TERMS OF SALE AGREEMENT
These terms and conditions of sale (“Terms”) are the only terms, which govern the sale of services, consisting of membership registration and renewal (“Services”) by San Diego Professional Coaches Alliance (“SDPCA”) to you (“Buyer”) as the purchaser. These Terms apply to direct purchases made from SDPCA by internet. By placing your order for Services, you accept and are bound to the Terms. If you have placed an order but do not wish to be subject to these Terms, you must promptly cancel your order before it becomes non-cancelable.
The services sold by SDPCA are expressly subject to the terms and conditions of this agreement. BUYER’S ACCEPTANCE OF AND PAYMENT FOR THE SERVICES CONSTITUTES ACCEPTANCE OF SDPCA’S TERMS AND CONDITIONS.
You may place your order on the Site at any time (subject to any planned or unplanned periodic downtime).
PRODUCT DESCRIPTION: We attempt to describe the Services offered on the Site as accurately as possible; however, we do not warrant that the descriptions or other content on the Site are accurate, complete, reliable, current or error-free.
PRICE AND PAYMENT TERMS: Terms of payment are within SDPCA’S sole discretion. Payment for the Services is made by credit card on the SDPCA website. We accept major credit cards. We will charge your credit card upon you placing your order. You will bear all costs associated with a disputed credit card charge, which results in action from the SDPCA’S merchant account provider. Prices offered on the Site are quoted in U.S. Dollars and you are responsible for state and local sales or use taxes that may apply to your order.
SAFE SHOPPING AND SECURITY: Please click here to view Your Privacy Rights, which describes our security procedures.
Under the Fair Credit Billing Act, your bank cannot hold you liable for more than $50 of fraudulent charges on your credit card. Check with your bank for more information about its policies regarding fraudulent charges. In the event of unauthorized use of your credit card, you may have to notify your bank or credit card provider or otherwise fulfill certain conditions of your agreement with them.
DELIVERY: The services purchased through the Site will be delivered via internet. The SDPCA is not responsible for a power outage, an act of God or other malfunctions that may prevent the delivery.
DISCLAIMER OF WARRANTIES: YOU HEREBY WAIVE ALL OTHER REMEDIES, WARRANTIES, GUARANTEES OR LIABILITIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WHETHER OR NOT OCCASIONED BY THE NEGLIGENCE OF SDPCA. YOU ACKNOWLEDGE BY YOUR USE OF SDPCA’S SERVICES THAT YOUR USE OF THE SERVICES AND ANY RELIANCE UPON THEM IS AT YOUR SOLE RISK. THE SDPCA EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES SO THESE LIMITATIONS MAY NOT APPLY TO YOU. THE WARRANTIES SET FORTH HEREIN GIVE YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
LIMITATION OF LIABILITY: THE SDPCA DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SDPCA WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF THE SERVICES, THE SDPCA IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT INVOICED FOR THE APPLICABLE SERVICE. SOME JURISDICTIONS MAY NOT ENFORCE ALL OF THESE LIMITATIONS, AND ONLY THE LIMITATIONS THAT ARE LAWFULLY APPLIED TO YOU IN YOUR JURISDICTION WILL APPLY. The SDPCA does not endorse any individual coach on its website nor is it responsible for any individual’s coaching experience. SDPCA cannot and does not have any involvement in advising on remedies or mediating any disputes between an individual or company and a coach selected and retained.
INDEMNIFICATION: YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS THE SDPCA FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING FROM OR RELATED TO YOUR USE OF ANY SERVICES PURCHASED VIA THE SITE.
CANCELLATION: Buyer may cancel an order by mutual agreement with the SDPCA. The SDPCA reserves the right to charge reasonable cancellation charges.
WAIVER, CHOICE OF LAW. AND DISPUTE RESOLUTION: The failure of either party to assert a right hereunder or to insist upon compliance with any term or condition will not constitute a waiver of that right or excuse any subsequent nonperformance of any such term or condition by the other party. All transactions shall be governed by the laws of the State of California, United States of America, excluding conflict of law rules and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding. Buyer agrees and represents they are buying for their own internal use only, and not for resale.
GENERAL: All orders are subject to acceptance by SDPCA. Any representation, affirmation of fact and course of dealing, promise or condition in connection therewith or usage of trade not incorporated herein, shall not be binding on either party. If any provision hereof shall be unenforceable, invalid or void for any reason, such provision shall be automatically voided and shall not be part of this agreement and the enforceability or validity of the remaining provisions shall not be affected thereby.
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