TERMS OF SERVICE
AGREEMENT BETWEEN
CUSTOMER (ÒCustomerÓ or ÒYouÓ) AND INTERNATIONAL KNOWLEDGE GROUP, INC.
This Web site, www.calligraphybasics.com, is offered to you, the customer,
conditioned on your acceptance, without modification, of the terms, conditions,
and notices contained herein. Your use of this Web site constitutes your
agreement to all such terms, conditions, and notices.
PERSONAL AND NONCOMMERCIAL USE LIMITATION
This Web site is for your personal and noncommercial use. The content and
information on this Web site (including, without limitation, price and
description of multi-media informational products), as well as the
infrastructure used to provide such content and information, is proprietary to
International Knowledge Group, Inc. or its suppliers and providers.
Accordingly, as a condition of using this Web site, you agree not to use this
Web site or its contents or information for any commercial or non-personal
purpose (direct or indirect). You agree not to modify, copy, distribute,
transmit, display, perform, reproduce, publish, license, create derivative
works from, transfer, or sell or re-sell any information, software, products,
or services obtained from this Web site. In addition, whether or not you have a
commercial purpose, you agree not to:
(I) access, monitor or copy any content or information of this Web site using
any robot, spider, scraper or other automated means or any manual process for
any purpose without express written permission of International Knowledge
Group, Inc.;
(II) violate the restrictions in any robot exclusion headers on this Web site
or bypass or circumvent other measures employed to prevent or limit access to
this Web site;
(III) take any action that imposes, or may impose, in the discretion of
International Knowledge Group, Inc., an unreasonable or disproportionately
large load on the International Knowledge Group, Inc. infrastructure; or
(IV) deep-link to any portion of this Web site (including, without limitation,
the purchase path for any informational products) for any purpose without
express written permission of International Knowledge Group, Inc.
PAYMENTS
Upon confirming your order, your credit card will be charged for the entire
purchase price of the product by International Knowledge Group, Inc.
If payment is not received within 7 days of
the purchase, International Knowledge Group, Inc. reserves the right to cancel
the subscription due to non-payment. At that time the customer will be
responsible for any cancellation fees as agreed to when ordering the
subscription.
RECOVERY FEES
Credit Card Charges. If you
feel we have charged your credit card in error, you must talk to an
International Knowledge Group, Inc. manager to resolve the dispute. If a
manager is not available at the time you call or email, one will return your
call or email within one (1) business day to discuss the charge. If the manager
decides it is necessary to credit your card, the credit will be processed
within 3-5 business days. If you contact your credit card company to dispute a
charge, you agree to pay a $30.00 administration fee per dispute to
International Knowledge Group, Inc., due within 14 days of the dispute. This is
a non-refundable fee, thus it is important you contact International Knowledge
Group, Inc. regarding any credit card charges rather than your credit card
company.
Interest. Any amount left unpaid for more than 30 days will begin accruing
interest at 1.5% or $5.00 per month, whichever is greater.
Collection Fees. Any amount left unpaid for more than 120 days will
be sent to collections. At that time a fee of $150.00 will be assessed.
Furthermore, you will be responsible for reasonable collection and attorneys
fees, as well as any court costs.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEB SITE
MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. IN PARTICULAR, INTERNATIONAL
KNOWLEDGE GROUP, INC. AND ITS AFFILIATES DO NOT GUARANTEE THE ACCURACY OF, AND
DISCLAIM LIABILITY FOR INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION
OF THE PRODUCT DISPLAYED ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION,
PHOTOGRAPHS, LIST OF FUTURE ABILITIES, GENERAL PRODUCT DESCRIPTIONS, ETC.). INSTRUCTIONS
ON THIS WEBSITE ARE INTENDED AS ONLY GENERAL GUIDELINES, AND INTERNATIONAL
KNOWLEDGE GROUP, INC. AND ITS AFFILIATES DO NOT GUARANTEE A CUSTOMERÕS PERSONAL
OUTCOME. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. INTERNATIONAL
KNOWLEDGE GROUP, INC., ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS MAY
MAKE IMPROVEMENTS AND/OR CHANGES ON THIS WEB SITE AT ANY TIME.
INTERNATIONAL KNOWLEDGE GROUP, INC., ITS
AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON
THIS WEB SITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING FOR SALE OF ANY
PRODUCTS OR SERVICES ON THIS WEB SITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR
RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY INTERNATIONAL KNOWLEDGE GROUP,
INC. OR ITS AFFILIATES. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES
ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. INTERNATIONAL
KNOWLEDGE GROUP, INC., ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS HEREBY
DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
NONINFRINGEMENT.
IN NO EVENT SHALL INTERNATIONAL KNOWLEDGE
GROUP, INC., ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS BE LIABLE FOR
ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THIS WEB SITE OR WITH
THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT
OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY,
OR OTHERWISE, EVEN IF INTERNATIONAL KNOWLEDGE GROUP, INC., ITS AFFILIATES,
AND/OR THEIR RESPECTIVE SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF
DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU.
INDEMNIFICATION
You agree to defend and indemnify International Knowledge Group, Inc., its
affiliates, and/or their respective suppliers and any of their officers,
directors, employees and agents from and against any claims, causes of action,
demands, recoveries, losses, damages, fines, penalties or other costs or
expenses of any kind or nature including but not limited to reasonable legal
and accounting fees, brought by
(I) you or on your behalf in excess of the liability described above; or
(II) by third parties as a result of
(a) your breach of these Web Site Terms, Conditions and Notices or the
documents referenced herein;
(b) your violation of any law or the rights of a third party; or
(c) your use of this Web site.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this Web site, you warrant that you will not use
this Web site for any purpose that is unlawful or prohibited by these terms,
conditions, and notices.
SHARING
PASSWORDS/ACCOUNT INFORMATION –
It shall be grounds for revocation of your account privileges, without refund
of the original purchase price, if it is determined that you have intentionally
shared your account information with others.
LINKS TO THIRD-PARTY SITES
This Web site may contain hyperlinks to Web sites operated by parties other
than International Knowledge Group, Inc. Such hyperlinks are provided for your
reference only. International Knowledge Group, Inc. does not control such Web
sites and is not responsible for their contents or your use of them. International
Knowledge Group, Inc.'s inclusion of hyperlinks to such Web sites does not
imply any endorsement of the material on such Web sites or any association with
their operators.
SOFTWARE/DOCUMENTS AVAILABLE ON THIS WEB
SITE
Any software that is made available to download from this Web site ("Software")
is the copyrighted work of International Knowledge Group, Inc., its affiliates,
and/or their suppliers. Your use of the Software is governed by the terms of
the end user license agreement, if any, which accompanies, or is included with,
the Software ("License Agreement"). You may not install or use any
Software that is accompanied by or includes a License Agreement unless you
first agree to the License Agreement terms.
For any Software not accompanied by a License
Agreement, International Knowledge Group, Inc. hereby grants to you, the user,
a personal, nontransferable license to use the Software for viewing and
otherwise using this Web site in accordance with these terms and conditions and
for no other purpose.
Please note that all Software, including,
without limitation, all code contained on this Web site, is owned by International
Knowledge Group, Inc., its affiliates, and/or their suppliers, and is protected
by copyright laws and international treaty provisions. Any reproduction or
redistribution of the Software is expressly prohibited by law, and may result
in severe civil and criminal penalties. Violators will be prosecuted to the
maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR
REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER
REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS
WARRANTEED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
You acknowledge that the Software and any
accompanying documentation and/or technical information are subject to
applicable export control laws and regulations of the USA. You agree not to
export or reexport the Software, directly or
indirectly, to any countries that are subject to USA export restrictions.
MODIFICATION OF THESE TERMS AND CONDITIONS
International Knowledge Group, Inc. reserves the right to change the terms,
conditions, and notices under which this Web site is offered and you agree to
accept and be bound by those terms, conditions, and notices that are in effect
at the time of your use of International Knowledge Group, Inc.Õs Website and
facilities.
MEDIATION AND ARBITRATION
Disputes
arising out of or related to these terms shall be resolved in accordance with
this provision. In the first
instance the parties will attempt to resolve such disputes through open
communication and dialogue. To this end, if a party has a concern about an
actual or possible dispute, and there is not otherwise a reason to immediately
give a Notice of Dispute, the concerned party will informally notify the other
party of the nature of the dispute and explore the possibility of reaching an
agreeable resolution, prior to initiating a Notice of Dispute. If the parties cannot resolve the
matter by informal dialogue or there is a reason to give notice immediately,
either party may give Notice of Dispute to the other party. The Notice of
Dispute shall state the nature of the dispute and the corrective action
necessary to remedy the dispute.
After Notice of Dispute, the parties shall first attempt to resolve any
disputes by mediation. The parties shall agree on a single mediator who shall
be an attorney licensed to practice law in Arizona who has experience in
commercial transactions such as this Agreement and is a trained and experienced
mediator. Mediation shall be
conducted in Phoenix, Arizona.
Each party shall pay its own attorneysÕ fees and the costs of mediation
shall be split equally between the parties.
(a) If the dispute has not been resolved by mediation
within 60 days after Notice of Dispute, or the parties are unable to agree to a
mediator, within 15 days after Notice of Dispute, then, the
dispute shall be resolved by binding arbitration in accordance with Arizona
Revised Statutes ¤ 12-133 and all other relevant sections of the ARS, and judgment
upon the award rendered by the arbitrator may be enforced in any court of
competent jurisdiction. The parties shall agree on 1 arbitrator who shall be an attorney licensed to
practice law in Arizona who has experience in commercial transactions such as
this Agreement and is a trained and experienced arbitrator. The arbitrator shall be
bound by and follow the substantive law of the state of Arizona. The arbitrator shall render a decision within 30
days of the arbitration hearing.
Arbitration shall be conducted in Phoenix, Arizona.
(b) Anything else in this provision notwithstanding, if
either party, at any time, believes that there is the need to maintain the
status quo pending resolution by one or more of the methods set forth in this
Section, that party may seek a temporary restraining order, preliminary
injunction or other equitable relief from any court of competent jurisdiction.
GENERAL
This agreement is governed by the laws of the State of Arizona,
USA. You hereby consent to the exclusive jurisdiction and venue of
courts in Maricopa County, Arizona, USA, in all disputes arising out of or
relating to the use of this Web site. Use of this Web site is unauthorized in
any jurisdiction that does not give effect to all provisions of these terms and
conditions, including, without limitation, this paragraph.
You agree that no joint venture, partnership,
employment, or agency relationship exists between you and International
Knowledge Group, Inc. as a result of this agreement or use of this Web site.
International Knowledge Group, Inc.'s
performance of this agreement is subject to existing laws and legal process,
and nothing contained in this agreement is in derogation of International
Knowledge Group, Inc.'s right to comply with law enforcement requests or
requirements relating to your use of this Web site or information provided to
or gathered by International Knowledge Group, Inc. with respect to such use.
SEVERABILITY
If any part of this agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth above, then the invalid or
unenforceable provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original provision and
agreement shall continue in effect.
All other provisions remain untouched.
INTEGRATION
This agreement (and any other terms and conditions
referenced herein) constitutes the entire agreement between the customer and International
Knowledge Group, Inc. with respect to this Web site and it supersedes all prior
or contemporaneous communications and proposals, whether electronic, oral, or
written, between the customer and International Knowledge Group, Inc. with
respect to this Web site. A printed version of this agreement and of any notice
given in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this agreement to the same extent and
subject to the same conditions as other business documents and records
originally generated and maintained in printed form.
Fictitious names of companies, products,
people, characters, and/or data mentioned herein are not intended to represent
any real individual, company, product, or event.
Any rights not expressly granted herein are
reserved.