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Acceptance of Contract Terms The following are terms of a legal agreement between you and Good News Alliance, LLC. ("Good News Alliance"). By accessing, browsing and/or using this site ("Site"), you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, do not use this Site. The material provided on this Site is protected by law, including, but not limited to, United States Copyright Law and international treaties. This Site is controlled and operated by Good News Alliance from its offices within the United States. Those who choose to access this Site from other locations other thean the United States do so on their own initiative and are responsible for compliance with applicable local laws. Any claim relating to, and the use of, this Site and the materials contained herein is governed by the laws of the state of Flordia. Use Restriction The copyright in all material provided on this Site is held by Good News Alliance or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Good News Alliance or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials. You also may not, without Good News Alliance's permission, "mirror" any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT CONTAINS A DISPUTE RESOLUTION CLAUSE. This Agreement contains the terms and conditions that apply to purchases by Home, Home Office, and Small Business customers from the Good News Alliance entity named on the invoice ("Good News Alliance") that will be provided to you ("Customer") on orders for computer related products and/or services and support sold by Good News Alliance in the United States. If for any reason you are not satisfied with your Good News Alliance-branded software application, you may return the system under the terms and conditions of Good News Alliance's "Total Satisfaction Return Policy" which states in not completely satisfied within 10 days from delivery of password, you may cancel your order and receive a full refund minus 15% setup charge. THESE TERMS AND CONDITIONS APPLY (I) UNLESS THE CUSTOMER HAS SIGNED A SEPARATE PURCHASE AGREEMENT WITH Good News Alliance, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (II) UNLESS OTHER Good News Alliance STANDARD TERMS APPLY TO THE TRANSACTION. These terms and conditions are subject to change without prior written notice at any time, in Good News Alliance's sole discretion. 1. Other Documents. Other than as specifically provided in any separate formal purchase agreement between Customer and Good News Alliance, these terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for product(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and Good News Alliance. 2. Governing Law. THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF FLORIDA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. 3. Payment Terms; Orders; Quotes; Interest. Terms of payment are within Good News Alliance's sole discretion, and unless otherwise agreed to by Good News Alliance, payment must be received by Good News Alliance prior to Good News Alliance's acceptance of an order. Payment for the products and services and support may be made by credit card, wire transfer, money order, cashiers check or some other prearranged payment method unless Good News Alliance has agreed to credit terms. Orders are not binding upon Good News Alliance until accepted by Good News Alliance. Any quotations given by Good News Alliance will be valid for the period stated on the quotation. 4. Shipping Charges; Taxes. Although Good News Alliance's Internet Applications require no shipping, in the event that shipping of a disk or other item, separate charges for shipping and handling will be shown on the invoice(s). Unless Customer provides Good News Alliance with a valid and correct tax exemption certificate applicable to the product ship-to location prior to Good News Alliance's acceptance of the order, the Customer is responsible for sales and all other taxes associated with the order, except for Good News Alliance's franchise taxes and taxes on Good News Alliance's net income. If applicable, a separate charge for taxes will be shown on the invoice. 5. Title; Risk of Loss.. Loss or damage that occurs during shipping by a carrier selected by Good News Alliance is Good News Alliance's responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer's responsibility. Title to software will remain with the applicable licensor(s). 6. Warranties. THE LIMITED WARRANTIES APPLICABLE TO Good News Alliance-BRANDED PRODUCTS ARE INCLUDED IN THE DOCUMENTATION PROVIDED WITH THE PRODUCTS THERE ARE NO WARRANTIES FOR SERVICES. Good News Alliance MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN Good News Alliance'S APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE. ANY SUCH WARRANTIES WILL BE EFFECTIVE, AND Good News Alliance WILL BE OBLIGATED TO HONOR ANY SUCH WARRANTIES, ONLY UPON Good News Alliance'S RECEIPT OF PAYMENT IN FULL FOR THE ITEM TO BE WARRANTED. 7. Software. All software is provided subject to the license agreement that is part of the package. Customer agrees that it will be bound by the license agreement once the package is opened or its seal is broken. Good News Alliance does not warrant any software under this Agreement. Warranties, if any, for the software are contained in the license agreement that governs it purchase and use. 8. Return Policies. Good News Alliance-branded product may be returned by Customer in accordance with Good News Alliance's "Total Satisfaction Return Policy" in effect on the date of the invoice. 9. Products. Good News Alliance continually upgrades and revises its products and service offerings to provide Good News Alliance customers with new products and service offerings. Good News Alliance may revise and discontinue products at any time without prior notice to customers. Good News Alliance will open subscription accounts that have the functionality and performance of the products ordered, but changes between what is created and what is described in a specification sheet or catalog are possible. 10. Good News Alliance Software and Peripherals Products. Any warranty and technical support provided on third-party products purchased through Good News Alliance's Software and Peripherals Division are provided by the original manufacturer and not by Good News Alliance. These products may be returned only in accordance with the return policy in effect on the date of invoice. The warranties and technical support may vary from product to product. Good News Alliance-branded products purchased through Good News Alliance's Software and Peripherals Division carry the same warranty terms as described in Section 6, Warranties, above. For Small and Medium Business Customers, all non-defective products purchased through Good News Alliance's Software and Peripherals Division that are returned to Good News Alliance are subject to a fifteen percent (15%) restocking fee. 11. Limitation of Liability. Good News Alliance DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT. Good News Alliance WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES BUNDLED WITH THE PRODUCTS, Good News Alliance IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE OF PRODUCTS OR SERVICES UNDER THIS AGREEMENT. 12. Binding Arbitration. ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) AGAINST Good News Alliance, its agents, employees, successors, assigns or affiliates (collectively for purposes of this paragraph, "Good News Alliance") arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), Good News Alliance's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under its Code of Procedure then in effect (available via the Internet at http://www.arb-forum.com , or via telephone at 1-800-474-2371). The arbitration will be limited solely to the dispute or controversy between Customer and Good News Alliance. Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Information may be obtained and claims may be filed with the NAF at P.O. Box 50191, Minneapolis, MN 55405. 13. Service and Support. Good News Alliance will provide general technical support to Customer in the United States, in accordance with the then-current technical support policies in effect. Service offerings may vary from product to product. Good News Alliance has no obligation to provide service or support until Good News Alliance has received full payment for the product or service/support contract for which service or support is requested. 14. Headings. The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom. |