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HOME TUTORING BUSINESS STANDARD TERMS AND CONDITIONS
IMPORTANT! READ THESE STANDARD TERMS
AND CONDITIONS (THE "TERMS") CAREFULLY BEFORE YOU
AGREE TO PURCHASE. BE SURE YOU UNDERSTAND THEM, AND THAT YOU
AGREE TO BE BOUND BY THE TERMS. IF YOU DO NOT AGREE TO THE
TERMS, DO NOT PURCHASE. IF YOU DO AGREE CLICK "I AGREE"
AND AN AUTOMATED EMAIL WILL BE SENT TO US.
THE FOLLOWING TERMS CONSTITUTE A BINDING
AGREEMENT BETWEEN YOU AND BRIGHT APPLE TUTORING AND EDUCATIONAL
SERVICES, INC., A CALIFORNIA CORPORATION, DBA HOME TUTORING
BUSINESS (THE “COMPANY”).
1.MATERIALS. The Home Tutoring Business Package that you are purchasing consists of The Complete Home Tutoring Business Manual (the “Manual”), telephone consultation services (the amount of which will depend on which package you purchase), and other materials available from the Home Tutoring Business website such as forms and advertisements, and (depending on which package you purchase) may include a license to use the Company's customized accounting software program (the “Software”) (the Manual, the Software, and all other materials available from the Company are collectively, the “Materials”). The Home Tutoring Business Package also includes RTWare or Net1 Virtual Terminal, products which are activated on your desktop computer or via your cell phone and/or land line to process credit card transactions, i.e. a Virtual Terminal and (depending on which package you purchase) may include website design services and certain promotional materials, all of which are products and services that are provided by third parties designated by the Company (collectively, the “Third Party Products”). The Materials, consulting services and Third Party Products are collectively referred to herein as the "HTB Business Package." The HTB Package does not include the right to use any of the Company's trade names, trademarks, service marks or logos, including without limitation, the following marks: "Bright Apple," "Bright Apple Tutoring," "Home Tutoring Business," or any combination of such marks.
2. COPYRIGHT. The Materials are protected
by United States Copyright Law and trade secret law. The Company
expressly reserves all rights therein. You may not copy the
Materials other than for your own use. You may not sell, lease,
license, publish, distribute, transfer, or assign the Materials.
You may not remove any copyright or proprietary notice from
the Materials.
3. NO REFUNDS. All sales are final and no
refunds will be issued.
4. CONSULTING SERVICES. If your Home Tutoring
Business Package includes complimentary consulting services,
such services must be used during the first six months after
the date that the Home Tutoring Business Package is delivered
to you. All complimentary consulting services shall be
provided by telephone or e-mail unless otherwise agreed to
in writing by the Company.
5. The Home Tutoring Business Complete Package includes website design, which consists of
the initial, basic design of your website.
You will be responsible for any other fees
or charges in connection with the website, including but not
limited to (i) additional customization services, and (ii)
website hosting and maintenance fees. The Company's obligation
to pay for website design services shall terminate automatically if you fail to engage the Company's
designated provider to commence providing website design within six months after the date that the
Home Tutoring Business Complete Package is delivered to you.
6. NO REPRESENTATIONS. OTHER THAN INFORMATION
PROVIDED BY THE COMPANY ON ITS WEBSITE [www.hometutoringbusiness.com],
THE COMPANY MAKES NO REPRESENTATION OR WARRANTY ABOUT THE
HTB PACKAGE. IN PURCHASING THE HTB PACKAGE (OR ANY PORTION
THEREOF), YOU AGREE THAT YOU ARE NOT RELYING ON ANY ORAL STATEMENT
OR REPRESENTATION BY THE COMPANY OR ANY OTHER REPRESENTATION
THAT IS NOT CONTAINED ON THE COMPANY’S WEBSITE.
7. THE COMPANY
IS PROVIDING THE HTB PACKAGE "AS IS” AND WITHOUT
WARRANTY OF ANY KIND. YOUR USE OF ANY PORTION OF THE HTB PACKAGE
IS AT YOUR OWN RISK. THE COMPANY HEREBY DISCLAIMS ALL EXPRESS
OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE,
ACCURACY, RELIABILITY, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR
EXCLUSION OF IMPLIED WARRANTIES SO THESE WAIVERS MAY NOT APPLY
TO YOU.
8. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES
AND UNDER NO LEGAL THEORY, INCLUDING, WITHOUT LIMITATION,
TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, SHALL THE
COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES,
SUPPLIERS, AND LICENSORS, AND THE PROVIDERS OF THIRD PARTY
PRODUCTS (COLLECTIVELY, THE “INDEMNIFIED PERSONS”)
BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOST DATA, LOST
PROFITS, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE,
OR EXEMPLARY DAMAGES, OR LOSSES THAT YOU MAY INCUR IN CONNECTION
WITH YOUR USE OF ANY PORTION OF THE HTB PACKAGE, REGARDLESS
OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION,
EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF
DAMAGE OR LOSS. IN NO EVENT SHALL THE LIABILITY OF THE INDEMNIFIED
PERSONS FOR ANY DIRECT DAMAGES ARISING FROM OR RELATING TO
THE TERMS OR THE HTB PACKAGE EXCEED THE PURCHASE PRICE FOR
SUCH ITEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.
9. INDEMNITY. You hereby agree to indemnify
and hold the Indemnified Persons harmless from, and you covenant
not to sue the Indemnified Persons for, any and all damages,
liabilities, costs, and expenses (including court costs and
attorneys’ fees) arising from claims related to (i)
your negligence, error, omission, or willful misconduct, (ii)
your breach of the Terms, (iii) any claim by a third party
that the Indemnified Persons, due to your use of any portion
of the HTB Package, are liable for contributory infringement
of a copyright, patent, trade secret, or other proprietary
right of a third party, provided that this indemnity will
not apply to any claim to the extent any portion of the HTB
Package delivered by the Company infringe on a proprietary
right of a third party, or (iv) any claim by a third party
that the Indemnified Persons, due to your use of or inability
to use any portion of the HTB Package, are liable to a third
party in tort or under statutory liability. You shall cooperate
as fully as reasonably required in the defense of any claim.
The Company reserves the right to assume the exclusive defense
and control of any matter otherwise subject to indemnification
by you and you shall not settle any matter without the Company’s
prior written consent.
10. EXPORT CONTROLS. You shall comply with
all export laws and restrictions and regulations of the Department
of Commerce, the United States Department of Treasury Office
of Foreign Assets Control, or other United States or foreign
agency or authority.
11. NOTICE. The Company may give notice by
written communication sent by first class mail to your address
on record with the Company. You may give notice to the Company
(such notice shall be deemed given when received by the Company)
at any time by: electronic mail to info@brightappletutoring.com.
12. MISCELLANEOUS. The Terms are personal
to you and you shall not assign or transfer any portion of
the HTB Package to any third party under any circumstances.
The Terms represent the complete agreement between the parties
and supersedes all prior agreements and representations between
them. It may be amended only by a writing executed by both
parties. If any provision of the Terms is held to be unenforceable
for any reason, such provision shall be reformed only to the
extent necessary to make it enforceable. This Agreement shall
be governed by and construed under California law, without
regard for its conflict of laws or rules provisions. The parties
hereby agree to the exclusive jurisdiction of the federal
and state courts located in California with respect to any
dispute arising from the Terms or the HTB Package. The Terms
do not create any partnership, joint venture, or other business
association between you and the Company.
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