Terms and Conditions
(V1 – Effective July 14th, 2011)
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 DreamMaker
Publishing, 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.
into this Agreement.
General Terms & Conditions
IIi. User Public Forum
Submission/Participation Policy and Terms
IV. Special Notes with regard to
Product and Service Purchases
and Service Purchase Agreement
I. GENERAL TERMS & CONDITIONS
Terms and Conditions
These Terms and Conditions apply to your use of all of the
website at www.InnerHeroes.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.
By accessing this web
site, you are agreeing to be bound by these web site Terms and Conditions
of Use, all applicable laws and regulations, and agree that you are
responsible for compliance with any applicable local laws. If you do not
agree with any of these terms, you are prohibited from using or accessing
this site. The materials contained in this web site are protected by
applicable copyright and trade mark law.
Permission is granted to use the Carolyn Kalil’s Free Personality Quiz on
DreamMaker Publishing, Inc.’s web site for personal, non-commercial
transitory use only. This is the grant of a license, not a transfer of
title, and under this license you may not: modify or copy the materials;
use the materials for any commercial purpose, or for any public display
(commercial or non-commercial); attempt to decompile or reverse engineer
any software contained on DreamMaker Publishing, Inc.’s web site; remove
any copyright or other proprietary notations from the materials; or
transfer the materials to another person or “mirror” the materials on any
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 view 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.
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, tortious, 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
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
Carolyn@InnerHeroes.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.
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.
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.
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 SECTION 1542 OF
THE CIVIL CODE OF CALIFORNIA, 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.
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.
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
Permission; Minimum Age Requirement
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.
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.
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.
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
address and phone number for the COMPANY is:
DreamMaker Publishing, Inc.
PO Box 2804
Malibu, CA 90265
reach our customer support by calling us at (310)-454-2294, or by emailing
us at Carolyn@InnerHeroes.com.
For cancellation of a subscription, submit a cancellation request at
Privacy matters can be addressed to us by emailing us at firstname.lastname@example.org.
POLICY AND OPT-IN POLICY
This statement explains how we collect
information from you and what we do with it. DreamMaker Publishing, Inc.,
owner of www.InnerHeroes.com, is committed to protecting the privacy
of its subscribers. We collect information from online visitors who take
our free quiz or ask to be on our newsletter mailing list and/or receive
periodic email announcements. We do not provide personal individual
information about you to others. Please note that your email address and
data will be permanently deleted from our database if email sent to you
from InnerHeroes.com is returned as undeliverable on two separate
occasions. It is your responsibility to send us your updated email
address. You also have the choice to Opt-out at any time, and for any
reason. Email sent to you by InnerHeroes.com will always provide
information on how to opt-out from the list. Once you have opt-out, your
data will be permanently removed from our list. In addition, online
visitors who wish to purchase a book or ebook through our Web site must
provide their name, email address, mailing address, phone number, and
credit card number and expiration date. All credit card transactions occur
over a secure connection. All online visitor data collected by
InnerHeroes.com is protected against unauthorized access.
By completing and submitting any of our forms, you agree to be bound by
these Terms & Conditions and this Privacy & Opt-In policy.
We do not knowingly collect personal
information from children under the age of 13. If we learn that we have
personal information on a child under the age of 13, we will delete that
information from our systems. InnerHeroes.com encourages parents to
go online with their kids. Here are a few tips to help make a child's
online experience safer:
never to give personal information, unless supervised by a parent or
responsible adult. Includes name, address, phone, school, etc.
Know the sites
your kids are visiting and which sites are appropriate.
Look for Web
site privacy policies. Know how your child's information is treated.
Check out the FTC's site
for more tips on protecting children's privacy online.
facilitate our licensees’s advertising. A cookie is a small text file that
is stored on your computer. Your cookie information could consist of: the
time of day an advertisement is displayed, an advertisement id that shows
which advertisements you have viewed or clicked on, your IP address that
may be mapped to your general geographic location, and the referral id
that shows the URL of the web page where you clicked on the ad.
Your Choice — Opting Out of Cookies
You may at all times adjust your
computer’s web browser settings to decline cookies if your web browser
software permits, but by doing so you may not be able to use certain
features on the websites you visit or take full advantage of all the
website offerings and interest based advertising. If you choose to accept
cookies, you may choose to delete them later. You can remove cookies by
accessing the “Help” option on your web browser’s menu bar to instruct you
on how to delete cookies.
Third party vendors, including Google,
the DART cookie enables it and its partners to serve ads to you based on
your visit to our site. Users may opt out of the use of the DART cookie by
visiting the advertising
We can be reached by email. To send us an email
Forum Submission/Participation Policy and Terms
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.
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.
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
Participation/Contribution Requires Consideration:
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 be 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
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.
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.
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.
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.
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.
Right to Act:
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.
Special Notes with regard to Product and Service Purchases
shipped by COMPANY may be shipped by USPS or by any other method in the
discretion of COMPANY. A shipping charge may be imposed.
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 unless Overnight
Service is paid for.
* 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.
tax is only required for orders shipping within our resident states of
business. Therefore all orders shipping within California will be charged
applicable sales tax according to your area’s tax rate.
your responsibility to calculate the amount of Customs/Duty that will be
applied to your purchase by the Customs Office in your country.
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.
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
Product and Service Purchase Agreement
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
have problems or concerns regarding the Company or your purchases, you may
contact us by emailing us at email@example.com.
WARRANTIES; ALL PRODUCTS AND SERVICES ARE SOLD “AS-IS” OR “WITH ALL
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
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.
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.
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.
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
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.
AUTHORIZATION OF PURCHASE.
order anything posted at innerheroes.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
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.
total cost for purchase of any product will include shipping and handling
charges shown on the COMPANY invoice.
Title; Risk of Loss:
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
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 California, 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
California, San Diego 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.
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 California law.
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.
Terms and Conditions (along with the incorporated California Privacy
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.