The use of this site, and the terms and conditions for our providing information, is governed by our Disclaimer. By using this site, you acknowledge that you have read the Disclaimer and that you accept and will be bound by the terms thereof.
THE INFORMATION FROM OR THROUGH THIS SITE IS PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION MAY CONTAIN ERRORS, PROBLEMS OR OTHER LIMITATIONS. OUR SOLE AND ENTIRE MAXIMUM LIABILITY FOR ANY INACCURATE INFORMATION, FOR ANY REASON, AND USER’S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE INFORMATION RECEIVED (IF ANY). WE ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE). WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. WE WOULD NOT PROVIDE THIS SITE AND INFORMATION WITHOUT SUCH LIMITATIONS. NO REPRESENTATIONS, WARRANTIES OR GUARANTEES WHATSOEVER ARE MADE AS TO THE ACCURACY, ADEQUACY, RELIABILITY, CURRENTNESS, COMPLETENESS, SUITABILITY OR APPLICABILITY OF THE INFORMATION TO A PARTICULAR SITUATION.
All responsibility and liability for any damages caused by viruses contained within the electronic files of this site are disclaimed.
All terms and conditions with respect to this site is governed by a Terms of Service Agreement.
This site contains links to other Internet sites. Such links are not endorsements of any products or services in such sites, and no information in such site has been endorsed or approved by the Compelling Cases, Inc. You should understand that this does not mean that we have looked at all those sites or that we endorse them. We disclaim any responsibility for viewing pages outside of this website.
Terms and Conditions
The use of this site, and the terms and conditions for the sale of any goods and services, is governed by the Terms of Service Agreement. By using this site you acknowledge that you have read the Terms of Service Agreement and the disclaimers and caveats contained in this site, and that you accept and will be bound by the terms thereof.
The following is the terms of the agreement between the Compelling Cases, Inc. (“Company”) and the buyer (“Buyer”) of goods or services through the Company’s Web site (the “Site”). If you do not agree to these terms, you will not be able to purchase anything, so please review these terms carefully:
1. Introduction. Buyer agrees to the terms and conditions outlined in this Online Contract (“Contract”) with respect to the goods, services and information provided by or through the Site. This Contract constitutes the entire and only agreement between the Company and Buyer, and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the goods, services and information provided by or through the Site, and the subject matter of this Contract. Buyer agrees to review this Contract prior to purchasing anything and purchase of a good or service shall be deemed acceptance of this Contract.
2. Setup and Payment. Buyer represents and warrants that (i) the credit card information supplied is true, correct and complete and (ii) charges incurred by the Buyer will be honored by the Buyer’s credit card company and (iii) Buyer shall pay charges incurred by Buyer at the amounts in effect at the time incurred, including all applicable taxes.
3. Copyright. The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights, and, the copying, redistribution, use or publication by a Buyer of any such content or any part of the Site is prohibited.
4. Editing, Deleting, and Modification. Company reserves the right in its sole discretion to edit or delete any information or content appearing on the Site and to remove any goods and services for sale. Upon notice published over the Service, Company may modify this Contract, or prices, and may discontinue or revise any or all aspects of the Site in its sole discretion and without prior notice. Modification of this Contract will be deemed effective upon publication on the Site with respect to transactions occurring after said date.
5. Right to Refuse. Company reserves the right in its sole discretion to refuse service at any time. Sale of any goods or services is subject to availability.
6. Indemnification. Buyer agrees to indemnify, defend and hold Company and its affiliates, licensors and suppliers harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to a Buyer’s violation of this Contract or use of the Site.
7. Non-Transferable. Buyer’s right to use the Service is not transferable and is subject to any limits established by Company or by Buyer’s credit card company.
8. Disclaimer. THE SERVICE, CONTENT, GOODS AND SERVICES FROM OR THROUGH THE SERVICE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE SOLE AND ENTIRE MAXIMUM LIABILITY OF COMPANY, FOR ANY REASON, AND BUYER’S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE PARTICULAR ITEMS PURCHASED. COMPANY AND ANY OF ITS AFFILIATES, DEALERS OR SUPPLIERS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND BUYER. THIS SITE AND GOODS AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. SOME STATE STATUTES MAY APPLY REGARDING LIMITATION OF LIABILITY.
9. Refund Policy. If a product purchased is defective or not to Buyer’s satisfaction, Buyer can return the product in its original condition within 30 days of receipt. In such event, Company shall provide Buyer a credit for other purchases from the Site (less shipping and handling charges incurred). Any item that is electronic and/or reproducible format, including but not limited to books, CD-ROMs, VHS tapes, DVD tapes, etc, are not refundable for any reason, but may be exchanged for an identical item if defected. This Section 9 sets forth Buyer’s sole and exclusive right to refund.
10. Teleclass Policies. All cancellations must be submitted and received 3 days prior to the teleclass date for a full refund minus any chargeback fees imposed by our merchant account. Participants may transfer tuition to another Compelling Cases, Inc. teleclass at any time. Compelling Cases, Inc. reserves the right to cancel any course and will not be responsible for any charges incurred by the registrant due to cancellation. A full refund of tuition will be made if the Company cancels the course. The Company reserves the right to change a course date, location, or instructor at any time. No refund will be issued if the course is in progress and is interrupted by an Act of War or God or any other issue beyond our control. The Company will not be held responsible for any participant expenses other than a refund of course tuition due to course cancellation.
11. Use of Information. Company reserves the right, and Buyer authorizes Company, to the use and assignment of all information regarding Buyer’s use of the Site and all information provided by Buyer, subject to applicable law.
12. Miscellaneous. This Contract shall be treated as though it were executed and performed in Boulder, Colorado, and shall be governed by and construed in accordance with the laws of the United States of America and of the State of Colorado (without regard to conflict of law principles). Any cause of action of Buyer with respect to the Site must be instituted within six (6) months after any purchase or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 8. The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party. All legal proceedings arising out of or in connection with this Contract shall be brought solely in Boulder, Colorado, and Buyer expressly submits to the jurisdiction of said courts and Buyer consents to extra-territorial service of process. Should any part of this Contract be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site or the Company is in conflict or inconsistent with this Contract, this Contract shall take precedence. Failure of Company to enforce any provision of this Contract shall not be deemed a waiver of such provision nor of the right to enforce such provision.
Privacy Statement
This privacy statement discloses the privacy practices for the Compelling Cases, Inc. (The “Company”) website, www.compelling-cases.com.
Information Collection and Use
Company is the sole owner of the information collected on this site. We will not sell, share, or rent this information to others in ways different from what is disclosed in this statement. Company collects information from our users at several different points on our website.
Order
We request information from the user on our order form. Here a user must provide contact information (like name and shipping address) and financial information (like credit card number, expiration date). This information is used for billing purposes and to fill customer’s orders. If we have trouble processing an order, this contact information is used to get in touch with the user. The order process is performed through KickStartCart.com.
Cookies
A cookie is a piece of data stored on the user’s hard drive containing information about the user. Usage of a cookie is in no way linked to any personally identifiable information while on our site. Once the user closes their browser, the cookie simply terminates. For instance, by setting a cookie on our site, the user would not have to log in a password more than once, thereby saving time while on our site. If a user rejects the cookie, they may still use our site. The only drawback to this is that the user will be limited in some areas of our site. Cookies can also enable us to track and target the interests of our users to enhance the experience on our site. Some of our business partners use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies.
Log Files
We use IP addresses to analyze trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.
Sharing
We will share aggregated demographic information with our partners and advertisers. This is not linked to any personal information that can identify any individual person.
We also maintain a database of names and demographic information that may be shared with our partners and advertisers. We use an outside shipping company to ship orders, and a credit card processing company to bill users for goods and services. These companies do not retain, share, store or use personally identifiable information for any secondary purposes. We partner with another party to provide specific services. When the user signs up for these services, we will share names, or other contact information that is necessary for the third party to provide these services. These parties are not allowed to use personally identifiable information except for the purpose of providing these services.
Links
This web site contains links to other sites. Please be aware that we are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every web site that collects
personally identifiable information. This privacy statement applies solely to information
collected by this Web site.
Newsletter
If a user wishes to subscribe to our newsletter, we ask for contact information such as name and email address.
Security
This website takes every precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected both online and off-line. Our entire website is protected with Secure Socket Layer (please note the green lock at the far left of the address bar). SSL encrypts and protects any information you submit through any web form on our site, including registration and order forms.
While we use SSL encryption to protect sensitive information online, we also do everything in our power to protect user-information off-line. All of our users’ information, not just the sensitive information mentioned above, is restricted in our offices. Only employees who need the information to perform a specific job (for example, our billing clerk or a customer service representative) are granted access to personally identifiable information. If you have any questions about the security at our website, you can send an email to orders@compelling-cases.com.
Copyright © 2008 by Compelling Cases, Inc. All the text, graphics, audio, design, and other works are the copyrighted works of Compelling Cases, Inc. All Rights Reserved. Any redistribution or reproduction of any materials herein is strictly prohibited.
