expressly stated otherwise on the Website.
If your payment method fails or your account is past due, we reserve the right to either suspend or terminate your Subscription Services. Any such suspension or termination will result in the cancellation of any promotional programs applicable to your Subscription Services. You agree to submit any disputes regarding any charge to your account in writing (at the email address above) to us within sixty (60) days after such charge, otherwise such dispute is waived by you and such charge will be final and not subject to challenge.
Warranty and Disclaimers Relating to Purchases:
OUR COMPANY MAKES NO GUARATEE THAT IT WILL ACCOMPLISH ANY PARTICULAR RESULT FOR YOU OR YOUR BUSINESS, AND THE COMPANY WILL NOT GUARANTEE THE DELIVERY OR PERFORMANCE OF ANY DELIVERABLES OR SERVICES EXCEPT AS IS EXPRESSLY AGREED UPON IN WRITING. ALL PRODUCTS AND SERVICES OFFERED ON THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
WITHOUT LIMITING THE FOREGOING, YOU MAY FROM TIME TO TIME VIEW INSTRUCTIONAL MATERIALS AND VIDEOS THROUGH THE WEBSITE. YOU UNDERSTAND THAT EVERY PERSON’S SITUATION IS DIFFERENT, AND THAT THE COMPANY AND ITS REPRESENTATIVES ARE NOT ABLE TO DETERMINE WHETHER ITS INSTRUCTIONAL MATERIALS ARE APPROPRIATE FOR YOU. NEITHER THE COMPANY NOR ANY PRESENTER OF SUCH INSTRUCTIONAL MATERIALS OR INFORMATION MAKES ANY CLAIM, GUARANTEE, OR WARRANTY THAT THEIR INFORMATION OR PROGRAMS ARE EFFECTIVE OR APPROPRIATE IN ANY CERTAIN SITUATION. THE WEBSITE VIDEOS AND MATERIALS ARE PROVIDED FOR LEARNING PURPOPSES, BUT ANY PERSON ATTEMPTING TO UTILIZE SUCH INFORMATION AND PROGRAMS MUST RELY UPON HIS/HER OWN JUDGMENT IN DETERMINING WHETHER, HOW, AND IN WHAT SITUATIONS TO UTILIZE THE INFORMATION AND PROGRAMS ON THE WEBSITE. BECAUSE EVERY PERSON IS UNIQUE, YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST THE COMPANY (AND THE PRESENTER OF ANY INFORMATION ON THE WEBSITE) THAT RELATE IN ANY WAY TO THE INSTRUCTIONAL MATERIALS, VIDEOS, AND OTHER PROGRAMS AND INFORMATION PRESENTED ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY CLAIM FOR NEGLIGENCE, GROSS NEGLIGENCE, FRAUD, OR MISREPRESENTATION.
YOU FURTHER AGREE TO THE TERMS OF OUR EARNINGS DISCLAIMER WITH RESPECT TO YOUR PURCHASES ON THE WEBSITE.
We do not manufacture or control any third-party products or third-party services offered on our Website. The availability of third-party products or services through our Website does not indicate an affiliation with or endorsement of any product, service, manufacturer, or service-provider or business. Accordingly, we do not provide any warranties with respect to the third-party products or services offered on our Website.
Limitation of Liability:
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS OF SALE OR THE SALE OF PRODUCTS AND SERVICES TO YOU, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER RELATED TO OUT PRODUCTS AND/OR SERVICES, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR WEBSITE.
Purchases of Products/Courses/Services:
The following terms will apply to any purchases of products or services you make from us:
1. 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.
2. Our products or services may be subject to availability, including the availability of third-party providers or subcontractors.
3. 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.
4. 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.
5.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:
1. The information presented in the websites is intended to be for your educational and entertainment purposes only.
2. 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.
3. 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.
4. 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.
5. 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.
1. 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.
2. 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- Intellectual Property
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.
Assignment
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.
Dispute Resolution
The following terms will apply to any dispute that arises between you and Company pertaining to the subject matter of these Terms of Sale:
1. These Terms of Sale will be governed and interpreted in accordance with the laws of state of governing law, regardless of conflict of laws.
2. 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.
1. Any lawsuit pertaining to the subject matter of these Terms of Sale can only be brought in the state of Texas. You and Company agree to submit to the personal jurisdiction of the state of Texas. You and Company also irrevocably consent to a bench trial on any such lawsuit, and irrevocably waive any right to a jury trial.
2. 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. Severability
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.
Notices
Notice to Company under these Terms of Sale must be sent in writing to [email protected].