Terms And Conditions (“Terms”)
Last updated: 26th of July 2018
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the website www.stefanemunds.com.
These Terms and Conditions apply to your use of all of the website www.stefanemunds.com, as well as any of its sub-domains and related domains or shopping cart pages (collectively the “Site”), as well as to products and services purchased or utilized from the Site. Unless stated otherwise, all references to the Site in these Terms and Conditions include this Site. These Terms and Conditions do not apply to your use of unaffiliated sites to which the Site links.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Restrictions on Use
You agree not to do any of the following while using the Site:
- Harass, stalk or otherwise abuse another user
- Transmit or otherwise make available any content that is false, harmful, threatening, abusive, tortious, defamatory, libelous, disparaging (including disparaging of the Site), vulgar, obscene, pornographic or that promotes violence, racial hatred, terrorism or illegal acts, or is otherwise objectionable (as determined by us in our sole discretion)
- Transmit or otherwise make available any content that is unlawful or infringes, violates or misappropriates any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright or any other intellectual property or any other rights of any third party
- Upload or transmit viruses, Trojan horses or other harmful, disruptive or destructive files or post material that interferes with any third party’s uninterrupted use and enjoyment of the Site
- Impersonate any person or entity, or otherwise disguise the origin of any content transmitted through the Site or to us, including forging any TCP/IP packet header or any part of the header information in any transmission to the Site for any reason
- Transmit or otherwise make available through the Site any personal advertising, junk mail, spam, chain letters, pyramid schemes or offer for sale of any products or services, except in areas specifically designated for such purposes; or
- Violate any applicable local, state, federal or international law, rule or regulation.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your email address and other needed information. You have the right to review those information and ask the Site administrator to delete those information. In that case, you ability to access purchased services and products may cease. Please use the following form to contact the administrator of the Site:
Some parts of the Service may be billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring period to be defined.
All content provided on this website is for informational purposes only. The owner of this blog makes no representations as to the accuracy or completeness of any information on this site or found by following any link on this site. The owner will not be liable for any errors or omissions in this information nor for the availability of this information. The owner will not be liable for any losses, injuries, or damages from the display or use of this information.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for whatever you post on the Site.
By accepting these Terms and using this website you acknowledge this Site’s copyrights.
The contents of this Site are protected by copyright and trademark laws and are the property of its owner. Unless it says otherwise, you may access the materials located within the Site only for your personal use. This means you may download one copy of posted materials on a single computer for personal, non-commercial home use only, so long as you neither change nor delete any author attribution, trademark, legend or copyright notice. When you download copyrighted material you do not obtain any ownership rights in that material.
You may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the Site. Only if you obtain prior written consent from the owner of the Site and from all other entities with an interest in the relevant intellectual property may you publish, display or commercially exploit any material from the Site.
You must abide by all additional copyright notices or other restrictions contained in any of the Site.
Membership and/or paid content may not be reproduced in any form or by any electronic or mechanical means, including information storage and retrieval systems, without written permission from the author, except for the use of brief quotations.
The Site’s name and other logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of the Site or its affiliates in the U.S. and/or other countries. The Site’s trademarks and trade dress may not be used in connection with any product or service that is not the Site’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Site. All other trademarks not owned by the Site or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Site or its affiliates.
Links To Other Web Sites
Our Service may contain links to third-party websites or services that are not owned or controlled by our website.
Our website has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that our website and its legal owner shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
These Terms and Conditions apply only to this Site, and not to the sites of any other companies or organizations, including those to which this Site may link. We are not responsible for the availability of any other site to which this Site links. We do not endorse or take responsibility for the contents, advertising, products or other materials made available through any other site. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site. You should direct any concerns to that site administrator or webmaster.
Other sites may link to this Site only through a plain-text link or provided graphics link. Permission must be granted by us for any other type of link to the Site. To seek our permission, you may send an email to support (at) becomeablogger.com. We reserve the right, however, to rescind any permission granted by us to link through a plain-text link or any other type of link and to require termination of any such link this Site, at our discretion at any time.
No Personal Advice
The information contained in or made available through this Site (including but not limited to information contained on message boards, in text files, in products, from services, or in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, psychological, financial, medical, business or legal matters. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. And, you should consult a licensed financial advisor for all matters pertaining to your personal or business finances. Further, you should regularly consult a lawyer in all matters relating to interacting with other people to assure yourself you are behaving in compliance with law, including but not limited to laws related to harassment, assault or other similar laws. We and our licensors or suppliers make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through the Site (including but not limited to any product or service purchased, utilized or otherwise obtained from this Site). Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death.
Parental Permission; Minimum Age Requirement
This Site is not directed to persons under the age of 13. The sale of any of the Site’s products or services is not directed to persons under the age of 18. We will not knowingly collect personally identifiable information from persons under 13. We strongly recommend that parents participate in their children exploration of the internet and any online services and use their browsers parental controls to limit the areas of the internet to which their children have access.
We hereby require all users of the Site to be over 13 and all purchasers of COMPANY’s products and services to be over 18. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions. If you are under 13, you agree to immediately stop accessing the Site. If you are accessing the Site, you represent that you are at least 13 years of age. If you are purchasing any of the products or services of COMPANY, you represent that you are at least 18 years of age.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
If you have any questions about these Terms, please contact us using this form:
Miscellaneous Provisions and Warrants
The services, products, and materials on or from this site are provided “as is” and without warranties of any kind, either express or implied. We disclaim all warranties to the maximum extent of the law, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.
Neither we nor any of our respective licensors or suppliers warrant that any functions contained in the site will be uninterrupted or error-free, that defects will be corrected, or that the site or the server that makes them available are free of viruses or other harmful components.
Neither we nor any of our respective licensors or suppliers warrant or make any representations regarding the use or the results of the use of the services, products or materials in this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not we or any of our respective licensors or suppliers) assume the entire cost of all necessary servicing, repair or correction to your system.
Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. To the extent any warranty cannot be disclaimed, a limited explicit warranty is given by us to the exclusion of any other remedy to, in our discretion, either a) replace the services, products, and materials with such services, products and materials that do not breach a warranty if such breach is identified to us within 30 days of purchase or b) refund of the monies paid for the particular services, products and materials.
By accessing this site, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand, and hereby expressly waive, the benefits of section 1542 of the civil code of California, and any similar law of any state or territory, which provides as follows: “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Limitation of Liability
Under no circumstances, including but not limited to negligence, will we or any of our licensors or suppliers be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on the site, or any products or services provided pursuant to the site, even if advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability for incidental, consequential or other damages, so the above limitation or exclusion may not apply to you. In no event shall the total liability to you by us or any of our licensors or suppliers for all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you to us, if any, for accessing the site.
Special Notes with regard to Product and Service Purchases
A) Shipping Methods
Products shipped by the Site may be shipped by UPS Standard or by any other method in the discretion of the Site. A shipping charge may be imposed.
• Orders may have a 6.6% duty tax.
• All orders require at least 24-72 hours processing time before shipping.
• The Site does not process orders during weekends.
• No deliveries will be made on Saturday or Sunday.
• The Site does not guarantee same day shipping.
• All physical orders shipped within California will be charged sales tax.
• Exact delivery times to any location cannot be guaranteed.
B) Sales Tax
Sales tax is only required for orders shipping within our resident states of business. Therefore all orders shipping within California will be charged applicable sales tax according to your area’s tax rate.
C) Duty Tax
It is your responsibility to calculate the amount of Customs/Duty that will be applied to your purchase by the Customs Office in your country.
D) Product Listings
The Site strives for accuracy in all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information contained herein or referenced on our website. Due to human error and other determinates, we cannot guarantee that all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information listed are entirely accurate, complete or current, nor can we assume responsibility for these errors. In the event a product listed on our website is labeled with an incorrect price due to some typographical, informational, technical or other error, the Site shall at its sole discretion have the right to refuse and/or cancel any order for said product and immediately amend, correct and/or remove the inaccurate information. Additionally, all hyperlinks to other websites from the Site are provided as resources to customers looking for additional information and/or professional opinion. The Site does not assume responsibility for the claims and/or representations made on these or any other websites.
E) Product Revisions
The Site is not responsible for changes or variations in product specifications and/or physical appearance since in some cases the Site acts as a distributor for others. In the interest of our customers, the Site puts forth its best efforts to ensure that all product information is up-to-date and factual. Unfortunately, there are varying determinates which, although infrequent, could cause the information on our website to become outdated without our immediate knowledge. This includes but is not limited to new versions or revisions, color deviations, retail package alterations and other variations that may be considered inconsequential by the manufacturer. In some cases, the Site relies on the manufacturer of a product to communicate these differences. Presently we have no way of alerting customers prior to purchase in the event the manufacturer fails to do so. Consequently, the Site will not be held responsible for product revision changes.
Product and Service Purchase Agreement
By accepting delivery of any product or service delivered from the Site, viewing such products, or otherwise using such products or services, you (“Customer”) agree to be bound by the terms and conditions listed below. You and the Site agree that the following terms and conditions are the exclusive terms governing the sales transaction between you and the Site. Any attempt to alter, supplement, modify or amend these terms and conditions by the Customer will be considered a material alteration of this agreement and, therefore, are null and void. In addition, these terms and conditions are subject to change at any time, without prior written notice. Therefore, please check these terms and conditions carefully each time you place an order with or accept delivery of any goods or services from the Site.
A) Product Issues
If you have problems or concerns regarding the Company or your purchases, you may contact us by emailing us at support (at) firstname.lastname@example.org.
B) Product Warranties
All products and services are sold “as-is” or “with all faults”.
The Site makes no representation or express warranty with respect to the product or service except those stated in this document. The Site disclaims all other warranties, express or implied, as to any such product or service, including and without limitation, the implied warranties of merchantability and fitness for a particular purpose, and any implied warranties arising from statute, trade usage, course of dealing, or course of performance.
All products or services sold through or by the Site are sold “as-is” or “with all faults.” the entire risk as to the quality and performance of these products or services is with the buyer. Should any of these products or services prove defective, do not function, or function improperly in any way following their purchase, the buyer, and not the Site, assumes the entire cost of all necessary servicing or repair.
C) Restrictions, Obligations and Limitations, Confidentiality and Limited Use
Customer acknowledges that the products and services sold by the Site are the confidential and proprietary information and property of the Site. Customer hereby agrees to protect such products and services as confidential. As a further condition to the purchase and/or receipt of such products and/or services of the Site by Customer, Customer agrees it will not, nor allow others, to directly or indirectly copy, distribute, resell, lend, lease, display, teach to others or show these products and/or services to others. A “Customer” includes anyone who receives the products or services of the Site, even if for free.
Customer agrees that no one may use these products and/or services in any manner without the written approval of the Site and its owners, except for the Customer who has agreed that his/her use is limited to his/her own personal use. In the event Customer disagrees with these terms, Customer must immediately discontinue using the products purchased from the Site. Anyone viewing or otherwise utilizing the products of the Site by such conduct is agreeing to be bound by the terms of set forth herein, and as such must immediately comply with the terms of this agreement. In the event that the Site discloses any portion of its information to the public, it should be understood that anything not publicly disclosed by the Site remains information that you have an obligation to protect and maintain as confidential.
Customer represents and warrants that he or she is at least 18 years old. In the event that Customer is under 18 years old, Customer will immediately discontinue using the products purchased from the Site.
D) Authorization of Purchase
If you order anything posted at www.stefanemunds.com (the Site), you are additionally agreeing to pay the amounts set forth therein, that the Site may charge your credit card for such amounts, and that you agree to the terms set forth on that webpage in addition to these Terms and Conditions.
F) Shipping Charges
Your total cost for purchase of any product will include shipping and handling charges shown on the Site’s invoice.
G) Title and Risk of Loss
The Site will arrange for shipment of ordered product(s) to you, the Customer, Free On Board (F.O.B.) shipping point, meaning title to the product(s) – excepting software- and risk of loss passes to you upon delivery to the carrier. The Site reserves a purchase money security interest in the product(s) until its receipt of the full amount due. You agree to allow the Site to sign appropriate documents on your behalf to permit the Site to protect its purchase money security interest. Title to software will remain with the licensor(s). All software is provided subject to the license agreement of the software maker. You agree to be bound by any software license agreement once the seal on the package is broken. The Site will advise you of estimated shipping dates, but the Site will, under no circumstances, be responsible for delays in delivery, and associated damages, due to events beyond its reasonable control, including without limitation, acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes.
H) General Terms and Conditions
Payment Terms and Orders: An order is not binding upon the Site until it is accepted. The Site must receive payment before it will accept an order. Payment for product(s) ordered is due prior to shipment or provision of services. Customer can make payment by credit card, or some other method prearranged with the Site. You agree to pay the amount(s) due as specified on the invoice, and you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.
Governing Law and Jurisdiction
Any dispute arising out of or related to these Terms and Conditions or the sales transaction between the Site and yourself shall be governed by the laws of the Philippines, without regard to its conflicts of law rules. Specifically, the validity, interpretation, and performance of this agreement shall not be governed by the United Nations Convention on the International Sale of Goods. The Site and you consent to the exclusive jurisdiction and the exclusive venue of the court in Quezon City, Philippines, to resolve any dispute between them related hereto, and the parties waive all rights to contest this exclusive jurisdiction and venue of such Courts. Finally, you also agree not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against the Site that is more than one year after the date of the applicable invoice.
If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable California law.
The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party’s right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.