Terms & Conditions
Marital Solutions Marketing, LLC (“MSM”)
Terms and Conditions of Purchase
Effective February 1, 2008
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 MSM 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 MSM website for an MSM publication (“MSM Publication”) or an MSM subscription service (“MSM 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 Marital Solutions Marketing, LLC, (“MSM”).
Purchase and Payment. Under this Agreement, MSM agrees to provide to you, and you agree to purchase from MSM, the MSM Publication or MSM Service described in your Order Form. You also agree to pay the purchase price shown on the MSM website for the MSM Publication or MSM Service that you have ordered. If you have purchased an MSM 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 MSM Service. You may cancel the MSM Service at any time by sending an email to MSM at [email protected], after which you will not be charged any further fees for ongoing use of the MSM Service. Your obligation to purchase and pay for also applies to any MSM Publications and MSM Services that are offered to you as a “trial offer” unless and until you cancel your use of those MSM Publications or MSM Services.
MSM Materials. MSM Publications and any newsletters and other materials that you may receive from MSM as part of an MSM Service (collectively, “MSM Materials”) are the exclusive property of MSM and are protected by copyright and other applicable laws. The MSM Materials are for your own personal use, and you cannot copy any portion of the MSM Materials without the written permission of MSM or distribute additional copies of MSM Materials to others.
Discounts. MSM may offer you various discounts, savings and other benefits on other products or services of MSM or its affiliates in connection with your purchase of MSM Publications or MSM Services. MSM 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 MSM in its discretion from time to time.
Success of Your Divorce. MSM Publications, MSM Services and MSM Materials (collectively, “MSM Products”) are provided for informational purposes only, and what you derive from your use of MSM Products depends upon your commitment to and effort in applying the information to your personal situation. MSM does not represent, warrant or guarantee that you will achieve any particular results with your divorce as a result of your purchase and use of MSM Products. You acknowledge that neither Rick Banks nor MSM is giving you any legal advice or representing you in an attorney-client relationship.
Guarantee. MSM may offer a time-limited, money-back guarantee on some MSM Publications and MSM Services. If there is a guarantee applicable to the MSM Publication or MSM Service that you have purchased, that guarantee is as set out on the applicable product page of the MSM website at the time you purchased the MSM Publication and MSM Service (the “Guarantee”). If during the time-limited period of your Guarantee period you are not satisfied with the MSM Publication or MSM Material you purchased, MSM will refund the purchase price to you. This is your sole and exclusive remedy against MSM and MSM’s sole and exclusive liability and obligation to you in connection with your purchase of any MSM Publication or MSM 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) MSM’s liability (if any) under this Agreement or otherwise is limited to the purchase price paid by you for the MSM Products, and in no event will MSM 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 MSM 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 MSM or any person for whom MSM is responsible, and even if MSM has been advised of the possibility of such potential loss or damage being incurred; and (b) in no event will MSM’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 MSM or any person for whom MSM is responsible, and even if MSM has been advised of the possibility of such potential loss or damage being incurred, exceed the purchase price paid by You to MSM for the Materials. In this paragraph, “MSM” includes MSM 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 California 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 Fresno sitting in Fresno, and you hereby irrevocably submit to the jurisdiction of the courts of the State of California 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 MSM 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 MSM 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.