Terms
of Use, Disclaimer and License
Terms
of Use, Disclaimer and License
You may be
referred to as the Licensee. The terms
'You' or
'Licensee' includes you and any of your owners, employees, partners,
independent contractors, subsidiaries, affiliates, attorneys, agents,
heirs, and assigns.
We may be
referred to as
Licensor. The terms 'Us,' 'We,'
'Website,' or 'Licensor' includes our owners, employees, subsidiaries,
independent contractors, agents, attorneys, and assigns.
You
must be at least 18 years old to access this website or to purchase
products or services from us.
We do not
direct this website to persons under 18,
nor do we
knowingly collect any personal information from children under the age
of thirteen.
Disclaimers
ALL CONTENT
IS PROVIDED "AS IS" AND ANY AND ALL
WARRANTIES ARE
DISCLAIMED, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE.
The use of
our information, products and
services should be
based on your own due diligence and you agree that we are not engaged
in any professional service such as providing legal advice or medical
services.
Our
cumulative liability to you or anyone
else for any loss or
damages resulting from any claims, demands, or actions arising out of
or relating to this Agreement or use of the content or website shall
not exceed the amount you have paid to us for the product or service.
In no event shall we be liable for any indirect, incidental,
consequential, special, or exemplary damages or lost profits, even if
we have been advised of the possibility of such damages. You agree that
the foregoing constitutes your sole and exclusive remedy for any breach
of this Agreement. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
We are not
responsible in any manner for links or
linked
content on websites owned or controlled by others. We provide any links
only as a convenience and not as a recommendation or endorsement of the
linked content.
Prohibited
Uses
You will
not assign, sublicense, transfer, pledge,
sell, lease,
rent, lend, or otherwise copy the content, or any part of it, or share
your rights under this Agreement, to others.
You will
not give others access to your username and
password.
You will
not violate any laws, third party rights,
or this
Agreement. This includes, but is not limited to, not posting any
material or content that is defamatory, harassing, belongs to someone
else, is obscene or pornographic
You will
not provide false or misleading information
to us.
Refund
/ Return / Cancellation Policy
Unless
otherwise stated in writing, at the time of
sale, all products come
with a 30-day money-back, 100% satisfaction guarantee. We are not
liable for any
shipping and handling fees that you may incur. If you would like to
request a
cancellation and or refund please contact our help desk at http://successonthefly.com/helpdesk/
If you are
returning a product for refund it must be in re-saleable
condition.
Indemnification
You agree
to indemnify, defend and hold us harmless
from and
against all claims, demands, losses, expenses, damages and costs,
including reasonable attorneys' fees, resulting from your actions or
conduct.
No
Assignment
You cannot
assign this Agreement, or any aspect of
your rights and responsibilities.
Consent
to Use Information
When you
communicate with us, send us information,
or provide
content to us or out website, you grant us a non-exclusive, worldwide,
perpetual, irrevocable, royalty-free, sublicensable right to exercise
all copyright and publicity rights you have in the content, in any
manner whatsoever, in any media now known or which may be created in
the future, including in other works and forms not associated with this
website.
No
Waiver of Rights
Our failure
to enforce any rights granted in this
Agreement or
to take action against any other party in the event of any breach shall
not be deemed a waiver by us as to subsequent enforcement of rights or
subsequent actions in the event of future breaches.
Miscellaneous
This
Agreement in all respects shall be governed by
and
construed according to the laws of the Province of
British Columbia, Canada, to the exclusion of any other applicable body
of governing law, without regard to conflicts of laws principles.
This
Agreement is entered into in British Columbia,
Canada. You consent to the exclusive jurisdiction of
British Columbia for any dispute arising from or related to this
Agreement.
You agree
that the exclusive venue for any dispute
arising from or related to this Agreement will be a court located in
British Columbia, Canada.
Should any
term of this Agreement be declared void
or
unenforceable, that term shall be severed from the Agreement such
declaration shall have no effect on the enforceability of the remaining
terms.
This
Agreement contains the complete and entire
understanding
and agreement between you and us and supersedes any previous
communications, representations, or agreements, verbal
or written,
related to the subject matter of this Agreement.
This
Agreement may not be modified or amended orally,
impliedly, or in any manner not set forth in writing or permitted by
this Agreement.
This
Agreement may be amended by us
at any time and without
notice, but only by amending this Agreement as posted on this website,
unless otherwise agreed to in a writing signed by both of us.
Any
amendments will become effective 30 days after being
posted on the website, unless circumstances require that a change be
immediately implemented. As a condition for this Agreement you agree to
periodically check this Agreement posted at this page.
You agree
that your continued use of our product or
service
after that date will constitute your consent and acceptance of the
amendment.
|