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| Terms and Conditions |
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By ordering any product from CPMI Professional Development, Inc. you agree to be bound by the Terms and Conditions listed below. Customer and CPMI Professional Development, Inc. agree that the following Terms and Conditions are the exclusive terms governing the sales transaction between Customer and CPMI Professional Develpment, Inc. 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.
1. Warranties
a). Seller warranties. CPMI Professional Development, Inc. makes no representation or express warranty with respect to the products it sells except those stated in this document. CPMI Professional Development, Inc. disclaims all other warranties, express or implied, as to any such product, 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 of performance.
b). Customer obligations. Customer acknowledges that CPMI Professional Development, Inc. has expended considerable time, effort and money in developing the training materials. Customer agrees that he will not make copies of, or otherwise reproduce any portion of the materials. Customer further agrees that he will not use or attempt to use, either directly or indirectly, all or any portion of the materials for any purpose other than the individual use of the Customer and that Customer will not use all or any portion of the program materials for profit to the Customer.
2. Limitation of Liability
In all circumstances the maximum liability of CPMI Professional Development, Inc. is limited to the purchase price of the products sold. CPMI Professional Development, Inc. shall not, under any circumstances, be liable upon a claim or action in contract, tort, indenmity or contribution, or other claims relating to the products it sells which exceed this liability limit. CPMI Professional Development, Inc. 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 CPMI Professional Development, Inc. is apprised of the possibility of such claims or damages.
3. Payment Terms
CPMI Professional Development, Inc. must receive payment before it will accept an order. Payment for product(s) ordered is due prior to shipment. Customer can make payment by credit card, or some other method prearranged with CPMI Professional Development, Inc. Customer agrees to pay the amount(s) due as specified on the invoice, and customer agrees 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.
4. Default
Failure on the part of the Customer to pay for product as required by these Terms and Conditions constitutes a breach of the obligations of the customer. In the event of a breach by the Customer, CPMI Professional Development, Inc. may pursue any reasonable fees for attorneys in pursuing relief as a result of the default by the Customer.
5. Refund Policy
Customer agrees to the CPMI Professional Development, Inc. refund policy as below.
CPMI Professional Development offers our customers 30 days from the original invoice date for a refund on all purchases returned in new, unused, re-saleable condition, except:
Rentals - non-refundable.
Software - non-refundable once registration is given.
DVDs and Audio CDs are non-refundable. Product will be replaced if product is defective and CPMI Professional Development, Inc. is notified product is defective within 3 days of receipt by customer.
Materials sold as a set (e.g. book and exam CD) - part of the set cannot be returned for refund.
A 15% restocking fee (with $10.00 minimum) will apply to all returns. All shipping charges are non-refundable.
Customer is solely responsible for shipping any returned product to CPMI Professional Development, Inc. Customer agrees to use only reputable carriers capable of providing proof of delivery and insurance for the entire value of the shipment. Customer agrees to bear all shipping charges and all risk of loss for the return of product during shipment. Customer agrees that all returned products will be 100% complete, unused and in re-saleable condition. If any component of the returned product is missing, or not in unused and re-saleable condition, the CPMI Professional Development, Inc. refund policy will be breached and CPMI Professional Development, Inc. will reject the entire return. These terms apply to all refunds.
6. DVD Seminar Rental Agreement
The DVD Seminar Rental Agreement applies to all DVD Seminar Rental customers.
DVD Seminar Rental Agreement is entered into between CPMI Professional Development, Inc. and the "Rental Customer" on the date of the on-line DVD Seminar Rental payment.
a. CPMI Professional Development, Inc. agrees to rent the DVD developed and produced by CPMI Professional Development, Inc. to the Rental Customer for a period of twenty-eight (28) days from the date of the on-line DVD Seminar Rental payment.
b. Rental Customer agrees to pay for the rental of the DVDs and all renewals as stated in "DVD Seminar Rental Agreement".
c. Rental Customer agrees to return the DVDs to CPMI Professional Development, Inc. at the expiration of the DVD Seminar Rental period (28 days) in good condition.
d. Rental Customer agrees to pay the cost of replacement of any DVDs damaged or destroyed while in the possession of Rental Customer, and no rental fees paid by the Rental Customer shall be applied to the cost of replacement.
e. The rental period shall be twenty-eight days from the date of on-line DVD Seminar Rental payment, inclusive of days in transit. If a Rental Customer fails to return the DVDs by the 28th day, a new rental period shall begin, and the Rental Customer shall pay a new rental fee. If a Rental Customer fails to return the DVDs by the end of the third consecutive rental period, the Rental Customer must purchase the DVDs for the cost of the three rental periods plus $125.00 for DVD Seminar Rental: Life or DVD Seminar Rental: Health, or plus $250.00 for DVD Seminar Rental: Life and Health or DVD Seminar Rental: Property and Casualty.
f. DVD Seminar Rental Customer agrees that additional rental or purchase charges will be billed to the credit card used for the initial rental period.
g. Failure on the part of the Rental Customer to return, or pay for the DVD Seminar Rental as required by this "DVD Seminar Rental Agreement" constitutes a breach of the obligations of the Rental Customer. In the event of a breach by the Rental Customer, CPMI Professional Development, Inc. may pursue any reasonable fees for attorneys in pursuing relief as a result of default of Rental Customer.
7. Miscellaneous
A. Choice of Law/Venue. Any dispute arising out of or related to these Terms and Conditions shall be interpreted in accordance with the laws of the state of Illinois. In the event of any dispute between the parties, the parties agree to submit to the jurisdiction of the courts of the state of Illinois. The parties further agree that proper venue for any action shall lie and be within Peoria County, Illinois. The Customer also agrees not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against CPMI Professional Development, Inc. that is more than one year after the date of the applicable invoice.
B. Invalidity. In the event a Court determines that any of the provisions of this Agreement are invalid, such determination shall not affect the validity of the remainder of the provisions of the Agreement.
C. Entirety of Agreement. These Terms and Conditions contains the entire agreement between the parties and no oral representation, warranty or covenant exists. These Terms and Conditions supercede and nullify any agreement (or offer or counteroffer) as may have been given or entered into by the parties prior to the date of this on-line transaction. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.
D. Terms of Agreement Failure of CPMI Professional Development, Inc. to enforce a right under this Agreement shall not act as a waiver of that right or the ability to later assert that right relative to the particular situation involved.
E. Captions/gender. The captions contained in this Agreement are included for convenience only and do not control the agreement of the parties. The use of the masculine gender is intended to apply to both males and females. |
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