Set out below are the terms and conditions applicable to the sale by ASCENTed.com, a division of Rand Technologies of Michigan, Inc. herein after referred to as ("ASCENT"), of all products listed in this web site. These terms and conditions shall govern all dealings between ASCENT and Purchaser for the acquisition of training courseware and of web-based training tools and knowledge products delivered online, data, library parts and/or intangible materials herein after referred to as ("Licensed Materials") (the courseware, web-based training tools, knowledge products, or intangible materials are referred to here as "Products") from ASCENT and shall be incorporated into all agreements, including agreements set out in ASCENT Product Schedules and Order Forms, whether made in writing or in any other tangible or recorded or electronic form including without limitation agreements made by facsimile, electronic mail, or electronic communications over the Internet to and from ASCENT's web site (the forgoing are all referred to here as a ("writing") related to the purchase, licensing, rental and delivery of Products, unless inconsistent with a separate written agreement between ASCENT and Purchaser. These Conditions shall apply in place of and prevail over any terms and conditions contained or referred to in any Purchaser's purchase order, correspondence or elsewhere or implied by trade, custom, practice or course of dealing unless specifically agreed to in writing by ASCENT and any purported provisions to the contrary are hereby excluded or extinguished. Without limiting the generality of the foregoing, ASCENT will not be bound by any standard or printed terms produced by Purchaser.
The Purchaser agrees to pay ASCENT the invoiced amount set on the web site, which may be subject to change.
Purchaser shall have no right to cancel or reschedule any order (or any part thereof) unless ASCENT and, where, has agreed to such cancellation or rescheduling and the terms related therefore. In addition, refunds will not be granted for:
• Any product that has been opened (taken out of the plastic wrap)
• Any item that is not in its original condition, is damaged, or is missing parts
Prior approval must be obtained from ASCENT for all returns. No returns will be accepted after 30 days from date of purchase. Only current courseware title revisions will be accepted for return. Restocking fees apply.
If a product is accepted for return you will receive your refund within 5 business days. Refunds will be issued using the same payment method as payment was received.
lll. Shipping of Web-based Training Tools and Knowledge Products
ASCENT will deliver access electronically for any web-based training tools and Knowledge Products sold to the Purchaser directly from the web site.
lV. Shipping of Boxed Products
All products delivered shall be packed for shipment and delivered or drop shipped to Purchaser within approximately ten (10) business days following submission of a documented order to ASCENT. All shipping and handling charges incurred in connection with delivering purchased Products shall be borne by the Purchaser.
Please note: orders must be placed by 12:00 p.m. Eastern Time, for same-day processing. Same day processing is not available for older title revisions. The maximum number of books for same-day shipping is 25 per order.
V. Delivery is subject to ASCENT's receipt of all necessary information and documentation from Purchaser including, all import certificates, exemption and/or resale certificates, licenses and other documents as may be required from Purchaser for export of the products. Unless otherwise expressly agreed in writing, delivery of the product will be drop shipped directly to Purchaser, and ASCENT reserves the right to make delivery in installments unless otherwise specified at the time of order.
Vl. Risk of Loss
Risk of loss or damage for Products shall pass to Purchaser upon the earlier of delivery to
(i) Purchaser or
(ii) a common carrier for shipment to Purchaser.
Title to Product shall pass to Purchaser upon the delivery to Purchaser and payment in full by Purchaser for the Product. In the event of a default with respect to any of the payments herein, ASCENT may retain any partial payments which have been made, as liquidated damages and ASCENT shall be entitled to the immediate possession of the goods and shall be free to enter the premises where the goods may be located and remove them as ASCENT 's property, without prejudice to ASCENT's right to recover any further expenses or damages ASCENT may suffer by reason of such non-payment. Purchaser acknowledges that nothing herein shall transfer to Purchaser any intellectual or industrial property right (including copyright, trade secret, trademark or patent) in any Products. ASCENT will make reasonable efforts to deliver Products on dates agreed to in the ASCENT website but will not be liable for any loss or damage whether arising directly or indirectly from delays in delivery. Risk of loss or damage to Products delivered over an electronic network shall pass to Purchaser upon the transmission of the copy to Purchaser electronically.
Purchaser shall indemnify, defend and hold ASCENT harmless from and against any and all damages, expenses, liabilities and losses of any kind whatsoever, including without limitation, attorney's fees arising out of or in connection with Purchaser's use of Products supplied and claims made by any third parties related to such use.
THE PRODUCTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, AND ASCENT EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ASCENT DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS OR ANY ACCOMPANYING MATERIALS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE.
lX. Limitation of Liability
In no event shall ASCENT be liable to Purchaser hereunder or in respect of any products ordered or delivered to Purchaser, whether in contract, tort including negligence or otherwise for a loss of profits or loss of use or for any incidental, consequential, special or indirect damages howsoever caused whether or not ASCENT has been advised of the possibility of such loss or damage. ASCENT's maximum liability to Purchaser under these conditions shall in no event exceed the amount paid by Purchaser for the products which are the subject of the claim and in respect of all claims for products ordered from ASCENT to which these conditions apply the amount paid by Purchaser for the products which are the subject of the claims; provided that nothing herein shall exclude or restrict ASCENT's liability for death or personal injury arising from the negligence of ASCENT or its employees while acting in the course of their employment.
This Agreement shall not be amended except by writing agreed to by both parties and referring specifically to this Agreement.
Purchaser shall not assign or transfer or purport to assign or transfer this Agreement. This Agreement may be assigned by ASCENT. This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and assigns.
Xll. Force Majeure
ASCENT shall not be liable for loss or damages or delay due to causes beyond its control including but limited to acts of God acts of the Purchaser, fore strikes, lockouts or other labour disruptions, flood, epidemics, civil or military restrictions, embargoes, car shortages, wrecks, delays in transportation or inability to obtain necessary labour in the event of any such delivery shall be extended for a period equal to the time lost by reason of the delay.
Invalidity of any provision of this Agreement shall not affect the validity of any other provision hereof and any such invalid provision shall be severed hereof.
XlX. Dispute Resolution/Mediation
The parties agree to use their reasonable efforts to resolve disputes by negotiation. In the event that a dispute occurs that cannot be resolved by negotiation between the parties, the parties agree to use the services of a mediator to attempt to resolve their differences. This clause does not preclude the parties from taking all necessary legal steps, including self-help remedies, or from taking steps to have their dispute resolved by any other appropriate dispute resolution process, including arbitration or the appropriate Court process.
XX. Entire Agreement
This Agreement shall constitute the entire Agreement between the parties regarding the sale of the Products, and supersedes all prior agreements understandings, negotiations and discussions, whether oral or written, of the parties.
All notices hereunder shall be in writing and shall be deemed given upon personal delivery or when sent by certified mail, postage prepaid, return receipt requested to the names and addresses written below.
All contracts for the sale of ASCENT products shall be governed and construed according to the laws of the State of Michigan.
The waiver by a party of a breach of any provision of this Agreement shall not operate as nor be construed as a waiver of any subsequent breach thereof.
Contacting the Web Site
If you have any questions about the terms of sale, the practices of this site, or your dealings with this Website, you can contact us by one of the following methods:
• Send e-mail to firstname.lastname@example.org
• Call customer service at 1.866.527.2368 or 434.817.7908
• Fax customer service at 434.817.4393