Terms of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE VERY CAREFULLY. By accessing
or otherwise using this richandrowdy.com website ("Website"), you agree to
be bound by these Website Usage Terms and Conditions (collectively, the
"Terms") each time you access or use this Website.
These Terms govern your use of the richandrowdy.com website ("Website"). The
Website is designed to provide an online information and ordering system to
our users ("You" or "you") for products and services provided by
Achievementor Group LLC, Rich and Rowdy LLC, and their affiliates ("Achievementor").
The use of this Website and the sale of products and services offered on
this Website are governed by these Terms. Your use of this Website in any
manner including, but not limited to, browsing, activating an account with
Achievementor or making a purchase, constitutes your acknowledgement that
you have read these Terms and that you agree to follow and be bound by them.
Achievementor reserves the right to modify or otherwise change these Terms
at any time without notice to you. Therefore, we recommend that you
carefully review these Terms each time you access or use this Website. By
accessing or using the Website, you agree to be legally bound by these Terms
just as if you had signed these Terms. If you access or use the Website
after Achievementor posts a change to these Terms, you agree to be bound by
such change. If you do not intend to accept the change, you must immediately
terminate access or use of the Website. This Website is available only for
your personal, non-commercial use. You agree and continue to agree to use
this Website in a manner consistent with the applicable laws and regulations
and in accordance with these Terms.
1. Restrictions on Use of Website and Inappropriate Behavior
You will not engage in any conduct that, in Achievementor’s discretion,
restricts or inhibits any other person from using, accessing or enjoying the
Website. You may not copy, modify, distribute, download, display, transfer,
post, or transmit the Website or any of its content in any form except as
expressly provided herein or, if no permissions are granted, unless you have
obtained Achievementor’s prior written consent. You will not access or use
the Website for any unlawful purpose. You will not post or transmit any
unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar,
obscene, racially, ethnically or otherwise, or any material of any kind that
Achievementor considers objectionable.
The following activities are also expressly prohibited and you will not
engage in any such activities: using the Website for any non-personal or
commercial use; using any "robot", "spider", other automatic device, or
manual process to monitor or copy the Website or any of its content;
"mirroring" or "framing" the Website or any content on any other server;
collecting or using of products provided through this Website for the
benefit of any supplier of competitive or comparable products; and any
action that imposes an unreasonable or disproportionate burden on the
Website or otherwise interferes with its function or value.
2. Ownership of Information and Intellectual Property Contained on Website
"Content" means any and all images, content, pricing, text, audio,
instructional, customer IDs and other information, music, graphics, sounds,
links and other components found on or in this Website. The Content is the
property of Achievementor and is protected by copyright (whether published
or unpublished), patent (whether or not reduced to practice), trademarks,
trade secrets or other proprietary rights. These rights are valid and
protected in all forms of media and technologies existing now or hereinafter
developed. All Content is a collective work under the U.S. copyright laws
and is protected by worldwide copyright laws and treaties. Except as
expressly provided in the Terms, You will not, nor enable anyone else, to
copy, reproduce, modify, publish, download, upload, frame, post, transmit,
distribute, modify, alter or use any Content in any way without
Achievementor's prior written consent. Except as may be expressly provided
in these Terms, Achievementor does not grant any express or implied right to
you under any patents, copyrights, trademarks, or trade secret information
or the right to use any Content. Rich and Rowdy and all page headers, custom
graphics and button icons are service marks, trademarks, and/or trade dress
of Achievementor. All other trademarks appearing on the site are the
property of their respective owners. Improper copying, use or conduct may
constitute an offense that is subject to civil and/or criminal penalties.
3. Permitted Use of Website Content
For certain E-books available on this Website, you may copy and redistribute
those designated E-books, provided no changes in or deletion of author
attribution, trademark legend or copyright notice shall be made. You
acknowledge that you do not acquire any ownership rights by downloading
copyrighted material. You may view and print designated E-books included on
the Website subject to the following conditions: (a) Content may be used
solely for your own use; and (b) Content may not be modified or altered in
anyway. You will not republish, distribute, prepare derivative works, or
otherwise use the Content other than as explicitly permitted herein.
You will not frame or utilize "framing" techniques to enclose any trademark,
logo, or other proprietary information (including, but not limited to,
images, text, page layout, or form) of Achievementor or its suppliers
without the express written consent of Achievementor. Trademarks, logos and
information of Achievementor and its suppliers contained on the Website are,
and shall remain their respective properties. You will not use any "meta
tags" or any other "hidden text" utilizing Achievementor's name or
trademarks without the express written consent of Achievementor. You may not
use any Achievementor logo or other proprietary graphic or trademark as part
of any link without Achievementor's express written consent. You do not and
will not acquire any ownership rights to any content in the Website. Any
unauthorized use terminates any permissions or licenses granted hereunder.
4. Information Accuracy and Updates
The information published on this Website may include technical inaccuracies
or typographical errors. Achievementor may add, delete or change Content or
any information contained in any products without notice to you.
Achievementor and/or its respective suppliers may discontinue, make
improvements to and/or changes in the product(s) described herein at any
time. Achievementor has no duty to update this Website or any Content, and
Achievementor shall not be liable for any failure to update any such
information. Achievementor shall not be liable for any errors or omissions
on this Website. Achievementor does not warrant the accuracy or completeness
of any Content or products offered through this Website. Achievementor makes
no representation that this Website or any Content is appropriate or
available for use in other locations and access to it from territories where
Content is illegal or is prohibited. Content is made available as a general
information forum and is not intended to be formal training or a substitute
for formal training.
Achievementor has no more editorial control over content than does a public
library, bookstore, or newsstand. Any opinions, advice, statements,
services, offers, or other information or content expressed or made
available by third parties, including information providers and users, are
those of the respective author(s) or distributor(s) and not of Achievementor.
In many instances, the content available through the site represents the
opinions and judgments of the respective information provider or user.
Achievementor neither endorses nor is responsible for the accuracy or
reliability of any opinion, advice or statement made on the site by anyone
other than authorized Achievementor spokespersons acting in that capacity.
5. Use of Instructional Materials
Product information contained in this Website is general information and may
not be applicable to your specific uses or circumstances. Information on
this Website should not be relied upon in any specific application, and
Achievementor disclaims any liability for any such reliance.
6. Communication of Unsolicited Ideas
Achievementor is not seeking any unsolicited ideas, suggestions or materials
relating to the development, design, or marketing of its Content. However,
you may submit messages, data, comments and provide other information
(collectively, "Messages") so long as it is not obscene, illegal,
threatening, or defamatory and so long as such submission and the content
thereof does not invade the privacy, infringe the intellectual property of
or otherwise violate the rights of or injure Achievementor or any third
party, or contain a software virus, mass mailing, chain letter, or any form
of "spam." You will not use a false e-mail address, impersonate any person
or entity, or otherwise mislead as to the origin of the information. Any
Messages submitted by you to Achievementor through this Website shall be and
remain the sole and exclusive property of Achievementor and may be used by
Achievementor for any purpose whatsoever, commercial or otherwise, without
compensation. You represent and warrant to Achievementor, and accept
responsibility for, the accuracy, appropriateness and legality of the
Messages. Your submission of such Messages shall constitute your
representation and warranty that neither the submission nor any content
thereof is in breach of these Terms, and your assignment to Achievementor of
all worldwide right, title and interest in and to all copyrights and other
intellectual property rights in the Messages. Achievementor is entitled to
use, copy modify, disclose, distribute and make derivative use of any of the
Messages for any purpose without restriction, and without compensation to
you.
Messages delivered by or from you to this Website (whether via posting,
electronic mail, or otherwise, directly or indirectly) shall not be
considered by you to be confidential. Achievementor shall not be responsible
to keep such information confidential, and Achievementor shall not be liable
for any use or disclosure thereof.
7. Access to Password Protected/Secure Areas
Access to and use of password protected and/or secure areas of the Website
is restricted to authorized users only. Unauthorized individuals attempting
to access these areas of the Website may be subject to prosecution. You are
responsible for securing and keeping passwords confidential.
8. Terms and Conditions of Purchase
You agree to receiving electronic records and communications from
Achievementor, which may be provided via a Web browser or e-mail application
connected to the Internet. You are required to provide Internet connectivity
at your own expense to access the Website.
a. "Customer" shall mean an individual who obtains goods or services offered
on the Website. You, as a "customer" are bound by the Terms and Conditions
of Purchase, which are incorporated herein and applicable to all products
and services sold by Achievementor to you. In the event of any conflict
between these Terms and the Terms and Conditions of Purchase, the Terms and
Conditions of Purchase shall control.
b. You may issue a purchase order for administrative purposes only. Terms
and conditions contained in any such purchase order are not binding on
Achievementor, and will be null and void unless Achievementor otherwise
agrees in writing. No course of prior dealings between Achievementor and you
or any other party, and no usage of trade, will be relevant to determine the
meaning of these Terms or the sale or any purchase order or invoice related
to any products sold by Achievementor to you.
c. Taxes. Achievementor is not responsible for any sales, use, value added
or other taxes, fees or charges arising out of transactions made through
this Website or use of this Website.
9. Incorporation of Privacy Policy
Because Achievementor respects your right to privacy, Achievementor has
developed a Website Privacy Policy to inform you about Achievementor's
privacy practices. Achievementor is a licensee of the Verisign secure socket
layer and is authorized to use the Verisign designation. Please review
Achievementor's Website Privacy Policy, which is incorporated herein and is
applicable to this Website.
10. Disclaimer of Warranties and Limitation of Liability
The Website and Content are provided on an "AS IS" AND "AS AVAILABLE" BASIS,
WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND TO CUSTOMER OR ANY OTHER
PERSON OR ENTITY. WITHOUT LIMITING THE FOREGOING, ACHIEVEMENTOR DOES NOT
MAKE AND DISCLAIMS ALL: EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SYSTEM INTEGRATION,
ACCURACY OF INFORMATIONAL CONTENT, NON-INFRINGEMENT, QUIET ENJOYMENT, AND
TITLE. ACHIEVEMENTOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION,
CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE, OR THAT
ACHIEVEMENTOR’S E-MAILS, SOFTWARE OR THE WEBSITE ARE OR WILL BE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT CUSTOMER’S COMPUTER SYSTEM WILL
NOT BE DAMAGED BY REASON OF SUCH USE, OR THAT USE OF THE SOFTWARE OR WEBSITE
IS OR WILL BE ERROR FREE OR UNINTERRUPTED. CUSTOMER AGREES THAT IT’S USE OF
THE WEBSITE IS AT CUSTOMER'S SOLE RISK AND THAT ACHIEVEMENTOR WILL NOT BE
LIABLE BY REASON OF SUCH USE. CUSTOMER AGREES THAT ANY EFFORTS BY
ACHIEVEMENTOR TO MODIFY ITS SOFTWARE, WEBSITE, PRODUCTS OR SERVICES SHALL
NOT BE DEEMED OR CONSTRUED AS A WAIVER OF ANY OF THE FOREGOING LIMITATIONS,
OR ACKNOWLEDGEMENT OR EVIDENCE OF ANY DEFECT, NON-CONFORMITY, OR FAILURE OF
PURPOSE. CUSTOMER FURTHER AGREES THAT ACHIEVEMENTOR SHALL NOT BE LIABLE TO
CUSTOMER OR ANY OTHER PERSON OR ENTITY FOR ANY LOSS OF PROFITS, LOSS OF USE,
INTERRUPTION OF BUSINESS, OR ANY DIRECT OR INDIRECT, COMPENSATORY,
INCIDENTAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES OR LOSSES OF
ANY KIND WHICH MAY BE INCURRED OR SUSTAINED BY CUSTOMER, IT’S EMPLOYEES,
AGENTS, SUCCESSORS OR ASSIGNS, ARISING OUT OF OR RELATING TO THE SOFTWARE,
THE WEBSITE, THIS AGREEMENT OR OTHERWISE, EVEN IF ACHIEVEMENTOR WAS ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES OR WAS GROSSLY NEGLIGENT. Achievementor's
liability in connection with this Website shall at all times be limited to
the maximum extent permitted by law. Some jurisdictions do not permit the
exclusion or limitation of liability for consequential, incidental or other
damages. To the extent applicable law does not permit any specific exclusion
or limitation to apply to you or these Terms, such exclusion or limitation
shall be severed from these Terms.
11. Notices
Unless otherwise provided in these Terms, all notices, requests,
confirmations, elections, waivers, determinations and other communications
required or desired to be given in connection with these Terms shall be
effective: (a) if given to you by e-mail addressed to your e-mail address on
record at Achievementor, if any, or, (b) if given to Achievementor, then by
e-mail addressed to webmaster@achievementorgroup.com, with a copy in writing
delivered by any means to Achievementor Group LLC, 1106 West Madison,
Chicago, IL 60607 Attention: Webmaster.
12. Indemnification
You agree to keep, save, protect, indemnify, and hold harmless Achievementor,
its officers, directors, employees, agents, licensors, suppliers and any
third party information providers to the Website from and against all
losses, expenses, damages and costs, including reasonable attorneys' fees,
incurred or sustained by Achievementor arising out of, relating to or
resulting from any breach or default by you under these Terms or any other
obligations owed by you to Achievementor (including negligent or wrongful
conduct).
13. For Use in the United States
This Website is controlled and operated by Achievementor from its offices
within the United States, currently located Chicago, Illinois. Achievementor
does not represent that the Website is appropriate or available for use
elsewhere; access to the Website from locations where any of its Content is
illegal or not authorized. If you access this Website from outside the
United States, you do so at your own risk.
14. Arbitration
Any claim arising out of or relating to these Terms shall be settled by
binding arbitration administered by the American Arbitration Association
(“AAA”). For claims less than $250,000, the arbitration shall be heard by
the AAA and determined by a single arbitrator with experience with
information technology disputes and no award in excess of $250,000 shall be
valid or binding. For disputes $250,000 or greater, the arbitration shall be
heard and determined by a panel of three (3) arbitrators selected by the
AAA, and each such arbitrator shall be an attorney having experience and
familiarity with information technology disputes. The arbitration proceeding
shall occur in Chicago, Illinois, each party shall bear its own costs
relating to such arbitration, and the parties shall equally share the
arbitrators’ fees, and the arbitration and all related proceedings and
discovery shall take place pursuant to a protective order entered by the
arbitrators that adequately protects the confidential nature of the parties’
proprietary and confidential information. Either party may, without waiving
any remedy under the Terms, seek from any court of competent jurisdiction
any interim or provisional relief that such party deems necessary to protect
its Confidential Information and property rights pending the establishment
of the arbitral tribunal (or pending the arbitral tribunal's determination
of the merits of the claim).
15. Jurisdiction and Venue
These Terms shall be construed and governed by the laws of the State of
Illinois, notwithstanding any conflicts of law principles. You agree to
submit to the personal and exclusive jurisdiction of the state and federal
courts located within Cook County, Illinois. You agree that regardless of
any statute or law to the contrary, any claim or cause of action by you
arising out of or related to your access to or use of Achievementor's
Website, Content or these Terms must be filed within one (1) year after such
claim or cause of action arises.
16. Miscellaneous Terms
Achievementor’s failure to insist upon or enforce strict performance of any
provision of these Terms shall not be construed as a waiver of any provision
or right. Neither the course of conduct between Achievementor and you or any
other party nor trade practice shall act to modify any provision of these
Terms. If any provision of these Terms is held to be invalid, void or
unenforceable by a court of competent jurisdiction, then such provision
shall be deemed severed from these Terms and will not affect any other
provision of these Terms, the balance of which shall remain in and have
their intended full force and effect. The headings and titles of the
sections of the Terms are not a part of these Terms, but are for convenience
only and are not intended to define, limit or construe the contents of any
such sections.
© 2006 Achievementor Group LLC. All rights reserved.
Last Updated: September 29, 2006
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