TERMS AND CONDITIONS
THE LEGAL AGREEMENTS SET OUT BELOW GOVERN YOUR USE OF KACHELMAN PUBLICATIONS ONLINE STORE. BY ACCEPTING THESE TERMS, YOU ACKNOWLEDGE READING, UNDERSTANDING AND AGREEMENT TO ABIDE BY THESE TERMS IN YOUR PURCHASE AND USE OF MATERIALS FROM KACHELMAN PUBLICATIONS.
A. KACHELMAN PUBLICATIONS ONLINE STORE TERMS OF SALE
PAYMENTS, TAXES, AND REFUND POLICY
Kachelman Publications accepts these forms of payment: credit cards issued by U.S. banks, payments through your PayPal account, Kachelman Publications gift Cards, Kachelman Publications Gift Certificates, and Content and/or Coupon Codes. If a credit card or your PayPal account is being used for a transaction, Kachelman Publications may obtain preapproval for an amount up to the amount of the order. Billing occurs at the time of or shortly after your transaction. If you are using your PayPal account, your order may be authorized and billed in increments during one purchasing session, so it may appear as multiple orders on your statement. If an gift card, gift certificate, or other credit is used for a transaction, the amount is deducted at the time of your transaction. When making purchases, content credits are used first, followed by gift certificate, gift card; your credit card or PayPal account is then charged for any remaining balance.
You agree that you will pay for all products you purchase through Kachelman Publications, and that Kachelman Publications may charge your credit card or PayPal account for any products purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING KACHELMAN PUBLICATIONS WITH A VALID CREDIT CARD OR PAYPAL ACCOUNT DETAILS FOR PAYMENT OF ALL FEES. All fees will be billed to the credit card or PayPal account you designate during the registration process. If you want to designate a different credit card or if there is a change in your credit card or PayPal account status, you must change your information online in the Account Information section of Kachelman Publications; this may temporarily disrupt your access to Kachelman Publications during verification or approval of your new payment information.
Your total price will include the price of the product plus any applicable shipping cost.
All sales of products are final.
Prices for products offered via Kachelman Publications may change at any time, and we do not provide price protection or refunds in the event of a price reduction or promotional offering.
If a product becomes unavailable following a transaction but prior to download, your sole remedy is a refund. If technical problems prevent or unreasonably delay delivery of your product, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by Kachelman Publications.
Your use of Kachelman Publications Online Store includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
Kachelman Publications is not responsible for typographic errors.
B. Kachelman Publications STORE TERMS AND CONDITIONS
THIS LEGAL AGREEMENT BETWEEN YOU AND Kachelman Publications GOVERNS YOUR USE OF Online STORE PURCHASES AND DOWNLOADS.
THE KACHELMAN PUBLICATIONS STORE
Kachelman Publications is the provider of the online store Service, which permits you to purchase or download digital content for end user use only under the terms and conditions set forth in this Agreement.
REQUIREMENTS FOR USE OF KACHELMAN PUBLICATIONS ONLINE STORE
This online store is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.
Use of the Kachelman Publications Online Store requires compatible devices, Internet access, and certain software (fees may apply); may require periodic updates; and may be affected by the performance of these factors. High-speed Internet access is strongly recommended for downloading products. You agree that meeting these requirements, which may change from time to time, is your responsibility.
As a registered user of the online store, you may establish an account ("Account"). Don’t reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify Kachelman Publications of any security breach of your Account. Kachelman Publications shall not be responsible for any losses arising out of the unauthorized use of your Account.
In order to purchase and download products from the online store, you must enter your Account ID/Email and password to authenticate your Account. Once you have authenticated your Account, you will not need to authenticate again for fifteen minutes. During this time, you will be able to purchase and download products without re-entering your password.
You agree to provide accurate and complete information when you register with, and as you use, the online store and Account service ("Registration Data"), and you agree to update your Registration Data to keep it accurate and complete. You agree that Kachelman Publications may store and use the Registration Data you provide for use in maintaining and billing fees to your Account.
DELIVERY AND DOWNLOADING PURCHASES
When you first acquire products you will be allowed a certain number of downloads for the product. The download links will appear in your Account after your purchase has been completed. Some products that you previously purchased may not be available for subsequent download after a given time, and Kachelman Publications shall have no liability to you in such event. As you may not be able to subsequently download certain previously-purchased products, once you download a product from Kachelman Publications online store, it is your responsibility not to lose, destroy, or damage it, and you may want to back it up.
Some products may be large, and significant data charges may result from delivery of such products over a data connection. Kachelman Publications has no responsibility for any costs incurred for such downloaded products or purchase transactions.
Kachelman Publications reserves the right to change content options (including eligibility for particular features) without notice.
USE OF PURCHASED PRODUCTS
You agree that you shall use Kachelman Publications products in compliance with the applicable usage rules established by Kachelman Publications and its licensors (“Usage Rules”), and that any other use of the products may constitute a copyright infringement. Kachelman Publications reserves the right to modify the Usage Rules at any time. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to such Usage Rules for any reason—or to attempt or assist another person to do so. Usage Rules may be controlled and monitored by Kachelman Publications for compliance purposes, and Kachelman Publications reserves the right to enforce the Usage Rules without notice to you. You shall not access or attempt to access an Account that you are not authorized to access. You agree not to modify the products in any manner or form, or to use modified versions of the products, for any purposes. Violations of any of these Usage Rules may result in civil or criminal liability.
(i) You shall be authorized to use Kachelman Publications Products only for personal, noncommercial use.
(ii) You shall be authorized to copy lesson texts, handouts, and or other materials included on Lesson CD’s for presentation to any group of people.
(iv) You shall be authorized to save, copy, or burn a copy of downloaded materials for personal, noncommercial use.
(v) You shall not be entitled to burn any purchased products and give them to any other person, even if that person intends to use the products for personal, noncommercial use (please refer those persons interested to download their own personal copy from Kachelman Publications online store).
(vii) You shall be authorized to manually sync or back-up your purchased or downloaded products from one personal device to another personal device.
Some Products may be downloaded only once and cannot be replaced if lost for any reason. It is your responsibility not to lose, destroy, or damage Products once downloaded, and you may wish to back them up.
The delivery of Products does not transfer to you any commercial or promotional use rights in the Products. Any burning or exporting capabilities are solely an accommodation to you and shall not constitute a grant, waiver, or other limitation of any rights of the copyright owners in any content embodied in any Product.
You acknowledge that, because some aspects of Kachelman Publications online store, Kachelman Publications Products, and administration of the Usage Rules entails the ongoing involvement of Kachelman Publications, if Kachelman Publications changes any part of or discontinues the online store, which Kachelman Publications may do at its election, you may not be able to use some products or download content to the same extent as prior to such change or discontinuation, and that Kachelman Publications shall have no liability to you in such case.
Certain content, Products, and services available via the online store may include materials from third parties. Kachelman Publications may provide links to third-party websites as a convenience to you. You agree that Kachelman Publications is not responsible for examining or evaluating the content or accuracy and Kachelman Publications does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that Kachelman Publications is not in any way responsible for any such use by you.
You agree that the online store, including but not limited to Kachelman Publications Products, graphics, user interface, audio files, video files, editorial content, and the scripts and software used to implement the online store, contains proprietary information and material that is owned by Kachelman Publications and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the online store in compliance with this Agreement. No portion of the products from Kachelman Publications may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on Kachelman Publications online store in any manner, and you shall not exploit the store in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.
Notwithstanding any other provision of this Agreement, Kachelman Publications and its licensors reserve the right to change, suspend, remove, or disable access to any Products, content, or other materials comprising a part of the online store at any time without notice. In no event will Kachelman Publications be liable for making these changes. Kachelman Publications may also impose limits on the use of or access to certain features or portions of the online store, in any case and without notice or liability.
All copyrights in and to the Kachelman Publications online store (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) and related software are owned by Kachelman Publications and/or its licensors, who reserve all their rights in law and equity.
Kachelman Publications, the Kachelman Publications logo, and other Kachelman Publications trademarks, service marks, graphics, and logos used in connection with the online store are trademarks or registered trademarks of Kachelman Publications in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the online store may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
Should any person believe or claim to have such ownership interest in any materials, graphics or products offered on the online store, such claim should be made in writing to Kachelman Publications and prompt attention will be taken to resolve any infringement dispute.
If you fail, or Kachelman Publications suspects that you have failed, to comply with any of the provisions of this Agreement, Kachelman Publications, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) terminate the license to the software; and/or (iii) preclude access to the online store (or any part thereof).
Kachelman Publications reserves the right to modify, suspend, or discontinue the online store (or any part or content thereof) at any time with or without notice to you, and Kachelman Publications will not be liable to you or to any third party should it exercise such rights.
DISCLAIMER OF WARRANTIES; LIABILITY LIMITATION
KACHELMAN PUBLICATIONS DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE ONLINE STORE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME KACHELMAN PUBLICATIONS MAY REMOVE THE ONLINE STORE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE ONLINE STORE AT ANY TIME, WITHOUT NOTICE TO YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE ONLINE STORE IS AT YOUR SOLE RISK. THE ONLINE STORE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE ONLINE STORE ARE (EXCEPT AS EXPRESSLY STATED BY KACHELMAN PUBLICATIONS) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
IN NO CASE SHALL KACHELMAN PUBLICATIONS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE ONLINE STORE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE ONLINE STORE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE ONLINE STORE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, KACHELMAN PUBLICATION’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
KACHELMAN PUBLICATIONS SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE ONLINE STORE, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND KACHELMAN PUBLICATIONS HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
KACHELMAN PUBLICAITONS DOES NOT REPRESENT OR GUARANTEE THAT THE ONLINE STORE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND KACHELMAN PUBLICATIONS DISCLAIMS ANY LIABILITY RELATING THERETO. SOME PRODUCTS CAN BE DOWNLOADED ONLY ONCE; AFTER BEING DOWNLOADED, THEY CANNOT BE REPLACED IF LOST FOR ANY REASON. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY PRODUCTS PURCHASED OR DOWNLOADED FROM THE ONLINE STORE.
WAIVER AND INDEMNITY
BY USING THE ONLINE STORE, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD KACHELMAN PUBLICATIONS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE ONLINE STORE, OR ANY ACTION TAKEN BY KACHELMAN PUBLICATIONS AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM KACHELMAN PUBLICATIONS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE ONLINE STORE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF KACHELMAN PUBLICATION’S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
Kachelman Publications reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the online store. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the online store will be deemed acceptance thereof.
This Agreement constitutes the entire agreement between you and Kachelman Publications and governs your use of the online store, superseding any prior agreements between you and Kachelman Publications. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Kachelman Publication’s failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. Kachelman Publications will not be responsible for failures to fulfill any obligations due to causes beyond its control.
The online store is operated by Kachelman Publications from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the online store. All transactions on the online store are governed by Arkansas law, without giving effect to its conflict of law provisions. Your use of the online store may also be subject to other laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Kachelman Publications or relating in any way to your use of the online store resides in the courts in the State of Arkansas. Risk of loss and title for all electronically delivered transactions pass to the purchaser in Arkansas upon electronic transmission to the recipient. No Kachelman Publications employee or agent has the authority to vary this Agreement.
Kachelman Publications may notify you of changes with respect to the online store by sending an email message to your Account email address or a letter via postal mail to your Account mailing address, or by a posting on the online store. Notices shall become effective immediately.
Kachelman Publications reserves the right to take steps Kachelman Publications believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that Kachelman Publications has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as Kachelman Publications believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Kachelman Publications' right to cooperate with any legal process relating to your use of the online store and/or Products, and/or a third-party claim that your use of the online store and/or Products is unlawful and/or infringes such third party's rights).
Last updated April 21, 2012