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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 DIRECT, 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
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AGREEMENT.
Online
Contract The following is the terms
of the agreement between Fast CE ("Company") and the buyer/user
("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(s) 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. Buyer shall be responsible for all charges incurred
through use of Buyer's password. Buyer agrees to keep his or her password
confidential and to notify Company within 24 hours of any breach of this.
Contract or unauthorized use of the password. Company does not protect Buyer
from unauthorized use of Buyer's password.
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. Without notice, 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.
Competing vendors, employees or agents are not allowed to attend the
FastCE.com live seminars without express written consent of FastCE.com.
Should a competing vendor, employee or agent be found to register/attend a
FastCE.com live seminar without prior express written�permission they
will be immediately asked to leave�the facility. Should a competing
vendor, employee or agent be found to have registered/attended
a�FastCE.com live seminar without express written consent of
FastCE.com. The competing vendor, employee and agent all agree to pay
FastCE.com damages in the amount of $10,000 immediately upon request. With
an additional $1,000 added to for every week that full payment is not made.
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. All sales are final. See the refund the
page of this web site for complete detail. This Section 9 sets forth Buyer's
sole and exclusive right to refund.
10. 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.
11. Miscellaneous. This
Contract shall be treated as though it were executed and performed in
Houston, Harris County, and shall be governed by and construed in accordance
with the laws of the United States of America and of the State of Texas
(without regard to conflict of law principles). Any cause of action from the
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 Houston, Harris County, Texas
USA 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.
If you do not
Agree with this contract and disclaimer, then you will not be allowed to
purchase any goods, services or make use information presented on this web
site and you must exit this web site immediately!!!
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�
- The use of this site, and the terms and conditions for our providing
information, is governed by our Disclaimer
and online contract. By using this site, you acknowledge that you have
read the Disclaimer, Online Contract and that you accept it and will be
bound by the terms there of.
Copyright � 2001 by Fast
CE.. All the text, graphics, audio, design, software, and other
works are the copyrighted works of Fast CE All Rights Reserved. Any
redistribution or reproduction of any materials herein is strictly
prohibited.
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