TERMS AND CONDITIONS
(V1.1 – Effective May 15th, 2010)
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO
YOUR USE OF THIS SITE AND THE PRODUCTS AND SERVICES PROVIDED HEREUNDER
CAREFULLY. By i) using this site,
ii) purchasing any products or services from Secret Headquarters, Inc
(“COMPANY”) or iii) utilizing any of the products or services from COMPANY
through this site, you are deemed to have agreed to these Terms and Conditions.
We reserve the right to modify them at any time. You should check these Terms
and Conditions periodically for changes. By using this site after we post any
changes to these Terms and Conditions, you agree to accept those changes,
whether or not you have reviewed them. With regard to products and services
purchased or utilized from COMPANY, the version of these Terms and Conditions
that were posted at the time of purchase or utilization apply. If at any time
you choose not to accept these Terms and Conditions of use, do not use this
site.
The COMPANY’s Privacy Policy is incorporated into this
Agreement.
I.
General Terms & Conditions
II.
User Public Forum Submission/Participation Policy and Terms
III.
Special Notes with regard to Product and Service Purchases
IV.
Product and Service Purchase Agreement
I. GENERAL TERMS & CONDITIONS
a)
Scope of Terms and Conditions
These Terms and Conditions apply to your use of all of the
website at www.quadcashprofitsystem.com, as well as any of its sub-domains and
related domains or shopping cart pages (collectively the “Site”), as well as to
products and services purchased or utilized from the Site. Unless stated
otherwise, all references to the Site in these Terms and Conditions include this
Site. These Terms and Conditions do not apply to your use of unaffiliated sites
to which the Site only links.
b)
Restrictions on Use
The contents of this site are protected by copyright and
trademark laws, and are the property of their owners. Unless we say otherwise,
you may access the materials located within the Site only for your personal use.
This means you may download one copy of posted materials on a single computer
for personal, noncommercial home use only, so long as you neither change nor
delete any author attribution, trademark, legend or copyright notice. When you
download copyrighted material you do not obtain any ownership rights in that
material.
You may not modify, copy, publish, display, transmit, adapt
or in any way exploit the content of the Site. Only if you obtain prior written
consent from us and from all other entities with an interest in the relevant
intellectual property may you publish, display or commercially exploit any
material from the Site.
You must abide by all additional copyright notices or other
restrictions contained in any of the Site.
You agree not to do any of the following while using the
Site:
# harass, stalk or otherwise abuse another user;
# transmit or otherwise make available any content that is
false, harmful, threatening, abusive, tortuous, defamatory, libelous,
disparaging (including disparaging of the Site), vulgar, obscene, pornographic
or that promotes violence, racial hatred, terrorism or illegal acts, or is
otherwise objectionable (as determined by us in our sole discretion);
# transmit or otherwise make available any content that is
unlawful or infringes, violates or misappropriates any patent, trademark, trade
identity right, trade secret, publicity right, privacy right, copyright or any
other intellectual property or any other rights of any third party;
# upload or transmit viruses, Trojan horses or other
harmful, disruptive or destructive files or post material that interferes with
any third party’s uninterrupted use and enjoyment of the Site.
# impersonate any person or entity, or otherwise disguise
the origin of any content transmitted through the Site or to us, including
forging any TCP/IP packet header or any part of the header information in any
transmission to the Site for any reason;
# transmit or otherwise make available through the Site any
personal advertising, junk mail, spam, chain letters, pyramid schemes or offer
for sale of any products or services, except in areas specifically designated
for such purposes; or
# violate any applicable local, state, federal or
international law, rule or regulation.
c)
Links
These Terms and Conditions apply only to this Site, and not
to the sites of any other companies or organizations, including those to which
this Site may link. We are not responsible for the availability of any other
site to which this Site links. We do not endorse or take responsibility for the
contents, advertising, products or other materials made available through any
other site. Under no circumstances will we be held responsible or liable,
directly or indirectly, for any loss or damage that is caused or alleged to have
been caused to you in connection with your use of, or reliance on, any content,
goods or services available on any other site. You should direct any concerns to
that site administrator or webmaster.
Other sites may link to this Site only through a plain-text
link or provided graphics link. Permission must be granted by us for any other
type of link to the Site. To seek our permission, you may send E – mail to
quadcashsupport@gmail.com We
reserve the right, however, to rescind any permission granted by us to link
through a plain-text link or any other type of link, and to require termination
of any such link this Site, at our discretion at any time.
THE SERVICES, PRODUCTS AND MATERIALS ON OR FROM THIS SITE
ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED. WE DISCLAIM ALL WARRANTIES TO THE MAXIMUM EXTENT OF THE LAW, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE.
NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS
WARRANT THAT ANY FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR
ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT
MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS
WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE
OF THE SERVICES, PRODUCTS OR MATERIALS IN THIS SITE IN TERMS OF THEIR
CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT WE OR ANY OF OUR
RESPECTIVE LICENSORS OR SUPPLIERS) ASSUME THE ENTIRE COST OF ALL NECESSARY
SERVICING, REPAIR OR CORRECTION TO YOUR SYSTEM.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. TO THE EXTENT ANY
WARRANTY CANNOT BE DISCLAIMED, A LIMITED EXPLICT WARRANTY IS GIVEN BY US TO THE
EXCLUSION OF ANY OTHER REMEDY TO, IN OUR DISCRETION, EITHER A) REPLACE THE
SERVICES, PRODUCTS AND MATERIALS WITH SUCH SERVICES, PRODUCTS AND MATERIALS THAT
DO NOT BREACH A WARRANTY IF SUCH BREACH IS IDENTIFIED TO US WITHIN 30 DAYS OF
PURCHASE OR B) REFUND OF THE MONIES PAID FOR THE PARTICULAR SERVICES, PRODUCTS
AND MATERIALS.
BY ACCESSING THIS SITE, YOU UNDERSTAND THAT YOU MAY BE
WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR
UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE
READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF THE CIVIL CODE
OF FLORIDA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS
FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES
NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE,
WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE
DEBTOR.”
We do not endorse, warrant or guarantee any products or
services offered on the Site. We are not a party to, and do not monitor, any
transaction between users and third party providers of products or services.
d)
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO
NEGLIGENCE, WILL WE OR ANY OF OUR LICENSORS OR SUPPLIERS BE LIABLE FOR ANY
SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY
TO USE, THE MATERIALS ON THE SITE, OR ANY PRODUCTS OR SERVICES PROVIDED PURSUANT
TO THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW
MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL,
CONSEQUENTIAL OR OTHER DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT
APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU BY US OR ANY OF OUR
LICENSORS OR SUPPLIERS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN
CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR
ACCESSING THE SITE.
e)
No Personal Advice
The information contained in or made available through this
Site (including but not limited to information contained on message boards, in
text files, in products, from services, or in chats) cannot replace or
substitute for the services of trained professionals in any field, including,
but not limited to, psychological, financial, medical, or legal matters. In
particular, you should regularly consult a doctor in all matters relating to
physical or mental health, particularly concerning any symptoms that may require
diagnosis or medical attention. Further, you should regularly consult a lawyer
in all matters relating to interacting with other people to assure yourself you
are behaving in compliance with law, including but not limited to laws related
to harassment, assault or other similar laws. We and our licensors or suppliers
make no representations or warranties concerning any treatment, action, or
application of medication or preparation by any person following the information
offered or provided within or through the Site (including but not limited to any
product or service purchased, utilized or otherwise obtained from this Site).
Neither we nor our partners, or any of their affiliates, will be liable for any
direct, indirect, consequential, special, exemplary or other damages that may
result, including but not limited to economic loss, injury, illness or death.
f)
Parental Permission; Minimum Age Requirement
This Site is not directed to persons under the age of 13.
The sale of any of the Site’s products or services is not directed to persons
under the age of 18. We will not knowingly collect personally identifiable
information from persons under 13. WE STRONGLY RECOMMEND THAT PARENTS
PARTICIPATE IN THEIR CHILDREN EXPLORATION OF THE INTERNET AND ANY ONLINE
SERVICES AND USE THEIR BROWSERS PARENTAL CONTROLS TO LIMIT THE AREAS OF THE
INTERNET TO WHICH THEIR CHILDREN HAVE ACCESS.
We hereby require all users of the Site to be over 13 and
all purchasers of COMPANY’s products and services to be over 18. You agree to
abide by any such restrictions, and not to help anyone avoid these restrictions.
If you are under 13, you agree to immediately stop accessing the Site. If you
are accessing the Site, you represent that you are at least 13 years of age. If
you are purchasing any of the products or services of COMPANY, you represent
that you are at least 18 years of age.
g)
MEMBERSHIP FEES
h)
COPYRIGHT
All content included on this Site, such as text, graphics,
logos, button icons, images, audio clips, digital downloads, data compilations,
and software, is the property of COMPANY or its content suppliers and protected
by United States and international copyright laws. The compilation of all
content on this site is the exclusive property of the COMPANY and protected by
U.S. and international copyright laws.
i)
TRADEMARKS
The COMPANY’s name and other COMPANY logos, page headers,
button icons, scripts, and service names are trademarks, registered trademarks
or trade dress of COMPANY or its affiliates in the U.S. and/or other countries.
COMPANY’s trademarks and trade dress may not be used in connection with any
product or service that is not COMPANY’s, in any manner that is likely to cause
confusion among customers, or in any manner that disparages or discredits the
COMPANY. All other trademarks not owned by the COMPANY or its affiliates that
appear on this site are the property of their respective owners, who may or may
not be affiliated with, connected to, or sponsored by the COMPANY or its
affiliates.
j)
CONTACTING US
The address and
phone number for the COMPANY is:
Secret Headquarters, Inc
1391 NW St. Lucie West Blvd, #247
Port St Lucie, FL
34986
772-924-1717
You can reach our customer support by calling us at
772-924-1717, or by emailing us at quadcashsupport@gmail.com.
For cancellation of a subscription, call 772-924-1717 or
submit a cancellation request at quadcashsupport@gmail.com.
Privacy matters can be addressed to us by emailing us at
quadcashsupport@gmail.com.
II. User Public Forum Submission/Participation Policy and
Terms
a)
General:
As a service to our users, this Site may feature message
boards, chat rooms/areas, discussion forums, ratings, comments, bulletin board
services, news groups (including, without limitation, Usenet and other third
party news groups), communities and/or other message or communication facilities
and other public/semi-public/private forums (collectively, “Forums”) where users
with similar interests or similar experiences can share information and support
one another or where users can post questions for others to answer. We may also
offer online discussions moderated by various experts or other persons.
Much of the content of the Forums, including without
limitation the descriptions for many Forums and the content within a specific
message, comment or posting, is provided by and is the responsibility of the
third party creator of the Forum or the person posting in that Forum. COMPANY
has no responsibility for such content and is merely providing access to such
content as a service to you.
BY THEIR VERY NATURE, FORUMS MAY CARRY OFFENSIVE, HARMFUL,
INACCURATE OR OTHERWISE INAPPROPRIATE MATERIAL, OR IN SOME CASES, POSTINGS THAT
HAVE BEEN MISLABELED OR ARE OTHERWISE DECEPTIVE. WE EXPECT THAT YOU WILL USE
CAUTION AND COMMON SENSE AND EXERCISE PROPER JUDGMENT WHEN USING DISCUSSION
FORUMS.
b)
Your Participation/Contribution Requires Consideration:
Any information
(including personally identifiable information or other personal
information) that you reveal in a Forum, may, by design, be open to the public
and in such case may not a private, secure service. You should think carefully
before disclosing any information in any Forum. What you have written may be
seen, disclosed to or collected by third parties and may potentially be used by
others in ways we are unable to control or predict, including to contact you for
unauthorized purposes. By submitting communications or content to Forums, you
agree that such submission is non-confidential for all purposes, unless the
Company specifically notes otherwise (for example, in the rules for a particular
forum).
c)
Confidential Obligations:
You agree that you will not upload or transmit any
communications or content of any type to a Forum that infringe or violate any
rights of any party. Further, you may have entered into an agreement with
COMPANY that requires you to maintain the confidentiality of certain material or
information of COMPANY. It is your obligation to confirm that any post to a
Forum you make does not breach any confidentiality obligation you have. Unless a
Forum specifically notes that all members of the Forum who are able to view
posts are bound by confidentiality obligations, and further notes what types of
information may be discussed, you may not post information which COMPANY has
required you to preserve as confidential.
d)
Grant of Rights:
To the extent you are the original copyright holder of any
post or submission by you to a Forum and such post or submission does not
contain any of the information or material of COMPANY or other information you
are required to preserve as confidential by COMPANY, then; i) you remain owner
of such post or submission to the extent you were the owner; ii) you
automatically grant on behalf of yourself or otherwise warrant that the owner of
such content or intellectual property has expressly granted COMPANY, a
royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use,
reproduce, create derivative works from, modify, publish, edit, translate,
distribute, perform, display, and/or otherwise exploit, the post, submission,
communication or content in any media or medium, or any form, format, or forum
now known or hereafter developed; and iii) you agree and warrant that COMPANY
may sublicense or assign its rights through multiple tiers of sublicenses or
assigns.
e)
No Obligation to Monitor:
COMPANY does not
control the information delivered to the Forums, and has no obligation to
monitor the Forums. However, COMPANY reserves the right at all times to disclose
any information as necessary to satisfy any applicable law, regulation, legal
process or legal governmental request, or to edit, refuse to post or to remove
any information or materials, in whole or in part, for any reason whatsoever, in
COMPANY’s sole discretion.
f)
No Obligation to Remove:
COMPANY is not obligated to remove any content from the
site which does not violate any civil or criminal laws and any contributions
intended for display on this web site via any means, whether submitted via HTTP
(web), SMTP (mail), NNTP (newsreader), or otherwise, are presumed to be
contributed by the author/contributor with the intent that COMPANY shall have an
ongoing non-exclusive right to publish the contributed content for an indefinite
amount of time, unless the content submitted was made under an agreement with
COMPANY with differing terms or COMPANY has clearly only been provided limited
non-exclusive publishing rights (for example, in the case of some exclusively
copyrighted newsletter content). If
you do not wish to have something which you submit to be published, do not
submit it in the first place.
g)
No Endorsement:
COMPANY does not
endorse, support, represent or guaranty the truthfulness, accuracy, or
reliability of any communications posted in the Forums or endorse any opinions
expressed in the Forums. You acknowledge that any reliance on material posted in
the Forums will be at your own risk.
h)
Company’s Right to Act:
If COMPANY
discovers communications which allegedly do not conform to any terms and
conditions of this Site, COMPANY may investigate the allegation and determine in
good faith and in its sole discretion whether to remove or request the removal
of the communication. COMPANY will have no liability or responsibility for
performance or non-performance of such activities. COMPANY reserves the right to
terminate or restrict your access to any or all of the Forums at any time
without notice for any reason whatsoever. You acknowledge that some Forums
available through the Site are available only through the Site and others are
available both through the Site and other sources, such as Usenet, over which
COMPANY has absolutely no control.
III. Special Notes with regard to Product and Service
Purchases
a)
Shipping Methods
Products shipped by COMPANY may be shipped by UPS Standard
or by any other method in the discretion of COMPANY. A shipping charge may be
imposed.
*
Orders shipped to PR will have a 6.6% duty tax.
*
All orders require at least 24-72 hours processing time before shipping.
*
COMPANY does not process orders during weekends.
*
No deliveries will be made on Saturday or Sunday.
*
COMPANY does not guarantee same day shipping.
*
All orders shipped within CA will be charged sales tax.
*
Exact delivery times to any location cannot be guaranteed.
b)
Sales Tax
Sales tax is only
required for orders shipping within our resident states of business. Therefore
all orders shipping within Florida will be charged applicable sales tax
according to your area’s tax rate.
c)
Duty Tax
It is your responsibility to calculate the amount of
Customs/Duty that will be applied to your purchase by the Customs Office in your
country.
d)
Product listings
COMPANY strives for accuracy in all item descriptions,
photographs, compatibility references, detailed specifications, pricing, links
and any other product-related information contained herein or referenced on our
website. Due to human error and other determinates we cannot guarantee that all
item descriptions, photographs, compatibility references, detailed
specifications, pricing, links and any other product-related information listed
is entirely accurate, complete or current, nor can we assume responsibility for
these errors. In the event a product listed on our website is labeled with an
incorrect price due to some typographical, informational, technical or other
error, COMPANY shall at its sole discretion have the right to refuse and/or
cancel any order for said product and immediately amend, correct and/or remove
the inaccurate information. Additionally, all hyperlinks to other websites from
COMPANY are provided as resources to customers looking for additional
information and/or professional opinion. COMPANY does not assume responsibility
for the claims and/or representations made on these or any other websites.
e)
Product Revisions
COMPANY is not
responsible for changes or variations in product specifications and/or physical
appearance, since in some cases COMPANY acts as a distributor for others. In the
interest of our customers, COMPANY puts forth its best efforts to ensure that
all product information is up-to-date and factual. Unfortunately there are
varying determinates which, although infrequent, could cause the information on
our website to become outdated without our immediate knowledge. This includes
but is not limited to new versions or revisions, color deviations, retail
package alterations and other variations that may be considered inconsequential
by the manufacturer. In some cases, COMPANY relies on the manufacturer of a
product to communicate these differences. Presently we have no way of alerting
customers prior to purchase in the event the manufacturer fails to do so.
Consequently, COMPANY will not be held responsible for product revision changes.
IV. Product and Service Purchase Agreement
By accepting delivery of any product or service delivered
from COMPANY, viewing such products, or otherwise using such products or
services, you (“Customer”) agree to be bound by the terms and conditions listed
below. You and COMPANY agree that the following terms and conditions are the
exclusive terms governing the sales transaction between you and the COMPANY. Any
attempt to alter, supplement, modify or amend these terms and conditions by the
Customer will be considered a material alteration of this agreement and,
therefore, are null and void. In addition, these terms and conditions are
subject to change at any time, without prior written notice. Therefore, please
check these terms and conditions carefully each time you place an order with or
accept delivery of any goods or services from COMPANY.
a)
Product Issues
If you have problems or concerns regarding the Company or
your purchases, you may contact us by emailing us at quadcashsupport@gmail.com.
b)
WARRANTIES; ALL PRODUCTS AND SERVICES ARE SOLD “AS-IS” OR “WITH ALL
FAULTS”.
COMPANY MAKES NO
REPRESENTATION OR EXPRESS WARRANTY WITH RESPECT TO THE PRODUCT OR SERVICE EXCEPT
THOSE STATED IN THIS DOCUMENT. COMPANY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS
OR IMPLIED, AS TO ANY SUCH PRODUCT OR SERVICE, INCLUDING AND WITHOUT LIMITATION,
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, TRADE USAGE, COURSE OF DEALING,
OR COURSE OF PERFORMANCE.
ALL PRODUCTS OR SERVICES SOLD THROUGH OR BY COMPANY ARE
SOLD “AS-IS” OR “WITH ALL FAULTS.” THE ENTIRE RISK AS TO THE QUALITY AND
PERFORMANCE OF THESE PRODUCTS OR SERVICES IS WITH THE BUYER. SHOULD ANY OF THESE
PRODUCTS OR SERVICES PROVE DEFECTIVE, DO NOT FUNCTION, OR FUNCTION IMPROPERLY IN
ANY WAY FOLLOWING THEIR PURCHASE, THE BUYER, AND NOT COMPANY, ASSUMES THE ENTIRE
COST OF ALL NECESSARY SERVICING OR REPAIR.
c)
LIMITATION OF LIABILITY
IN ALL CIRCUMSTANCES COMPANY’S MAXIMUM LIABILITY IS LIMITED
TO THE PURCHASE PRICE OF THE PRODUCTS OR SERVICES SOLD. COMPANY SHALL NOT, UNDER
ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY
OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS OR SERVICES IT SELLS
WHICH EXCEEDS THIS LIABILITY LIMIT. COMPANY SHALL NOT BE LIABLE FOR THIRD PARTY
CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS,
INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES,
WHETHER OR NOT COMPANY HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR
DAMAGES.
d)
CUSTOMER AGREED TO RESTRICTIONS, OBLIGATIONS AND LIMITATIONS;
CONFIDENTIALITY AND LIMITED USE:
Customer acknowledges that the products and services sold
by COMPANY are the confidential and proprietary information and property of
COMPANY. Customer hereby agrees to protect such products and services as
confidential. As a further condition to the purchase and/or receipt of such
products and/or services of the COMPANY by Customer, Customer agrees it will
not, nor allow others, to directly or indirectly copy, distribute, resell, lend,
lease, display, teach to others or show these products and/or services to
others. A “Customer” includes anyone who receives the products or services of
COMPANY, even if for free.
Customer agrees that no one may use these products and/or
services in any manner without the written approval of COMPANY, except for the
Customer who has agreed that his/her use is limited to his/her own personal use.
In the event Customer disagrees with these terms, Customer must immediately
discontinue using the products purchased from COMPANY. Anyone viewing or
otherwise utilizing the products of COMPANY by such conduct is agreeing to be
bound by the terms of set forth herein, and as such must immediately comply with
the terms of this agreement. In the event that COMPANY discloses any portion of
its information to the public, it should be understood that anything not
publicly disclosed by COMPANY remains information that you have an obligation to
protect and maintain as confidential.
Customer represents and warrants that he or she is at least
18 years old. In the event that Customer is under 18 years old, Customer will
immediately discontinue using the products purchased from COMPANY.
e)
AUTHORIZATION OF PURCHASE.
If you order anything posted at secrethq.infusionsoft.com ,
you are additionally agreeing to pay the amounts set forth therein, that the
COMPANY may charge your credit card for such amounts, and that you agree to the
terms set forth on that webpage in addition to these Terms and Conditions.
f)
GENERAL TERMS AND CONDITIONS
1.
Payment Terms; Orders:
An order is not binding upon COMPANY until it is accepted.
COMPANY must receive payment before it will accept an order. Payment for
product(s) ordered is due prior to shipment or provision of services. Customer
can make payment by credit card, or some other method prearranged with COMPANY.
You agree to pay the amount(s) due as specified on the invoice, and you agree to
pay interest on all past-due sums at a rate of 1.5% per month or the highest
rate allowed by law, whichever is greater.
2.
Shipping Charges:
Your total cost for purchase of any product will include
shipping and handling charges shown on the COMPANY invoice.
3.
Title; Risk of Loss:
COMPANY will arrange for shipment of ordered product(s) to
you, the Customer, Free On Board (F.O.B.) shipping point, meaning title to the
product(s) - excepting software- and risk of loss passes to you upon delivery to
the carrier. COMPANY reserves a purchase money security interest in the
product(s) until its receipt of the full amount due. You agree to allow COMPANY
to sign appropriate documents on your behalf to permit COMPANY to protect its
purchase money security interest. Title to software will remain with the
licensor(s). All software is provided subject to the license agreement of the
software maker. You agree to be bound by any software license agreement once the
seal on the package is broken. COMPANY will advise you of estimated shipping
dates, but COMPANY will, under no circumstances, be responsible for delays in
delivery, and associated damages, due to events beyond its reasonable control,
including without limitation, acts of God or public enemy, acts of federal,
state or local government, fire, floods, civil disobedience, strikes, lockouts,
and freight embargoes.
4.
Governing Law and Jurisdiction:
Any dispute arising out of or related to these Terms and
Conditions or the sales transaction between COMPANY and yourself shall be
governed by the laws of the State of Florida, without regard to its conflicts of
law rules. Specifically, the validity, interpretation, and performance of this
agreement shall not be governed by the United Nations Convention on the
International Sale of Goods. COMPANY and you consent to the exclusive
jurisdiction and the exclusive venue of the State Courts of the State of
Florida, St Luice County, to resolve any dispute between them related hereto,
and the parities waive all rights to contest this exclusive jurisdiction and
venue of such Courts. Finally, you also agree not to bring any legal action,
based upon any legal theory including contract, tort, equity or otherwise,
against COMPANY that is more than one year after the date of the applicable
invoice.
5.
Severability:
If any provision contained in this agreement is or becomes
invalid, illegal, or unenforceable in whole or in part, such invalidity,
illegality, or unenforceability shall not affect the remaining provisions and
portions of this agreement, and the invalid, illegal, or unenforceable provision
shall be deemed modified so as to have the most similar result that is valid and
enforceable under applicable Florida law.
6.
Waiver:
The failure of either party to require performance by the
other party of any provision of this agreement shall not affect in any way the
first party’s right to require such performance at any time thereafter. Any
waiver by either party of a breach of any provision in this agreement shall not
be taken or held by the other party to be a continuing waiver of that provision
unless such waiver is made in writing.
7.
Entire Agreement:
These Terms and Conditions are the complete and exclusive agreement between the COMPANY and you, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between the COMPANY and you relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.