Phil Ackland Training (or it’s websites) is an Internet-based site for products and services offered for sale by Phil Ackland Training via the Internet, telephone and faxed in orders.

Phil Ackland Training (or it’s websites) offers real-time purchasing capability by purchasing the goods and/or services of Phil Ackland Training (or it’s websites) and then enabling potential Customer and/or Visitors of goods and services to purchase these goods and/or services through the use of credit cards, such as VISA, MasterCard, Discover, and Paypal,com.

Phil Ackland Training (or it’s websites) processes all credit card transactions through the use of its secure SSL encryption network and any other processes made available through its contracted processing platform.  Payment shall be initiated via the secure payment processes.

2.  CONDITIONS OF SERVICE

Phil Ackland Training (or it’s websites) assumes no liability for disruptions in service or improper operation of its equipment or software for any reason, including, but not limited to, vandalism, theft, phone service outages, Internet disruptions, human error, extreme or severe weather conditions or any other causes referred to as “Acts of God” or force majeure.

Phil Ackland Training (or it’s websites) agrees to clearly, accurately, and concisely notify any potential Customer and/or Visitor of the terms required by this Agreement and the Privacy Policy, as may be amended from time to time.  Such notification shall include, but is not limited to, the inclusion of required documentation on the Phil Ackland Training (or it’s websites)’s website homepage.

Phil Ackland Training (or it’s websites) will inform Customer and/or Visitors that the cost of goods or services they purchase and which are supplied per this Agreement by a contracted Phil Ackland Training (or it’s websites) representative will be billed to their credit card prior to their order being shipped (for tangible goods) or otherwise provided (for digital goods or services).

Phil Ackland Training (or it’s websites) shall clearly disclose to any Customer and/or Visitor making a credit card purchase the location of the Phil Ackland Training (or it’s websites) and Phil Ackland Training (or it’s websites) immediately prior to the Customer and/or Visitor’s accessing payment instructions.  Compliance with this regulation will be initiated via the secure payment processes.

4.  DISCLAIMER OF Phil Ackland Training (OR IT’S WEBSITES) WARRANTIES

Phil Ackland Training (or it’s websites) agrees that it will disclaim any implied warranties to Customer and/or Visitors, including, but not limited to, merchantability, fitness for a particular purpose, and non-infringement.

Phil Ackland Training (or it’s websites) further agrees it will not provide, offer, or advertise a “lifetime warranty,” “lifetime guarantee,” or any other guarantee. 

5.  LIMITATIONS IN SERVICE

Phil Ackland Training (or it’s websites) understands and agrees that Phil Ackland Training (or it’s websites) may prohibit the sale of specific products or services as set forth in its “Prohibited Products List,” and incorporated herein by reference.  Phil Ackland Training (or it’s websites) further understands and agrees that Phil Ackland Training (or it’s websites) may amend or change the Prohibited Products List, from time to time, in its sole discretion.  Phil Ackland Training (or it’s websites) understands and agrees that any amendments will be effective upon posting by Phil Ackland Training (or it’s websites) on its website.

6.  LIMITATIONS ON TRANSACTIONS

Phil Ackland Training (or it’s websites) understands and agrees that Phil Ackland Training (or it’s websites) reserves the right to impose limits on sales of products or services and to refuse to process transactions to specific Customer and/or Visitors for any reason, in its sole discretion.

Phil Ackland Training (or it’s websites) understands and agrees that Phil Ackland Training (or it’s websites) may: (1) limit or restrict sales to a minimum or maximum product/service price; (2) impose limits on the amount or number of purchases which may be charged to an individual credit card account during any time period; (3) request additional validation information from Customer and/or Visitors, such as signed contracts and/or receipts; or (4) refuse to accept orders from Customer and/or Visitors with a prior history of questionable charges. 

Customer and/or Visitors understands and agree that it will not hold Phil Ackland Training (or it’s websites) liable for any losses, expenses, or damages it sustains, including claims for lost profits, on account of Phil Ackland Training (or it’s websites)’s imposition of Transaction Limits or Reserve Amounts for any reason.

7.  Phil Ackland Training (or it’s websites)’s declarations

7.1  Legal Capacity:

By completing the shoppingcart form and agreeing to the terms of this Agreement the Phil Ackland Training (or it’s websites) affirms that Phil Ackland Training (or it’s websites) has full legal capacity and can lawfully enter into and form contracts under applicable law.  

7.2  Truthful Information:

Phil Ackland Training (or it’s websites) affirms that all information and data it provides, or has any party provide, to the Customer and/or Visitor on the registration form and via any other means is truthful, accurate, valid, the lawful property of the Phil Ackland Training (or it’s websites), and that Phil Ackland Training (or it’s websites) has the legal right to communicate such information.  

7.3   Validation:

Company requires that all email, domain, URL or telephone information provided by Customer and/or Visitor must be able to be validated.  If any of the information provided by the Customer and/or Visitor is incorrect or cannot be validated, the Customer and/or Visitor agrees that Phil Ackland Training (or it’s websites) may suspend or terminate the Customer and/or Visitor’s account, at Phil Ackland Training (or it’s websites)’s discretion.  

7.4   Intellectual Property Rights/Ownership:

Phil Ackland Training (or it’s websites) is fully responsible and solely liable for the content of its website and for the advertising and promotion of all products.  The Phil Ackland Training (or it’s websites) certifies and represents to Phil Ackland Training (or it’s websites) that it is the owner or that it has full right and authority to use and disseminate all information, data, graphics, text, video, music, or other intellectual property which either forms a part of its website.

Phil Ackland Training (or it’s websites) represents and warrants to the Customer and/or Visitor that Phil Ackland Training (or it’s websites) is legally authorized to sell any product/service it offers.  Phil Ackland Training (or it’s websites) agrees it will provide the Customer and/or Visitor with any copies of documentation immediately upon Phil Ackland Training (or it’s websites)’s receipt of a request by the Customer and/or Visitor for such documentation.

Phil Ackland Training (or it’s websites) further represents that it will conform to any and all laws, rules, regulations, requirements and/or other standards established by the Federal Trade Commission, State and local consumer protection agencies, and credit card governing agencies regarding the sale of products over the Internet or in situations where the credit card is not present, whether now in effect or placed into effect after the effective date of this Agreement.

8.   Disclaimer of warranties

THE CUSTOMER AND/OR VISITOR understands and accepts that Phil Ackland Training (or it’s websites) will provide services  to the CUSTOMER AND/OR VISITOR on an “AS IS” basis.  COMPANY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTIBILITY AND IMPLIED WARRANTY FOR FITNESS FOR A PARTICULAR PURPOSE.  THE CUSTOMER AND/OR VISITOR assumes all liability for its utilization of Phil Ackland Training (or it’s websites)’s services.

9.  LIMITATION OF LIABILITY

Phil Ackland Training (OR IT’S WEBSITES) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE WEBSITE, THE SERVICES, THE INABILITY TO USE THE SERVICES, OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES.

In no case shall a THE CUSTOMER AND/OR VISITOR be entitled to recover damages from Phil Ackland Training (or it’s websites) that exceed the sum of THE sale, SALES commissions and service fees, WHERE APPLICABLE,  retained by Phil Ackland Training (or it’s websites) under this Agreement during the six months prior to the event giving rise to the claim for damages.  

10.  TAXES

The Customer and/or Visitor understands and agrees that the Customer and/or Visitor is responsible for the payment of all taxes applicable to its operations, and authorizes Company to deduct amounts for taxes from payments received from Customer and/or Visitors for the purpose of remitting such amounts to the appropriate taxing authority.

11.  ILLEGAL ACTIVITY

The website and Services of Phil Ackland Training (or it’s websites) may be used only for lawful purposes and in a lawful manner.  The Customer and/or Visitor agree to comply with all applicable laws, statutes, and regulations.  The Customer and/or Visitor may not register under a false name or use an invalid or unauthorized credit card.  The Customer and/or Visitor may not impersonate any participant or use another participant's information.  Such fraudulent conduct is a violation of federal and state laws.  Fraudulent conduct may be reported to law enforcement, and Phil Ackland Training (or it’s websites) will cooperate to ensure that violators are prosecuted to the fullest extent of the law.

Phil Ackland Training (or it’s websites) has the right, but not the obligation, to monitor any activity and content associated with its website and Services.  Phil Ackland Training (or it’s websites) may investigate any reported violation of its policies or complaints and take any action that it deems appropriate.  Such action may include, but is not limited to, issuing warnings, suspension or termination of service, denying access, and/or removal of any materials on the Site.  Phil Ackland Training (or it’s websites) reserves the right and has absolute discretion to remove, screen, or edit any content that violates these provisions or is otherwise objectionable.

Phil Ackland Training (or it’s websites) reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties.  In order to cooperate with governmental requests, to protect Phil Ackland Training (or it’s websites)’s systems, Phil Ackland Training (or it’s websites), and Customer and/or Visitors, or to ensure the integrity and operation of Phil Ackland Training (or it’s websites)’s business and systems, Phil Ackland Training (or it’s websites) may access and disclose any information it considers necessary or appropriate, including but not limited to user contact details, IP addressing and traffic information, usage history, and posted content.

12.  PERSONAL INFORMATION

Unless otherwise authorized by Company in writing, Phil Ackland Training (or it’s websites) agrees not to use or disclose personal information about any Customer and/or Visitor except to enter into and complete transactions with a Customer and/or Visitor.  Phil Ackland Training (or it’s websites) agree not to use any Customer and/or Visitor information for purposes of solicitation, advertising, unsolicited e-mail or spamming, harassment, invasion of privacy, or otherwise objectionable conduct.

13.  Copyright Notice

If the Customer and/or Visitor believes that any content on the Web Site has been copied in a way that constitutes copyright infringement, or Phil Ackland Training (or it’s websites)’s intellectual property rights have been otherwise violated, please notify our offices immediately.

14.  Amendments and Modifications

The Customer and/or Visitor understands and agrees that Phil Ackland Training (or it’s websites) may amend or modify this Agreement and that any such amendment or modification will be binding upon its placement on Company’s website or when sent to you by e-mail.  Continued use of Phil Ackland Training (or it’s websites)’s services will be considered acceptance of all terms in the amended/modified Agreement.

15.  INDEMNIFICATION

The Customer and/or Visitor agrees to indemnify and hold Phil Ackland Training (or it’s websites), its employees, officers, agents, and directors from any and all fines, penalties, losses, damages, claims, costs, expenses (including attorney’s fees) or other liabilities resulting from or in connection with this Agreement or incurred as a result of Phil Ackland Training (or it’s websites)’s violation of any law, regardless of whether such damages are actual, direct, indirect, special, incidental, consequential, or punitive (“Damages”).  

16.  Notices

To Company, via certified mail to the following address: