Effective Date: December 10, 2015
1. BINDING EFFECT. This is a contractual agreement between you and myself - Matt Smith (“Proprietor”) regarding your purchase of information products (“book” or “book packages”) via http://www.waterwelders.com (the “Site”). You agree to these terms by showing your assent through affirmatively checking a provided agreement box during the purchase process.
2. PRIVACY POLICY. Proprietor respects your privacy. A complete statement of Proprietor’s current privacy policy can be found here or by clicking the book Privacy Policy link at the bottom of any page of the site. Proprietor’s book privacy policy is expressly incorporated into this Agreement by this reference.
4. PACKAGES. Proprietor offers certain custom book packages for sale. You hereby authorize the Proprietor and its merchant provider to charge your credit card or payment source in advance of the delivery of your book package of choice for all applicable fees incurred by you or on your behalf in connection with the product or service you have chosen to use. If payment cannot be charged to your credit card or payment resource or the charge is returned for any reason, including chargeback, Proprietor reserves the right to either suspend or terminate your purchase, thereby terminating this Agreement and all obligations of Proprietor hereunder.
5. REFUNDS. You may request a refund of the full purchase price minus any incidental costs for a 30 day period following your purchase of one of the book packages. The 30 day period shall commence from the date and time you make payment on your purchase. Any refund requests made after this 30 day period shall be rejected although Proprietor in its sole discretion, may choose to provide a refund if it determines such action is warranted.
8. AFFILIATE COMPENSATION/DISCOUNTED SERVICES. We have business relationships with certain third parties mentioned and linked to in the book packages. Should you follow the links in the book packages and make purchases from these parties, please note we will not receive monetary compensation from said parties. The price you are quoted from said services, however, may be discounted pursuant to our relationships with said businesses.
9. GUARANTEE DISCLAIMER. The book packages offered herein address certain processes for starting and running a food truck business. The information is drawn from business owners, participants in the industry and includes expressions of opinion. There is no possible way to account for every situation you might experience when attempting to start a food truck business. As a result, we do not and cannot guarantee your success in the food truck industry. As with starting any business, there will be challenges. Success ultimately makes overcoming those challenges incredibly rewarding.
10. NO WARRANTIES. The author and publisher are providing THESE BOOK PACKAGES on an “as is” basis and make no representations or warranties of any kind with respect to THE BOOK PACKAGES. The author and publisher disclaim all such representations and warranties, including for example warranties of merchantability and educational advice for a particular purpose. In addition, the author and publisher do not represent or warrant that the information accessible via THESE BOOKS is complete or current.
11. LIMITED LIABILITY. PROPRIETOR’s LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PROPRIETOR BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF BOOK PACKAGES, THE MASTERMIND GROUP OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY PROPRIETOR. THIS LIMITATION SHALL APPY REGARDLESS OF THE TYPE OF LEGAL CLAIM MADE.
12. AFFILIATED SITES. We mention or link to various websites and services in the book packages. These websites and service are independent of Proprietor and we have no control over them. We provide references to these third parties solely to assist you with locating resources applicable to the food truck industry. The mention or linking to said parties does not constitute an endorsement of the sites or their services. We neither guarantee nor warrant these third parties provide accurate information or quality services. Use the services provided at your own risk.
13. INDEMNITY. You agree to indemnify Proprietor for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Proprietor , its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your use of the book packages in a manner not intended, your violation of this agreement, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Proprietor will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
14. COPYRIGHT. All contents in the book packages are Copyright © 2015 – Water Welders, 455 North Water Street, Liberty, MO 64068 USA. All rights reserved.
15. EMAIL COMMUNICATIONS. When you contact us or purchase any of the available book packages, you consent to receive communications from us electronically. You agree that any such communication via email shall constitute legal written communication in compliance with any and all legal notice requirements.
16. ARBITRATION. You and the Proprietor agree that any dispute, claim or controversy arising out of or relating in any way to these terms and conditions or Water Welders products offered shall be determined by binding arbitration or in small claims court. By agreeing to these terms, you agree the Federal Arbitration Act of the United States governs the interpretation and enforcement of this arbitration clause, and that you and Proprietor are each WAIVING THE RIGHT TO A TRIAL BY JURY OR THE RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR ARBITRATION. YOU AND WE AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless we jointly agree otherwise, the arbitrator may not consolidate more than one person’s claims with either of our claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
You may opt out of this arbitration clause at the time you first provide information to or make a purchase from Proprietor, by providing written notice to us here: [email protected].
You can obtain a Notice form and a form to initiate arbitration at www.adr.org. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879 FREE, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless Proprietor and you agree otherwise, any arbitration hearings will take place in the State of Missouri if you reside in Missouri or via video conferencing or telephone conference as determined by the arbitrator in their sole discretion taking into account the written requests of the parties should you reside in a jurisdiction other than Missouri.
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If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, or through a telephonic hearing. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a written decision in sufficient detail to explain the essential findings and conclusions on which the decision is based. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
This arbitration provision shall survive termination or amendment of these terms and conditions as well as the return or refund of any Water Welders products.
17. AMENDMENTS. Proprietor reserves the right to amend this agreement. Should Proprietor seek an amendment, we shall:
(a) provide you notice by email of said change 15 days prior to the change going into force.
(b) clearly publish on the home page of the Site the fact an amendment will be made with a link to a page detailing the changes, the date the changes will go into effect and contact information so you may discuss the proposed changes with us.
Should a court of competent jurisdiction rule this Amendment provision invalid, then this Amendment clause shall be terminated as part of this agreement and the original terms shall apply. All amendments to this agreement shall be forward looking.
18. GOVERNING LAW. This agreement shall be construed in accordance with and governed by the laws of the United States and the State of Missouri, without reference to their rules regarding conflicts of law. Should a dispute arise in which arbitration is not pursued for any reason, you agree that the jurisdiction for any lawsuits or legal matters shall be solely that of the state or federal courts located in Kansas City, Missouri.
19. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in this agreement to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of this agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
20. NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Proprietor or by any third party.