Terms and Conditions of Sale
Use of this website constitutes acceptance of the Terms and Conditions. By purchasing a QI© Test, buyer agrees to Terms and Conditions of Sale.
Terms and Conditions of Sale
The following definitions apply to this Agreement:
“Buyer” shall mean the individual specified on the order page;
“Intellectual Property” shall mean all trademarks, copyrights, patent rights, inventions, know-how, whether or not patentable, trade secrets and other intangible rights arising as a result of the development, design and/or manufacture of a Product.
“Product” shall mean the mechanism and structure of the QI© Test, providing access to the questions on the test to the Buyer, establishing a reliable communication base and providing the buyer with an analysis of the QI Test mechanism for comparison with the Buyer’s analysis of the mechanism .
“Having QI” or “Possessing QI” shall meant that the Buyer’s analysis of the QI© Test mechanism matched the Seller’s analysis.
“Seller” shall mean D & M Publishing, LLC., and each of its affiliates.
Notice to the Buyer
Do not indicate that you have “Read Terms and Conditions” until you have actually done so or if there are any blank spaces in this document.
You are entitled to an exact copy of these terms and conditions. Keep it to protect your rights.
All sales of the Product to the Buyer are final and no returns or refunds will be permitted or processed. Buyer shall bear all risks of loss or damage to the Product from any cause from the date of receipt of the Product.
Buyer’s obligations under this agreement are absolute, non-cancelable and shall continue without abatement and regardless of any disability of buyer to use the product or any part thereof for any reason including, but not limited to war, act of God, governmental regulations, strike, loss damage, destruction, obsolescence, or termination of use by law or any other cause.
The Seller owns all Intellectual Property in the Product. The mechanism, structure, organization and analysis of the product are the valuable trade secrets and confidential information of the Seller. The Product is protected by law, including without limitation, the copyright laws of the United States. This Agreement does not grant the Buyer any Intellectual Property rights in the Product and all rights not expressly granted are reserved by the Seller. The Seller is permitting the Buyer to use the Product only in accordance with the terms of this Agreement.
The Product is intended for the sole use of the Buyer and is not to be copied, resold or displayed in any forum or medium other than as expressly permitted in this Agreement. Any use of the Product by any other the individual is strictly prohibited. The Buyer may not, rent, lease, sublicense, assign or transfer any of Buyer’s rights in the Product, or authorize all or any portion of the Product to be copied
THE PRODUCT IS BEING SOLD TO THE BUYER AS INFORMATION ONLY AND WITHOUT ANY GUARENTEE, WARRANTY OR INDEMNITY OF ANY KIND. THE SELLER MAKES NO CLAIMS, WARRANTIES, CONDITIONS, INDEMNITIES, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, INTEGRATION, ACCURACY, SECURITY, AVAILABILITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE PRODUCT. THE BUYER AGREES AND ACKNOWLEDGES THAT THE SELLER HAS MADE NO REPRESENTATION, CLAIMS OR PROMISES REGARDING THE BUYER’S QI RESULT AND ANYTHING THEY SHOULD DECIDE TO DO IN THE FUTURE.
UNDER NO CIRCUMSTANCES WILL THE SELLER BE LIABLE TO THE BUYER, OR ANY OTHER PERSON OR ENTITY, FOR ANY LOSS OF USE, REVENUE OR PROFIT, COMMERCIAL OR ECONOMIC LOSS OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, STATUTORY, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER RELATED TO THE BUYER’S USE OR RELIANCE UPON THE PRODUCT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES ARE FORESEEABLE. THIS LIMITATION SHALL APPLY EVEN IN THE EVENT OF A FUNDAMENTAL OR MATERIAL BREACH OR A BREACH OF THE FUNDAMENTAL OR MATERIALTERMS OF THIS AGREEMENT.
The Buyer agrees to hold the Seller and each of its officers, directors and employees harmless from any and all liabilities, losses, actions, damages, or claims (including all reasonable expenses, costs, and attorneys fees) arising out of or relating to any use of, or reliance on, any Product or any other action taken by the Buyer in relation to the Product.
Indemnity. Buyer shall indemnify and hold Seller harmless from and against any and all claims, actions, suits, proceedings, costs, expenses, damages, and liabilities, including legal tees (on a solicitor and own client basis) arising out of, connected with, or resulting from the Product, use of the Product or this Agreement. Such indemnity shall survive the termination or expiration of the Agreement.
This Agreement shall inure to the benefit of and is binding upon the heirs, personal representatives, successors and permitted assigns of the parties hereto.
Time is of the essence of this Agreement.
This Agreement contains the entire arrangement between Seller and Buyer, and no modification of this Agreement shall be effective unless in writing and executed by Seller.
All covenants and obligations of Buyer to be performed pursuant to this Agreement, including all payments to be made by Buyer hereunder, shall survive the expiration or earlier termination of this Agreement
If more than one Buyer is named in this Agreement, the liability of each shall be joint and several.
In the event any provision of this Agreement shall be unenforceable, then such provision shall be deemed deleted, however all other provisions hereof shall remain in full force and effect.
All notices under this Agreement shall be deemed given when delivered personally or when sent by certified mail to the party intended at its address set forth herein; in the CONTACT US section fo the website, or such other addresses said party may provide in writing from time to time.
This Agreement shall be governed, interpreted and construed in accordance with the laws of the State of the State of Delaware.
In the event of any litigation arising out of this Agreement, the prevailing parties in such suit or proceedings shall be entitled to receive from the non-prevailing parties all costs of prosecuting or defending such suit or proceedings, including, without limitation, reasonable attorneys' fees at trial and all appellate levels.
THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT EITHER MAY HAVE TO A TRIAL BY JURY IN RESPECT TO ANY LITIGATION BASED HEREON, OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS OF EITHER PARTY.
Each party irrevocably and unconditionally agree that: (a) any suit, action or legal proceeding arising out of or relating to this Agreement shall be brought in the courts of record of the State of Delaware or the United States District Court of Delaware, (a) consents to the jurisdiction of each such court in any suit, action or proceeding, and (c) waives any objection to the venue of any suit, action or proceeding in any such court
All remedies of Seller hereunder are cumulative, are in addition to any other remedies provided for by law, and may, to the extent permitted bylaw, be exercised concurrently or separately. The exercise of any one remedy shall not be deemed to be an election of such remedy or to preclude the exercise of any other remedy. No failure on the part of Seller to exercise and no delay in exercising any right or remedy shall operate as a waiver thereof or modify the terms of this Agreement. A waiver of default shall not be a waiver of any other or subsequent default.
P R I V A C Y P O L I C Y
This statement discloses the privacy practices for D & M Publishing LLC ("Website"). Because if we don’t, we will be harassed and probably sued and maybe even persecuted. To us, it’s enough to say: We don’t share or abuse your personal information, but that’s not enough, so here’s what you can expect to be notified of:
What personally identifiable information is collected
How the information is used
With whom the information will be shared
This Website's opt-out policy
How We Collect Information
This Website collects information that falls into one of two categories -- personally identifiable information and aggregated information. Personally identifiable information is information that can be used to identify you.
Aggregated information is information that is not associated with a specific user, such as the number of people who visit the Website from various states.
We collect personally identifiable information whenever you voluntarily submit it to the Website. Particularly when you buy a QI Test. You always have the option of choosing not to reveal this personally identifiable information to us, although you can’t buy your QI test without at least telling us what your name is. It is kind of difficult to conduct business in complete anonymity, the important thing is what we DO with any information we collect from you. What we do with any information we collect from you is absolutely nothing. We use it to generate a receipt of a sale, which is internal information and nobody else’s business, which is what we also believe your personal information is: nobody else’s business.
We collect and store statistics and other information about the online activities of our visitors on an aggregated (collective) basis, because we have to keep an ACCOUNTING of what we do. For example, we track the number of people who view each page, the order in which pages are viewed, and other information to learn which features are the most popular and to refine our design and marketing efforts.
Information We Gather or Track
Information on general usage and any optional personal details you provide to us will be used to calculate who has visited us and tabulate sales. The following are details of the information we collect:
D & M Publishing LLC collects data that you enter, such as your name, so that we know who visited our website.
Your computer reaches us via a particular IP, (Internet Protocol), address. This can tell us things like what part of the world you're connecting from. Or what service provider you are using.
We may ask for contact information or unique identifying information to be able to contact you if we need to. Any good business should be able to communicate with its customers.
How We Use and Disclose Your Information
Some online activities necessarily lead to disclosure of your personally identifiable information to third parties, such as when you include your name and email address in a postcard. That information is solely used for the single purpose stated and is never stored or redistributed. For such activities, a separate warning may not be provided. Your choice to disclose personally identifiable information in these cases is voluntary.
D & M Publishing LLC will never assign, sell, license, or otherwise transfer to a third party, your name, address, e-mail address, member name and any other personal information in connection with an assignment, sale, joint venture, or other transfer or disposition of a portion or all of the assets or stock of D & M Publishing LLC or its affiliated entities.
Limits on Our Abilities
We cannot fully ensure that your private communications and other personally identifiable information will not be disclosed to third parties. We may be forced to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. If we need to investigate or resolve possible problems or inquiries, we have no choice but to disclose any information about you to private entities, law enforcement or other government officials as we really have no choice.
We use our best efforts to safeguard the confidentiality of your personal identifiable information, such as not leaving it laying around where anyone can find it. However, "perfect security" does not exist on the Internet.
We hope this policy clarifies our procedures regarding your personal information. We at D & M Publishing LLC encourage you to learn as much as you can about your privacy on the Internet. To learn more, visit TRUSTe at: http://www.truste.org/ and GetNetWise at: http://www.getnetwise.org/.