Google Biz Kit Scam
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Reg.Net Terms & Conditions of Sale ("Conditions")
1. SCOPE & APPLICATION
1.1 You expressly
agree and accept the Conditions set forth herein
unconditionally as a binding contract ("the Agreement")
enforceable by law. The following are the terms and
conditions of participation in the DRI*GoogleATM Subscription
("Subscription") or any other Product on this Site, all such
references to Subscription or Product combined shall be
("Product"). "Customer", "I", "You" or "Your" refers to you.
"Site" means this World Wide Website located at the URL
http://www.profitstudiolearning.com.
DR globalDirect, Inc. d/b/a Reg.Net ("Reg.Net", "We", "Us"
or "Our"), an DRI*GoogleATM authorized online reseller and
merchant, and Your contracting partner reserves the right to
amend this Agreement from time to time. It is agreed that
any such amendment will apply to Customer. Reg.Net agrees to
inform Customer of any amendment to the agreement. Should
Customer fail to object to any amendment to the Agreement
within one week, such failure shall serve as an acceptance
of the amendment.
2. TRIAL PERIOD AND BILLING
2.1 By submitting an order, You automatically receive a 7-day
trial to the Google Biz Kit . Your 7-day trial begins immediately
upon placing your order. Once the customer's trial is
active you have 7 days to decide whether to accept Your
Subscription. Prior to the expiration of the 7-day trial
period, You may cancel Your subscription by calling
toll-free at 1-800-497-4988 or 1-801-578-9020 (International
customers please call 1-866-321-2728), or by writing to 1810 E
Sahara Ave, Suite 1-341, Las Vegas, NV 89104.
Should You fail
to cancel Your Subscription within the 7 day trial, You
will be billed $1.95. Additionally, You will be billed
$69.90 again 7 days from the Trial Start date and
every month thereafter for Your monthly Subscription
unless canceled by You. 2.2 You authorize
Reg.Net to initiate debit/credit entries to your bank
deposit account or credit card as indicated upon sign-up
and enrollment. This authority is to remain
in full force and effect until You cancel Your
subscription. 2.3 If Your payment is not
submitted either by credit card within 30 days of the due
date, Your Google Biz Kit Subscription will be suspended.
If You wish to
cancel and not be billed, You must call toll-free at
1-800-497-4988 or 1-801-578-9020 (International customers
please call 1-866-321-2728), or by writing to 1810 E
Sahara Ave, Suite 1-341, Las Vegas, NV 89104. You
expressly agree to the automatic monthly billing set
forth herein. You expressly agree to honor all
charges and fees due in association with this
Subscription. 3. RETURNS AND
CANCELLATION POLICY
3.1 You may cancel Your subscription at any time by calling
Customer Care at 1-800-497-4988 or 1-801-578-9020
(International customers please call 1-866-321-2728), or by
writing to 1810 E Sahara Ave, Suite 1-341, Las Vegas, NV
89104.
3.2 You may return any unopened products and receive a full
refund of Your $1.95. Please call Customer Care at
1-800-497-4988 or 1-801-578-9020 (International customers
please call 1-866-321-2728) to make arrangement to receive Your
refund and send all returns to the following address: 1810 E
Sahara Ave, Suite 1-341, Las Vegas, NV 89104
ATTN: Returns DepartmentGoogle Biz Kit
1810 E Sahara Ave, Suite 1-341, Las Vegas, NV 89104
All Shipping and Handling Fees are non-refundable.
3.4 You explicitly agree to the following statement: "I
UNDERSTAND THAT I MAY BE LIABLE FOR PAYMENT OF FUTURE GOODS AND
SERVICES UNDER THE TERMS OF THIS AGREEMENT IF I FAIL TO NOTIFY
THE SUPPLIER NOT TO SUPPLY THE GOODS OR SERVICES
DESCRIBED."
4. DISPUTE RESOLUTION
4.1 You agree that any
disputed fee will not be charged back to Your credit card
issuer. You expressly agree to submit in writing any objection
regarding fees to 1810 E Sahara Ave, Suite 1-341, Las Vegas, NV
89104
4.2 Google Biz Kit, in its sole discretion, shall determine the
validity of Your objection and notify You of its decision.
Should You disagree with Google Biz Kit's decision, You agree
to mediate the dispute before litigation.
4.3 You agree to indemnify Reg.Net for any financial harm or
any losses caused by Your objections to fees that does not
comply with this Section. You will be held responsible for the
reimbursement of any fees and losses incurred as a result of
Your failure to comply with any provision in this
Agreement.
4.4 Credit Card Billing Customer expressly agrees that if
Customer pays by credit card, or demand debit, Customer shall
abide by the following statement: "I hereby authorize Reg.Net
to initiate debit/credit entries to my bank deposit account or
credit card."
5. OFFER, ACKNOWLEDGMENT AND ACCEPTANCE
5.1 Any prices, quotations and descriptions made or referred to
on this Site are subject to availability, do not constitute an
offer and may be withdrawn or revised at any time prior to our
express acceptance of Your order (as described below).
5.2 While we make every effort to ensure that items appearing
on the Site are available, we cannot guarantee that all items
are in stock or immediately available when you submit your
order. We may reject Your order (without liability) if We are
unable to process or fulfill it. If this is the case, We will
refund any prior payment that you have made for that item.
5.3 An order submitted by You constitutes an offer by You to Us
to purchase the Google Biz Kit Subscription on these Conditions
and is subject to Our subsequent acceptance.
5.4 Prior to such acceptance, an automatic e-mail
acknowledgement of Your order may be generated. Please note
that any such automatic acknowledgement does not constitute a
formal acceptance of Your order.
5.5 Our acceptance of Your order takes effect and the contract
concluded at the point where such offer is expressly accepted
by Us dispatching Your order and accepting Your credit card or
other payment ("Acceptance").
5.6 We may keep records of orders received, acknowledgements,
acceptances and other contract records for a reasonable period
after Acceptance. We may be able to provide You with copies on
written request; however You must make sure you print a copy of
all such documents and these Conditions for your own
records.
6. YOUR REPRESENTATIONS
6.1 You represent that the information provided by You when
placing Your order is up-to-date, materially accurate, and is
sufficient for Us to fulfill your order. You are responsible
for maintaining and promptly updating Your account information
with Us for accuracy and completeness and keeping such
information (and any passwords given to You for the purposes of
accessing the Site and/or purchasing Products) secure against
unauthorized access. Unless agreed otherwise or required by
applicable law, any warranties provided in relation to Your
purchase only extend to You on the understanding that You are a
user and not a reseller of the Product.
6.2 No warranty, commitment or any other obligation should ever
be assumed by You on Our behalf or on behalf of a Product
manufacturer, licensor or supplier without Our express prior
written consent.
6.3 PRICE AND TERMS OF PAYMENT (NOTE: WE CANNOT CONFIRM PRICES
PRIOR TO ACCEPTANCE OF YOUR ORDER)
6.4 Prices payable for the Product are those in effect at the
time of dispatch or delivery, unless otherwise expressly
agreed. Prices may be indicated on the Site or an order
acknowledgement but the authoritative price in the event of any
discrepancy, is the price that is notified to You on Our
Acceptance.
6.5 We have the right at any time prior to Our Acceptance to
withdraw any discount and/or to revise prices to take into
account increases in costs including (without limitation) costs
of any materials, carriage, labor or the increase or imposition
of any tax, duty or other levy and any variation in exchange
rates. We also reserve the right to notify You of any mistakes
in Product descriptions or errors in pricing prior to product
dispatch. In such event if you choose to continue with
fulfillment of the order, You acknowledge that the Product or
Service will be provided in accordance with such revised
description or corrected price.
6.6 The places that we deliver to are listed on the Site
("Territory"). Unless otherwise specified, prices quoted are:
exclusive of the costs of shipping or carriage to the agreed
place of delivery within the Territory (charges for which are
stated on the Site); and exclusive of VAT and any other tax or
duty which (where applicable) must be added to the price
payable.
6.7 You agree to pay for taxes, shipping or carriage of
Products as such costs are specified by Us on the Site when You
submit Your purchase order. Payment shall be made prior to
delivery and by such methods as are indicated on the Site (and
not by any other means unless we have given our prior
agreement).
6.8 Except as expressly provided elsewhere in these Conditions
or the Site, payment may be taken in full notwithstanding any
claim for short delivery or defects.
6.9 We will charge credit or debit cards on dispatch of the
Product or commencement of Services. We reserve the right to
verify credit or debit card payments prior to Acceptance.
6.10 Where the payment is invoiced, each invoice shall be due
on and made in full within thirty (30) days of the date of
relevant invoice. If at any time you fail to pay any amount due
on the relevant due date, We may by notice declare all invoiced
amounts unpaid at that date to be immediately due and payable.
No counterclaim or set-off may be deducted from any payment due
without our written consent. We may also take action against
You for the price of Products at any time after payment has
become due even though property in those Products may not yet
have passed to you.
6. 7. TERMINATION
7.1 If You commit an act of bankruptcy or enter into a deed of
arrangement with creditors or a court order for winding-up is
made against You or You take or suffer any similar action in
consequence of debt or We have cause to believe that You are
unable to pay Your debts as they fall due; or You fail to pay
any amount by the due date or breach any of these Conditions
then, without prejudice to any of our other rights, we may:
7.1.1 stop any Products in transit; and/or
7.1.2 suspend further Product deliveries; and/or
7.1.3 stop or suspend provision of Services; and/or
7.1.4 by written notice, terminate Your order and all or any
other contracts between Us and You.
8. DELIVERY AND RISK
8.1 Delivery timescales/dates specified on the Site, in any
order acknowledgement, acceptance or elsewhere are estimates
only. While We endeavor to meet such timescales or dates, We do
not undertake to dispatch Products and/or commence Services by
a particular date or dates and shall not be liable to You in
respect of delays or failure to do so.
8.2 Delivery shall be to a valid address within the Territory
submitted by You and subject to Acceptance ("Delivery
Address"). You must check the Delivery Address on any
acknowledgement or acceptance We provide and notify Us without
delay of errors or omissions. We reserve the right to charge
You for any extra costs arising from changes You make to the
Delivery Address after You submit an order.
8.3 If You refuse or fail to take delivery of Products provided
in accordance with these Conditions, any risk of loss or damage
to the Products shall nonetheless pass and without prejudice to
any other rights or remedies We have:
8.3.1 We shall be entitled to immediate payment in full for the
Products or Services delivered and either to effect delivery by
whatever means We consider appropriate or to store Products at
Your risk;
8.3.2 You shall be liable pay on demand all costs of Product
storage and any additional costs incurred as a result of such
refusal or failure to take delivery; and
8.3.3 We shall be entitled 30 days after the agreed date for
delivery to dispose of Products in such manner as We determine
and may set off any proceeds of sale against any sums due from
You.
8.4 Except to the extent required as a result of any mandatory
rights You have as a consumer under applicable law, You shall
not be entitled to reject the Products in whole or in part by
reason of short delivery and shall pay in full notwithstanding
short delivery or non-delivery unless You notify us in writing
of any claim within 7 days of the latest of the date of receipt
of the relevant invoice or delivery whereupon You shall pay for
the quantity actually delivered.
8.5 Where We deliver Products by installments, each installment
constitutes a separate contract and any defect in any one or
more installments shall not entitle You to repudiate the
contract as a whole nor to cancel any subsequent
installment.
8.6 Save as otherwise provided in these Conditions, risk of
loss of or damage to the Products passes to You on delivery or
when placed in your possession or that of any carrier or
transport provided by You, whichever shall occur first.
9. REJECTION, DAMAGE OR LOSS IN TRANSIT
9.1 Except as set out above and subject to any rights You have
under applicable law that cannot be excluded or limited by
these Conditions:
9.1.1 We shall not be liable and You shall not be entitled to
reject Products or Services, except for: (a) damage to or loss
of Products or any part thereof in transit (where the Products
are carried by Our own transport or by a carrier on Our behalf)
where notified to Us within 5 working days of receipt of the
Products; (b) defects in Products (not being defects caused by
any act, neglect or default on your part) notified in writing
to Us within 30 days of receipt of the Products; and (c)
defective performance of Services (not being defects caused by
any act, neglect or default on Your part) where notified in
writing to Us within 5 days of such defect becoming
apparent.
9.1.2 We shall not be liable for any damage or losses arising
from the use of the Products in connection with other defective
or unsuitable Products; Your negligence; improper use or use in
any manner inconsistent with the manufacturer's specifications
or instructions.
9.1.3 Where these is a shortage or failure to deliver, or any
defect in or damage to a Product or Service, We may at our
option: (a) (in the case of Product shortage or non-delivery)
make good any such shortage or non-delivery; and/or (b) in the
case of failure to perform or defective performance of a
Service, make good such failure or defective performance;
and/or (c) in the case of damage or any defect(s) in the
Product and in accordance with any applicable Returns Policy:
(i) replace or repair the Product upon You returning the
Product; or (ii) refund the price paid in respect of any
Products found to be damaged or defective.
10. LIABILITY LIMITATION
10.1 TO THE MAXIMUM EXTENT LEGALLY PERMITTED, WHETHER OR NOT WE
WERE AWARE OR ADVSED OF THE POSSIBILITY OF DAMAGES, AND WHETHER
OR NOT THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR
ESSENTIAL PURPOSE (1) OUR AGGREGATE LIABILITY (WHETHER FOR
BREACH OF CONTRACT, TORT OR ANY OTHER LEGAL THEORY) SHALL IN NO
CIRCUMSTANCES EXCEED THE COST OF THE PRODUCTS YOU ORDERED AND
THAT ARE MOST CLOSELY RELATED TO YOUR DAMAGES AND (2) WE SHALL
NOT BE LIABLE FORSPECIAL, INCIDENTAL, INDIRECT, OR
CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, OR COST OF
COVER.
11. THIRD PARTY RIGHTS
11.1 You shall indemnify Us against any and all liabilities,
claims and costs incurred by or made against Us as a direct or
indirect result of us performing Services or carrying out any
work on or to the Products where this has been done to Your (or
Your representative's) specific requirements or specifications
causing an infringement or alleged infringement of any
proprietary rights of any third party.
11.2 To the fullest extent permitted by law, we shall have no
liability to You in the event the Products or Services
infringing or being alleged to infringe the proprietary rights
of any third party. In the event that the Products are or may
be the subject of patent, copyright, database right, registered
design, trade mark or other rights of any third party, You
should refer to the relevant terms of the Product manufacturer
and/or licensor/owner. We shall be obliged to transfer to You
only such right or title as we have.
12. WARRANTY "AS IS" IN GENERAL - WITHOUT REGARD TO SEPARATE
WARRANTY STATEMENTS PACKAGED BY THE MANUFACTURER WITH THE
PRODUCTS.
12.1 All Product specifications, illustrations, drawings,
particulars, dimensions, performance data and other information
on the Site or made available by Us are intended to represent
no more than a general illustration of the Products and do not
constitute a warranty or representation by us that the Products
will conform with the same. You must refer to the
manufacturer's specifications or warranty documentation to
determine Your rights and remedies in this regard.
12.2 You will have the benefit of the manufacturer's,
licensor's or supplier's warranty with the Products supplied
and should refer to the relevant documentation supplied with
the Product in this regard.
12.3 Your rights of repair or replacement of any Products or
any part or parts thereof which are found to be defective will
(except where agreed otherwise) be negated or rendered void
where:
12.3.1 products have been repaired or altered by persons other
than the manufacturer, Us or any authorised dealer; and/or
12.3.2 defective Product or Products have not been returned
together with full details in writing of the alleged defects
within 30 days from the date on which such Products were
delivered; and/or
12.3.3 defects are due (wholly or partially) to mistreatment,
improper use or storage or maintenance or installation, or
failure to observe any manufacturers' instructions or other
directions issued or made available by Us in connection with
the delivered Products.
12.4 EXCEPT AS EXPRESSLY STATED OTHERWISE IN THIS SECTION 12,
WE MAKE NO EXPRESS WARRANTIES OR REPRESENTATIONS AND WE
DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING,
WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THESE
CONDITIONS STATE YOUR SOLE AND EXCLUSIVE REMEDIES.
13. CONSENTS, CUSTOMS DUTIES & EXPORT
13.1 If any license or consent of any government or other
authority is required for the acquisition, carriage or use of
the Products by You, You shall obtain such license or consent
at Your own expense and if necessary produce evidence to us on
demand. Failure so to do shall not entitle You to withhold or
delay payment of the price. Any additional expenses or charges
incurred by Us resulting from such failure shall be met by
You.
13.2 Products licensed or sold to You under these Conditions
may be subject to export control laws and regulations in the
Territory or other relevant jurisdiction where You take
delivery or use them. You shall be responsible for complying
with those laws and will not do anything to breach them. 13.3
Items entering the European Economic Area (EEA) from outside
over a certain value may be subject to customs charges (e.g.
where costs are in excess of your personal import allowance).
You may be subject to customs charges, import duties and taxes,
levied when the Product reaches Your specified destination. Any
such additional charges for customs clearance or import duties
or taxes must be met by You, since We have no control over what
these charges are. You should contact the local customs office
in the relevant jurisdiction for further information on customs
policies or duties.
14. NOTICES
14.1 Any notice or other communications in relation to Our
contract may be given by sending the same by hand delivery,
pre-paid post, fax or e-mail to the latest address and contact
that one party has notified in writing to the other. This will
also be the address for service of legal proceedings in the
manner prescribed by law. Except as set out above in relation
to cancellation of consumer orders, such notices or
communications (where properly addressed) shall be considered
received:
14.1.1 in relation to hand delivery, on the date of delivery at
the relevant address (or, if this is not a working date, the
first working date thereafter);
14.1.2 if posted, 5 working days after the date of posting;
14.1.3 if by fax, on the date of the transmission as evidenced
by a successful transmission contact report (or, if this is not
a working date, the first working date thereafter);
14.1.4 if sent by email, on the earliest of (i) the email being
acknowledged by the recipient as received; (ii) receipt by the
sender of an automated message indicating successful delivery
or the email having been opened; or (iii) the expiry of 48
hours after transmission, provided that the sender has not
received notification of unsuccessful transmission.
15. PERSONAL INFORMATION AND YOUR PRIVACY
15.1 We will observe applicable data protection laws and will
not use information that does or can be used to personally
identify You ("Personal Data") other than as set out in Our
Privacy Policy ("Privacy Policy"). By submitting Your Personal
Data in relation to Your order, You consent to such Personal
Data being processed to fulfill Your order and in accordance
with such Privacy Statement.
16. GENERAL
16.1 You shall not assign, transfer, charge or make over or
purport to assign transfer charge to make over Your rights
under these Conditions. Any purported assignment shall be null
and void.
16.2 We shall not be liable to You nor held in breach of
contract for any loss or damage which may be suffered as a
direct or indirect result of Us being prevented, hindered or
delayed in the performance by reason of any circumstances
beyond Our reasonable control including (but not limited to)
any act of God, war, terror, riot, civil commotion, government
action, explosion, fire, flood, storm, accident, strike,
lock-out, trade dispute or labor disturbance, breakdown of
plant or machinery, interruption in the supply of power,
Internet communications, or materials and in such event we may
elect to cancel Your order and refund any payments made.
16.3 You acknowledge that these Conditions supersede and cancel
all previous contracts, agreements and working arrangements
whether oral or written, express or implied, between us. These
Conditions prevail over any other terms or conditions contained
in or referred to elsewhere or implied by trade, custom or
course of dealing. Any purported terms or conditions to the
contrary are hereby excluded to the fullest extent legally
permitted. To the fullest extent permitted under applicable
law, We reserve the right to modify these Conditions upon prior
written notice to You with effect for the future - subject to
Your right to reject, by way of written notice, our
modifications to these Conditions with respect to any orders
for which Acceptance, but not yet fulfillment, has
occurred.
16.4 No relaxation, forbearance, delay or indulgence by either
You or Us in enforcing any of these Conditions or the granting
of time by either party to the other shall prejudice or
restrict such rights and powers.
16.5 No waiver of any term or condition of these Conditions
shall be effective unless made in writing and signed by Us. The
waiver of any breach of any Condition shall not be construed as
a waiver of any subsequent breach or condition.
16.6 If for any reason We determine or a court of competent
jurisdiction finds that any provision or portion of these
Conditions to be illegal, unenforceable, or invalid under
applicable law in a particular jurisdiction:
16.6.1 these Conditions will not be affected in other
jurisdictions to the extent that such determination or finding
has no application; and
16.6.2 in the relevant jurisdiction, the remainder of these
Conditions (to the fullest extent permitted by law) will
continue in full force and effect.
17. GOVERNING LAW
17.1 The construction validity and performance of these
Conditions shall be governed by Minnesota Law and You agree to
submit to the exclusive jurisdiction of the Minnesota Courts,
in the event of legal proceedings arising from any dispute; The
language of any dispute resolution procedure or any proceedings
will be English.
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