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 IMC 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 IMC website for an IMC publication (“IMC Publication”) or an IMC subscription service (“IMC 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 eShowcase Inc, doing business as “The Internet Marketing Center” (“IMC”).
Purchase and Payment. Under this Agreement, IMC agrees to provide to you, and you agree to purchase from IMC, the IMC Publication or IMC Service described in your Order Form. You also agree to pay the purchase price shown on the IMC website for the IMC Publication or IMC Service that you have ordered. If you have purchased an IMC 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 IMC Service. You may cancel the IMC Service at any time by sending an email to IMC at email@example.com, after which you will not be charged any further fees for ongoing use of the IMC Service. Your obligation to purchase and pay for also applies to any IMC Publications and IMC Services that are offered to you as a “trial offer” unless and until you cancel your use of those IMC Publications or IMC Services.
IMC Materials. IMC Publications and any newsletters and other materials that you may receive from IMC as part of an IMC Service (collectively, “IMC Materials”) are the exclusive property of IMC and are protected by copyright and other applicable laws. The IMC Materials are for your own personal use, and you cannot copy any portion of the IMC Materials without the written permission of IMC or distribute additional copies of IMC Materials to others.
Forums. In some instances, your purchase of IMC 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 IMC’s Acceptable Use Policy (available at http://www.marketingtips.com/aup.html ) and any other rules set out by IMC for participants in Forums. If you fail to comply with IMC’s Acceptable Use Policy and other rules, IMC may suspend or terminate your access to the Forums.
Discounts. IMC may offer you various discounts, savings and other benefits on other products or services of IMC or its affiliates in connection with your purchase of IMC Publications or IMC Services. IMC 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 IMC in its discretion from time to time.
Success of Your Business. IMC Publications, IMC Services and IMC Materials (collectively, “IMC Products”) are provided for informational purposes only, and what you derive from your use of IMC Products depends upon your commitment to and effort in applying the information to your business. IMC 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 IMC 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. IMC may offer a time-limited, money-back guarantee on some IMC Publications and IMC Services. If there is a guarantee applicable to the IMC Publication or IMC Service that you have purchased, that guarantee is as set out on the applicable product page of the IMC website at the time you purchased the IMC Publication and IMC Service (the “Guarantee”). If during the time-limited period of your Guarantee period you are not satisfied with the IMC Publication or IMC Material you purchased, IMC will refund the purchase price to you. This is your sole and exclusive remedy against IMC and IMC’s sole and exclusive liability and obligation to you in connection with your purchase of any IMC Publication or IMC 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) IMC’s liability (if any) under this Agreement or otherwise is limited to the purchase price paid by you for the IMC Products, and in no event will IMC 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 IMC 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 IMC or any person for whom IMC is responsible, and even if IMC has been advised of the possibility of such potential loss or damage being incurred; and (b) in no event will IMC’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 IMC or any person for whom IMC is responsible, and even if IMC has been advised of the possibility of such potential loss or damage being incurred, exceed the purchase price paid by You to IMC for the Materials. In this paragraph, “IMC” includes IMC 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 the State of Washington 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 Washington sitting in Seattle, 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 IMC 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 IMC 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.