Effective date: May 6, 2016
The Company may modify or replace this Agreement at any time by updating this document on the Site. You agree to be bound by the most recent version of the Agreement as posted on the Site.
1. USING THE SITE
(a) You will not view, access, or use the Site in any way if prohibited by law in your jurisdiction. You represent and warrant that you are at least 13 years of age or older and that all information you submit to the Site is truthful, complete, and accurate in all respects.
(b) In addition to and notwithstanding any other terms contained in this Agreement, you agree to the following usage guidelines when accessing, using, or ordering any Product on the Site:
i. You will not submit to the Site or the Company any information that is false, inaccurate, or untruthful in any way.
ii. You will not disparage the Company or the Site in any way.
iii. You will not (a) data-mine the Site or its content, (b) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Site or its content, (c) modify, distribute, reproduce, or otherwise create derivative works of any part of the Site or its content, or (d) interfere with the Site's accessibility, up-time, connectivity, or security.
(c) In addition to other prohibitions as set forth in the Agreement, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others, including but not limited to, resell, loan, distribute, or sublicense any videos on the Site; (e) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, or the Internet; (f) to collect or track the personal information of others; (g) to spam, phish, pharm, pretext, spider, crawl, or scrape; (h) for any obscene or immoral purpose; or (i) to interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet.
(d) The Company reserves the right to terminate your use of the Site or to refuse to provide you with any Product for any reason and at any time.
2. OUR PRODUCTS
(a) The Site offers physical products as well as software for sale (collectively, the "Products"). When ordering a Product, your payment information may be transmitted through a third party payment processor to facilitate the order. You agree to be solely responsible for all orders made by you through the Site.
(b) Your receipt of an order confirmation from the Site does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. The Company reserves the right at any time after receipt of your order for any Product to accept or decline your order for any reason. We may require additional verification or information before accepting any order. All orders placed on this Site are subject to the availability of the ordered Product. All items purchased from the Company are sent by a third-party carrier pursuant to a shipment contract. Prices and quantities are subject to change at any time.
(c) The Site and the Products may occasionally contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. Shipping and tracking information is provided as an estimate and is not guaranteed. The Company may correct any errors, inaccuracies or omissions, and may also change or update information or cancel orders if any information in the Site or the Products is found to be incorrect.
(d) All sales of Products are final. The Company does not issue refunds or returns.
(e) You agree that you will not use the Products for any purpose other than their intended lawful purposes. Further, you will in no way reverse engineer, decode, decompile, or otherwise misuse any Product, including digital software Products. You agree that you will not purchase any Product for the purpose of creating a competing Product. If you purchase a Company Software Product, you agree to the software license agreement contained on the Site. You further acknowledge that you possess the requisite training and skill to purchase, use, and operate any Product which you purchase or otherwise acquire from the Company.
3. COMPANY INTELLECTUAL PROPERTY
(a) The Products, the Site, and all intellectual property contained on the Site (including, but not limited to copyrights, trademarks, and patents) are owned by the Company and/or its licensors, and the Company and/or its licensors reserve all rights to such. Without limiting the generality of this Section 3(a), you agree not to modify, reproduce, distribute, sell, sub-license, make derivatives of, or otherwise use any of the content of the Site or any Product.
4. TECHNICAL AND CUSTOMER SUPPORT
(a) Unless otherwise provided for on the purchase details contained on the Site for any Product, Company may provide customer and technical support for Products in its reasonable discretion. However, no guarantee of technical or customer support beyond that detailed on the Site is provided.
5. NO WARRANTIES
(a) UNLESS OTHERWISE EXPRESSLY PROVIDED WITH THE PURCHASE OF A PRODUCT, THE COMPANY PROVIDES THE SITE AND ALL OF THE PRODUCTS ON AN "AS IS,” “WHERE IS," "WITH ALL FAULTS" BASIS AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, ACCURACY, QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE
(b) THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE TRUTH, ACCURACY, USEFULNESS, SUITABILITY, TIMELINESS, PERFORMANCE OR COMPLETENESS OF THE INFORMATION AND MATERIALS FOUND OR OFFERED ON THE SITE OR INCORPORATED INTO ANY PRODUCT. YOU ACKNOWLEDGE THAT SUCH INFORMATION AND MATERIALS MAY CONTAIN INACCURACIES OR ERRORS AND WE EXPRESSLY EXCLUDE LIABILITY FOR ANY SUCH INACCURACIES OR ERRORS TO THE FULLEST EXTENT PERMITTED BY LAW.
6. LIMITATION OF LIABILITY
(a) IN NO EVENT SHALL THE COMPANY, ITS OWNERS, DIRECTORS, EMPLOYEES, OR AFFILIATES (COLLECTIVELY, "AFFILIATES") BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF THE SITE OR ANY PRODUCT SOLD THROUGH THE SITE, INCLUDING, WIHTOUT LIMITATION, LOST BUSINESS PROFIT, ANTICIPATED PROFITS, OR COST OF SUBTITUTE SERVICES, EVEN IF THE COMPANY OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE COMPANY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER SOUNDING IN CONTRACT, TORT, OR OTHWERISE) EXCEED AN AGGREGATE OF $500.00.
(a) To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless the Company from and against any and all claims, liabilities, or losses arising as a result of your use of the Site or any Products, or your reliance thereon. The Company may request indemnification under this Section 7(a) at any time upon 10 days notice and may assume control of the defense and any settlement.
8. GENERAL TERMS
(a) This Agreement shall be governed and interpreted exclusively in accordance laws of the State of Texas. Any dispute arising under, or related to, the Terms shall be brought exclusively in the state and federal courts of Travis County, Texas
(b) THE PARTIES IRREVOCABLY AGREE TO WAIVE THEIR RIGHTS TO PARTICIPATE IN ANY CLASS ACTION OR COLLECTIVE ACTION, INCLUDING CLASS OR GROUP ARBITRATION.
(c) The Company may replace, modify, or discontinue any Product at any time with or without notice.
(d) You agree to pay the price corresponding to each Product that you select and purchase through the Site. All prices are in United States denominations unless otherwise stated. Unless otherwise expressly stated, Payment is due at the time of purchase and Product may not be created or shipped to you if Payment is not made.
(e) The Site may add additional Products, services, or features from time to time and at its discretion. This Agreement shall cover such new offerings. Further, certain Products and services may require your assent to additional terms, which shall be in addition to this Agreement.
(f) We engage in screening for fraudulent transactions to protect our customers. We reserve the right to refuse to process any order if we suspect fraud or misuse of financial information.
(g) All purchases may be completed online through the use of third party payment processing services including (but not limited to) Stripe (collectively, "Processors"). You agree to be bound by the applicable terms of the Processors. The Company and the Processors may receive updated credit card information from your credit card issuer or bank. Such updated information is provider at the discretion of your credit card issuer. Neither the Company nor the Processors shall be responsible for any transmission of your credit card information. Credit card information is always encrypted during transfer over networks.
(h) This Agreement, combined with any further agreements, warranties, or policies found on the Site or offered with specific Products, constitutes the complete and entire agreement and understanding between you and us and govern your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Agreement).
(i) We reserve the right to assign this Agreement under the terms of a merger, sale, or acquisition.
(j) The delay or failure of the parties to enforce a term of this Agreement shall not be held to be a waiver of such term. In the event that any provision of the Agreement is held to be unenforceable, the remainder of the Agreement shall continue in full force and effect to the maximum extent permitted by law.