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Terms of Use
BY ORDERING THE PRODUCTS AND SERVICES BEING SOLD FROM THIS SITE, YOU CONSENT TO BE BOUND BY THIS AGREEMENT.
SUBJECT TO PAYMENT OF APPLICABLE FEES AND TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, The Combs Foundation, THE OWNER OF THIS WEBSITE, GRANTS YOU A NON-EXCLUSIVE, NON-TRANSFERABLE, LIMITED LICENSE TO USE THE BOOKS, CONTENT, TOOLS AND RESOURCES PRESENT IN THIS SITE (COLLECTIVELY CALLED "TRAINING MATERIALS") IN THE MANNER DESCRIBED BELOW UNDER "SCOPE OF GRANT".
I. SCOPE OF GRANT
YOU MAY ONLY:
(a) access the Training Materials yourself;
YOU MAY NOT:
(a) permit or provide the opportunity to other individuals to use the Training Materials;
(b) disclose the username and password that you use to access the Training Materials to any other individual or company or in any publicly accessible medium;
(c) permit concurrent use of the Training Materials;
(d) modify or translate any portion of the Training Materials (except to the extent of applicable laws), or create derivative works based on the Training Materials;
(e) copy the Training Materials;
(h) sell, rent, lease, grant a security interest in, sublicense, distribute or otherwise transfer rights to the Training Materials; or
(i) remove any proprietary notices or labels on the Training Materials; or
(j) download any of the content, resources or tools that are part of the Training Materials to your computer unless you have been explicity permitted to do so.
II. PROPRIETARY RIGHTS
You acknowledge and agree that, other than the license granted to you in this Agreement, the copyright, patent, trade secret, and all other intellectual property and proprietary rights of whatever nature in the Training Materials, are and shall remain the property of The Combs Foundation.
III. CONFIDENTIAL INFORMATION
You acknowledge that the Training Materials contains valuable confidential information of The Combs Foundation ("Confidential Information"). You agree to keep as it confidential and to use it only as permitted under this Agreement. You agree to safeguard the Confidential Information using the same degree of care as you use with respect to your own information of like importance, but in any event with no less than reasonable care.
IV. OUR POLICIES
a. The Combs Foundation warrants that for 120 days following your purchase of the training materials, the training materials will perform to your satisfaction. You may notify The Combs Foundation of any breach of the foregoing warranty during the 120 day warranty period. As your sole remedy and The Combs Foundation's sole liability for breach of the foregoing warranty, The Combs Foundation will terminate this agreement and refund to you all license fees you have paid for the training materials until that date to The Combs Foundation. All refund requests need to be made through postal mail to The Combs Foundation's post-sales customer service office, the address of which can be obtained by sending an email to info@combsinfo.com If you are paying a monthly fee for continuous access to this training materials, and wish to cancel the monthly payments, the cancellation request also needs to be made through postal mail to The Combs Foundation's post-sales customer service office, the address of which can be obtained by sending an email to info@combsinfo.com If you have signed up for a free trial of the training materials, and if you want to cancel your free trial before you are charged anything, this cancellation request also needs to be made through postal mail to The Combs Foundation's post-sales customer service office, the address of which can be obtained by sending an email to info@combsinfo.com Any refund or cancellation requests made to any other email address, or through phone or fax will not be accepted, honored or replied to, under any circumstances. Refund or cancellation requests made toinfo@combsinfo will receive a response containing the post-sales customer service office of The Combs Foundation's office, but the refund or cancellation request will only be accepted after you send the written refund or cancellation request by post to the post-sales customer service office of The Combs Foundation. No refunds would be issued under any circumstances if the written refund request has not reached The Combs Foundation's post-sales customer service office within 120 days from the date that you purchase the training materials. No free trial cancellations would be made under any circumstances if the written cancellation request has not reached The Combs Foundation's post-sales customer service office within 30 days from the date that you sign up for the free trial. The mailing address given in response to your email to a info@combsinfo is the only address that you should send your refund or cancellation request to. Refund or cancellation requests sent to any other mailing address of The Combs Foundation will not be accepted, honored, or replied to.
B. Except as provided in section iv(a) above, the training materials and the services (as defined in section vi below) are provided to you "as-is", without warranty of any kind. The Combs Foundation expressly disclaims all warranties, express, implied or statutory, including without limitation, the warranties of merchantability, fitness for a particular purpose and against infringement.
C. You are not allowed to make any comments criticizing the Training Materials in the members' only forum that accompanies the Training Materials. You agree that your participation in the members' only site can be revoked if you make any comments that are critical of the Training Materials.
V. INDEMNITY
You agree to indemnify and defend The Combs Foundation, at your expense, against any claim or action brought against The Combs Foundation arising out of or related to (1) your use of the Training Materials, except to the extent covered by The Combs Foundation in this agreement or in any documentation or book that accompanies the Training Materials; or (2) your violation of any terms of this Agreement.
VI. TERMINATION
This Agreement and the license granted herein shall remain in effect perpetually as long as you continue to pay the monthly license fee charged by The Combs Foundation, if any, (except your right to use a free-trial version of the Training Materials, if any, which terminates at the end of the trial period). However, this Agreement and the license will terminate automatically and immediately if you fail to comply with the terms and conditions described herein or if you cancel the monthly license fee charged by The Combs Foundation (if any) or if you ask for a refund as provided in Section IV of this Agreement. Upon termination of this Agreement, you shall stop using everything included in the Training Materials. Furthermore, upon termination of this agreement, The Combs Foundation will immediately disable the username and password that you use to access the Training Materials. The following sections will survive any termination or expiration of this Agreement: III, IV, V and VIII.
VII. COMPLIANCE WITH LAWS; EXPORT CONTROLS
None of the Training Materials or underlying information or technology may be exported or re-exported in violation of applicable export control laws, rules and regulations of any country ("Export Control Laws"). By using the Training Materials, you agree to the foregoing and you represent and warrant that you will comply with all applicable laws, rules and regulations, including without limitation Export Control Laws.
VIII. LIMITATION OF LIABILITY
The Combs Foundation SHALL HAVE NO LIABILITY ARISING UNDER OR RELATED TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE THE Training Materials FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE LIABILITY OF The Combs Foundation TO YOU FOR ANY REASON, REGARDLESS OF THE CAUSE OF ACTION, SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE AMOUNT PAID BY YOU TO The Combs Foundation FOR THE Training Materials UNDER THIS AGREEMENT. THE PRICE OF THE Training Materials HEREIN REFLECTS, AND IS SET IN RELIANCE UPON, THIS ALLOCATION OF RISK AND THE EXCLUSION OF CONSEQUENTIAL DAMAGES SET FORTH IN THIS AGREEMENT.
XI. THIRD PARTY SITES
The Training Materials will direct you to external sites on the World Wide Web. The Combs Foundation is not responsible for any data or other information available from any third party website and you acknowledge that The Combs Foundation shall have no liability to you for any damage or loss arising from the access to, use of, or reliance on such data or information. You shall be solely responsible for complying with any and all terms or conditions imposed by a third party on its website.
XII. FEES AND PAYMENT
Except for any free-trial version of the Training Materials, if any, your use of the Training Materials and the Services is subject to your prior payment of all applicable fees including ongoing monthly fees, if any (collectively, "Fees"). If you are paying a monthly fee to access the Training Materials, you will be automatically charged the appropriate fee every month. Fees and payment information set forth on this website at the time that you purchased the Training Materials are incorporated herein by this reference. You are responsible for any and all taxes and duties based on the transactions contemplated hereunder. Upon receipt of payment of the Fees, The Combs Foundation will give you access to the Training Materials within a reasonable time.
XIII. YOUR INFORMATION
In order to use the Training Materials, you are required to provide certain personal information, such as payment information, name and address. You agree to: (a) provide true, accurate, current and complete information about you as prompted by the applicable forms, and (b) maintain and promptly update the information. If you provide any information that is false, inaccurate, not current or incomplete, or The Combs Foundation has reasonable grounds to suspect that such information is false, inaccurate, not current or incomplete, The Combs Foundation reserves the right to refuse to permit you to access the Training Materials. The Combs Foundation reserves the right to send you occasional emails containing tips for using the Training Materials, or special offers.
XIV. OTHER RIGHTS AND OBLIGATIONS
While The Combs Foundation has every intention to keep your monthly fee (if any) at what it was when you originally purchased the Training Materials, it reserves the right to increase the monthly fee that you are currently paying in good faith, in response to changes in market conditions. If we decide to increase the monthly fee, we will send you an email informing you about the increased fee. If you do not agree to pay the increased monthly fee, your only recourse would be to terminate this Agreement and stop using the Training Materials. If you do not terminate the Agreement on your own within 7 days from the time that we send the email, it will be interpreted that you have agreed to pay the increased monthly fee.
XV. MISCELLANEOUS
This Agreement shall be governed by the laws of the State of West Bengal in India. Exclusive jurisdiction and venue for any dispute arising out of or related to this Agreement shall be in the courts serving the city of Kolkata in West Bengal, India. This page represents the complete agreement between The Combs Foundation and you concerning the subject matter of this Agreement and supersedes all prior and contemporaneous understandings and agreements between the parties concerning the subject matter of this Agreement. This Agreement may be amended only by a writing executed by both parties. No delay or failure by The Combs Foundation to act in the event of a breach or default hereunder shall be construed as a waiver of that or any succeeding breach or waiver of the provision itself. You may not assign, transfer, delegate or sublicense your rights, duties or obligations under this Agreement, in whole or in part without The Combs Foundation's prior written consent. Any attempted assignment in violation of this Section shall be void. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be reformed only to the extent necessary to make it valid or enforceable, and the remainder of this Agreement shall not be affected.
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