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Terms and Conditions
USE OF THE SITE & PROHIBITIONS
The Site allows you to shop our products online and visit our partner site, The Phoenix Learning Group, Inc. and our Facebook fan page hosted by Jim Payne. However, you are prohibited to do the following acts, to wit: (a) purchase of our downloads and physical and/or digital products for re-sale purposes (b) maneuvering or bidding the price of any product or interfering with the website ownership pricing control (c) post false, inaccurate, misleading, defamatory, or libelous content on our social media outlets or website. ANY BREACH OF THESE CONDITIONS MAY RESULT IN LEGAL ACTION.
PAYMENTS AND PROCESSES
All payment for products shall be made by credit card (Visa, MasterCard, Discover). We cannot accept any other form of payment at this time. We provide a secure, encrypted shopping experience using PayLeap, a fully PCI compliant eCommerce gateway system. We do NOT store any credit card information on this site. Leo Beuerman is not responsible for pricing or typographical errors. Leo Beuerman reserves the right to cancel any orders arising from such errors.
Digital Products: We do not offer refunds for digital product as these files are sold ‘as is’. If you experience issues with your digital download/order in terms of download or playback, please contact us, Sullivan Design LLC, at (314) 703-6990.
Physical Products: Physical merchandise is fulfilled and shipped by The Phoenix Learning Group, Inc. located in St. Louis, MO. We use DVD-Rs as our DVD media choice. Since DVDs can be copied, there are no refunds on DVDs. Defective DVDs will be exchanged for the EXACT same DVD. There are NO exceptions to this policy. If you have modified the DVD in any way, it is no longer returnable for exchange. This includes, but is not limited to, writing on the product or labeling the product including any alterations to the product artwork or physical disc. If you need to exchange a DVD, please call The Phoenix Learning Group, Inc. at (314) 569-0211 x 104. You will be asked for your order control number located on your packing slip.
PRODUCT PRICING & DESCRIPTIONS
The List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere.
EDITING, DELETING & MODIFICATION
We may edit, delete or modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a notice or a new agreement on our site. YOUR CONTINUED PARTICIPATION IN VISITING AND SHOPPING ON OUR SITE FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
ACKNOWLEDGMENT OF RIGHTS
You hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the site, and that You will not acquire any right, title, or interest in or to our site except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, films (both physical and digital), web software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to our site or proprietary information related thereto.
FRAUDULENT ACTIVITIES are highly monitored in our site and if fraud is detected Leo Beuerman shall resort all remedies available to us, and you shall be responsible for all costs and legal fees arising from these fraudulent activities.
WARRANTY DISCLAIMER AND LIMITATIONS OF LIABILITY
We will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the site, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed USD2,000 or the total price of the subject products paid or payable to you whichever is less. We make no express or implied warranties or representations with respect to any products sold and offered in our website (including, without limitation, warranties of merchantability, non-infringement, or any implied warranties arising out of a course of performance). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. This site and its information, contents, materials, products and services are provided on an “as is” and “as available” basis.
You agree not to disclose information you obtain from us and or from our clients, advertisers and suppliers. All information submitted to by an end-user customer pursuant to a Program is proprietary information of Leo Beuerman. Such customer information is confidential and may not be disclosed. Publisher agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.
Failure of the Leo Beuerman site to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect. No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.
This Agreement shall be governed by and construed in accordance with the substantive laws of Missouri, without any reference to conflict-of-laws principles. Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of Missouri, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence. The entire agreement between the parties with respect to the subject matter hereof is embodied on this agreement and no other agreement relative hereto shall bind either party herein. Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice. In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.