Customer Service

 

Flavell & Company
Terms and Conditions of Purchase

Effective February 1, 2008

Thank you for your decision to purchase one of our products or services.  Before you continue with your purchase, please read these Terms and Conditions carefully because they contain important information that apply to you and your purchase, and will become a binding agreement between you and Flavell & Company once you complete your order.  If you do not agree to all of these Terms and Conditions, do not submit your order! 

Your Order and Agreement.  You have completed an online order and verification screen (“Order Form”) at the Flavell website for an Flavell product, publication or subscription service .  In order to complete your purchase, you must (1) read these Terms and Conditions, and (2) submit your order at the bottom of the Order Form.  Once you do so, these Terms and Conditions are a binding agreement between you and Flavell & Company (“Flavell”).

Purchase and Payment.  Under this Agreement, Flavell agrees to provide to you, and you agree to purchase from Flavell, the Flavell Product, Publication or Service described in your Order Form.  You also agree to pay the purchase price shown on the Flavell website for that you have ordered.  If you have purchased a Flavell Service for which there is an ongoing subscription or other fee, you agree to pay that fee for so long as you continue to use the Flavell Service.  You may cancel the Flavell Service at any time by sending an email to Flavell at info@flavell.com, after which you will not be charged any further fees for ongoing use of the Flavell Service.  Your obligation to purchase and pay for also applies to any Flavell Publications and Flavell Services that are offered to you as a “trial offer” unless and until you cancel your use of those Flavell Publications or Flavell Services.

Flavell Materials.  Flavell Publications and any newsletters and other materials that you may receive from Flavell as part of an Flavell Service (collectively, “Flavell Materials”) are the exclusive property of Flavell and are protected by copyright and other applicable laws.  The Flavell Materials are for your own personal use, and you cannot copy any portion of the Flavell Materials without the written permission of Flavell or distribute additional copies of Flavell Materials to others. 

Forums.  In some instances, your purchase of Flavell Services may include access to live question and answer conference calls, online discussion forums and similar interactive communications (collectively, “Forums”).  If you participate in Forums, you must comply with Flavell’s Acceptable Use Policy  and any other rules set out by Flavell for participants in Forums.  If you fail to comply with Flavell’s Acceptable Use Policy and other rules, Flavell may suspend or terminate your access to the Forums. 

Discounts.  Flavell may offer you various discounts, savings and other benefits on other products or services of Flavell or its affiliates in connection with your purchase of Flavell Publications or Flavell Services.  Flavell does not guarantee the availability of particular discounts, savings or other benefits on specific products or services, and any discounts, savings or benefits are subject to change, time limits and conditions as may be determined by Flavell in its discretion from time to time.

Success of Your Business.  Flavell Publications, Flavell Services and Flavell Materials (collectively, “Flavell Products”) are provided for informational purposes only, and what you derive from your use of Flavell Products depends upon your commitment to and effort in applying the information to your business.  Flavell does not represent, warrant or guarantee that you will achieve any particular results in your business as a result of your purchase and use of Flavell Products.  You acknowledge that the success of your business depends on the quality of your business concept, your skills and effort in connection with your business and external factors such as the general economy.

Guarantee.  Flavell may offer a time-limited, money-back guarantee on some Flavell Publications and Flavell Services.  If there is a guarantee applicable to the Flavell Publication or Flavell Service that you have purchased, that guarantee is as set out on the applicable product page of the Flavell website at the time you purchased the Flavell Publication and Flavell Service (the “Guarantee”).  If during the time-limited period of your Guarantee period you are not satisfied with the Flavell Publication or Flavell Material you purchased, Flavell will refund the purchase price to you.  This is your sole and exclusive remedy against Flavell and Flavell’s sole and exclusive liability and obligation to you in connection with your purchase of any Flavell Publication or Flavell Service or anything arising out of or relating to that purchase or this Agreement.

Exclusion/Limitation Of Liability.  Notwithstanding any other provision of this Agreement, and to the maximum extent permitted by applicable law: (a) Flavell’s liability (if any) under this Agreement or otherwise is limited to the purchase price paid by you for the Flavell Products, and in no event will Flavell be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage, arising from, connected with, or relating to this Agreement, the subject matter of this Agreement, any Flavell Product or otherwise, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including fundamental breach or gross negligence) by Flavell or any person for whom Flavell is responsible, and even if Flavell has been advised of the possibility of such potential loss or damage being incurred; and (b) in no event will Flavell’s total aggregate liability to You or any other person under this Agreement or otherwise, under any contract, negligence, strict liability or other legal or equitable theory, regardless of any negligence or other fault or wrongdoing (including fundamental breach or gross negligence) by Flavell or any person for whom Flavell is responsible, and even if Flavell has been advised of the possibility of such potential loss or damage being incurred, exceed the purchase price paid by You to Flavell  for the Materials.  In this paragraph, “Flavell” includes Flavell and its past, present and future directors, officers, employees, agents, representatives, subcontractors, service providers, successors, permitted assigns, and related persons.

Governing Law and Disputes.  This Agreement and all related matters will be governed by and interpreted in accordance with the laws of Scotland.  All disputes relating to this Agreement shall be resolved before the Courts of Scotland, and you hereby irrevocably submit to the jurisdiction of the courts of the State of Washington and waive any objection that you may now or hereafter have based on inconvenient forum for such proceedings.  The United Nations Convention on the International Sale of Goods will not apply to this Agreement.

Other Rights.  The exclusion or limitation of certain liabilities is prohibited by law in some jurisdictions.  Such limitations may apply to you.

Miscellaneous.  You represent that you are of legal age to enter into binding contracts under the laws of the jurisdiction where you reside.  If any provision of this Agreement is held to be invalid or unenforceable for any reason, then the provision will be deemed to be severed from this Agreement and the remaining provisions will continue in full force and effect without being impaired or invalidated in any way, unless as a result of any such severance this Agreement would fail in its essential purpose.  This Agreement will enure to the benefit of and be binding upon the parties and their respective heirs, executors, administrators, personal representatives, successors and assigns.  This Agreement sets forth the entire agreement and understanding of you and Flavell with respect to the subject matter of this Agreement and supersedes any and all previous communications, representations, negotiations, discussions, agreements or understanding, whether oral or written, between you and Flavell with respect to the subject matter of this Agreement.  All amounts are stated in GB ponds sterling.  Purchase prices are exclusive of shipping and handling charges and any applicable taxes, customs or duties.

Flavell & Company

 

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