Effective April 1, 2009
Thank you for your decision to purchase one of our products or services. Please read these Terms and Conditions carefully as they contain important information that apply to you and your purchase, and will become a binding agreement between you and M2-TEC USA, INC. 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
When completing an online order at the M2-TEC website for an M2-TEC publication (“M2-TEC Publication”) or an M2-TEC service (“M2-TEC Service”), 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 M2-Tec USA, Inc.
Purchase and Payment
Under this Agreement, M2-TEC agrees to provide to you, and you agree to purchase from M2-TEC, the M2-TEC Publication or M2-TEC Services described in your Order Form. You also agree to pay the purchase price shown on the M2-TEC website for the M2-TEC Publication or M2-TEC Services that you have ordered. If you have purchased an M2-TEC 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 M2-TEC Service. You may cancel the M2-TEC Service at any time by sending an email to M2-TEC at
, after which you will not be charged any further fees for ongoing use of the M2-TEC Service. Your obligation to purchase and pay for also applies to any M2-TEC Publications and M2-TEC Services that are offered to you as a “trial offer” unless and until you cancel your use of those M2-TEC Publications or M2-TEC Services.
M2-TEC Publications and any newsletters, tips and other materials that you may receive from M2-TEC as part of an M2-TEC Service (collectively, “M2-TEC Materials”) are the exclusive property of M2-TEC and are protected by copyright and other applicable laws. The M2-TEC Materials are for your own personal use, and you cannot copy any portion of the M2-TEC Materials without the written permission of M2-TEC or distribute additional copies of M2-TEC Materials to others.
M2-TEC may offer you various discounts, savings and other benefits on other products or services of M2-TEC or its affiliates in connection with your purchase of M2-TEC Publications or M2-TEC Services. M2-TEC 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 M2-TEC in its discretion from time to time.
Success of Your Business
M2-TEC Publications, M2-TEC Services and M2-TEC Materials (collectively, “M2-TEC Products and services”) are provided for informational purposes only, and what you derive from your use of M2-TEC Products and services depends upon your commitment to and effort in applying the information to your business. M2-TEC 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 M2-TEC 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.
M2-TEC may offer a time-limited, money-back guarantee on some M2-TEC Publications and M2-TEC Services. If there is a guarantee applicable to the M2-TEC Publication or M2-TEC Service that you have purchased, that guarantee is as set out on the applicable product page of the M2-TEC website at the time you purchased the M2-TEC Publication and M2-TEC Service (the “Guarantee”). If during the time-limited period of your Guarantee period you are not satisfied with the M2-TEC Publication or M2-TEC Material you purchased, M2-TEC will refund the purchase price to you, minus 10% of the net purchase price – for administration purposes. This is your sole and exclusive remedy against M2-TEC and M2-TEC’s sole and exclusive liability and obligation to you in connection with your purchase of any M2-TEC Publication or M2-TEC 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) M2-TEC’s liability (if any) under this Agreement or otherwise is limited to the purchase price paid by you for the M2-TEC Products, and in no event will M2-TEC 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 M2-TEC 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 M2-TEC or any person for whom M2-TEC is responsible, and even if M2-TEC has been advised of the possibility of such potential loss or damage being incurred; and (b) in no event will M2-TEC’s total aggregate liability to you or any other person or business entity 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 M2-TEC or any person for whom M2-TEC is responsible, and even if M2-TEC has been advised of the possibility of such potential loss or damage being incurred, exceed the purchase price paid by you to M2-TEC for the Materials. In this paragraph, “M2-TEC” includes M2-TEC and its past, present and future directors, officers, employees, agents, representatives, subcontractors, service providers, successors, permitted assigns, partners, affiliates 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 the State of Florida and the federal laws of the United States applicable therein without regard to conflict of laws rules. All disputes relating to this Agreement shall be resolved before the Courts of the State of Florida sitting in Tallahassee, and you hereby irrevocably submit to the jurisdiction of the courts of the State of Florida 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.
The exclusion or limitation of certain liabilities is prohibited by law in some jurisdictions. Such limitations may apply to you.
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 ensure 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 M2-TEC 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 M2-TEC with respect to the subject matter of this Agreement. All amounts are stated in U.S. dollars. Purchase prices are exclusive of shipping and handling charges and any applicable taxes, customs or duties.