Terms & Conditions - Amazing Murals™ Educational Program
By placing an
order for the
on the Amazing
or by mail, you
are agreeing to
comply with all
right to change
these terms and
any time; if any
LLC will notify
you in writing
and the changes
will apply to
you from the
time such notice
is received by
1. Acceptance of terms.
(a) In consideration of your payment of the purchase price, NAHIP LLC (“NAHIP”) will sell you (“Purchaser”) the training materials relating to specialty painting & wall mural installation set forth on the “MuralBusiness.com” website (collectively referred to as the “Materials”).
(b) Due to proprietary trade secrets, no refunds are granted after opening the educational program in the materials which is provided in a sealed box. You are free to examine all other materials provided and make a product return within 30 days of receipt after requesting a return authorization number.
(c) Authorization; security. Purchaser acknowledges that the Materials constitute confidential and proprietary information of NAHIP and agrees to keep the Materials confidential.
2. Purchaser-provided services; discontinuance.
Except to the extent expressly set forth in the order form, Purchaser is responsible for and must provide all labor and services necessary to employ the Materials. NAHIP may discontinue or revise any or all aspects of the Materials at its sole discretion and without prior notice.
3. Unlawful use.
NAHIP provides the Materials exclusively for use by Purchaser. Purchaser warrants that Purchaser will not access or use the Materials in any unlawful manner, for any unlawful purpose or in violation of these Terms and Conditions or applicable laws, rules and regulations. Other than as expressly allowed by these Terms and Conditions, Purchaser will not engage in the uploading, posting, copying, distribution, transmission, reproduction, republication, licensing, display, sale, transfer or creation of derivative products or other works of or from any book, pamphlet, writing, photograph, image, information, content, message, advertisement or any other work found in the Materials. With regard to any Materials in which NAHIP or any affiliate of NAHIP claims a proprietary interest, Purchaser is entitled to have one, and only one, copy of such Materials for Purchaser’s use, provided Purchaser keeps intact all copyright and other proprietary notices. The Materials may not be resold or otherwise disseminated by Purchaser (including without limitation by making copies of, or creating derivative works from, the Materials), and Purchaser may not display, distribute, license, perform, publish, recreate, reproduce, sell, transfer or transmit any of the Materials. Purchaser may not give access to the Materials to any person or entity other than a member of Purchaser's household or a person that Purchaser directly supervises as part of Purchaser's career or employment. Purchaser shall indemnify NAHIP and hold it harmless against all loss, damage, liability, cost or expense (including reasonable attorneys' fees and disbursements) occasioned by Purchaser's violation of the provisions of this paragraph.
4. Trademarks, etc.
Purchaser is not authorized to use any NAHIP name or mark in any advertising, publicity or any other commercial manner without the prior written consent of NAHIP unless specifically stated in the Materials. Purchaser affirmatively agrees not to make commercial use of any of the marks Amazing Murals™, Simply Amazing™ or GlowMax™ (collectively, the “NAHIP Marks”), or any word or combination of words which is similar to any of the NAHIP Marks, as or as a part of any domain name, corporation name, trademark, service mark, or trade name, or other product or commercial identification, or as any advertising copy or slogan, or in connection with the sale, offering for sale, advertising, distribution or promotion of any goods or services of any kind in any medium; without limiting the generality of the foregoing, Purchaser shall not cause, permit or suffer any of the NAHIP Marks or any similar mark to be used or displayed for any purpose (including without limitation as a page or domain name) on or at any Internet site operated, owned or hosted by Purchaser. Purchaser is not being granted a license under any copyright, trademark, patent or other intellectual property right in the NAHIP Marks or in the Materials. NAHIP retains all such rights. NAHIP will also be free to use any ideas, concepts, or techniques contained in Purchaser comments or feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and materials incorporating such information.
5. No franchise or business opportunity; use at Purchaser’s risk; limitation of liability.
The provision of the Materials does not constitute the sale of a franchise or business opportunity by NAHIP and is sold to the Purchaser as an educational training program only. Use of the Materials and any Purchaser reliance upon any Materials, including any action taken by Purchaser because of such use or reliance, is at Purchaser’s sole risk. Neither NAHIP nor any of its vendors, trustees, employees, distributors, contractors or agents is responsible or liable for, or makes any representations or warranties as to:
(a) The profitability of any activity that may be undertaken by Purchaser in the use of the Materials (including the results to be obtained from use of them); or
(b) Any loss resulting from, arising out of or related to Purchaser’s use of or interaction with the Materials.
6. Materials provided “as is”; damages limited. THE MATERIALS ARE PROVIDED TO PURCHASER ON AN “AS IS,” “AS AVAILABLE” BASIS, AND NEITHER NAHIP NOR ANY OF ITS TRUSTEES, EMPLOYEES, DISTRIBUTORS, CONTRACTORS OR AGENTS MAKES ANY REPRESENTATIONS AS TO THE SUITABILITY OF THE MATERIALS FOR ANY PURPOSE. NAHIP AND ITS TRUSTEES, EMPLOYEES, DISTRIBUTORS AND AGENTS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ACCURACY WITH RESPECT TO THE MATERIALS. IN NO EVENT SHALL NAHIP OR ANY OF ITS TRUSTEES, EMPLOYEES, DISTRIBUTORS, CONTRACTORS OR AGENTS BE LIABLE TO PURCHASER OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER WITH RESPECT TO THE MATERIALS OR THE MATERIALS REGARDLESS OF WHETHER OR NOT SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE THE LAW MAY IN SOME CASES PROHIBIT THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH CASES THE LIMITATION OF LIABILITY ONLY WITH RESPECT TO CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY TO PURCHASER. IN SUCH CASES, THE RESPECTIVE LIABILITY OF NAHIP AND ANY OF ITS AFFILIATES AND ANY OF THEIR RESPECTIVE VENDORS, TRUSTEES, EMPLOYEES, DISTRIBUTORS, CONTRACTORS AND AGENTS IS LIMITED TO THE GREATEST EXTENT ALLOWABLE UNDER APPLICABLE LAW. Purchaser expressly agrees that under no circumstances shall the total, aggregate liability of NAHIP and its vendors, affiliates, trustees, employees distributors and agents to Purchaser or any party claiming by or through Purchaser for any cause whatsoever exceed the amount paid by Purchaser to NAHIP, regardless of the form of action and whether in contract, statute, tort or otherwise.
7. No liability for Purchaser’s business activity.
Purchaser is solely responsible for Purchaser’s business decisions, including all decisions made in reliance on the Materials or on advice of any third party. NAHIP provides Purchaser the opportunity to access or use the Materials for the reference and convenience of Purchaser. NAHIP is not an agent of any third party with respect to the Materials. Purchaser shall hold harmless NAHIP and all of its vendors, trustees, employees, distributors, contractors and agents from and against any liability, and neither NAHIP nor any of its underlying Materials providers, information providers, licensors, trustees, employees, distributors, contractors and agents shall have any liability with respect to, any loss, penalty, fine or other damages (including reasonable attorneys’ fees) either incurred or caused by Purchaser with respect to the use of the Materials, including, but not limited to, matters relating to incorrect, incomplete, or misleading information; libel; invasion of privacy; infringement of a copyright, trade name, trademark, service mark, or other intellectual property; any defective product or any injury or damage to person or property caused by any products sold or otherwise distributed through or in connection with the Materials; or violation of any applicable law.
8. Collection costs.
If NAHIP shall commence any legal proceeding to collect any sum of money due NAHIP hereunder or with respect to the purchase price of the Materials, NAHIP shall be entitled to recover all reasonable costs and expenses of collection, including attorneys’ and administrative fees and court costs. Should payment not be made according to the terms and conditions set forth, as agreed to, and in the order form, Purchaser shall pay interest on the unpaid balance at the lesser of (a) the rate of and one-half (1.5%) percent per month or (b) the highest rate permitted by law. NAHIP shall be entitled to a returned-check fee of $50 if any check given by Purchaser is returned unpaid. If the order is paid by credit or debit card, and then, the order is accepted by NAHIP as being cancelled, and refunded, the Purchaser agrees to pay the full cost of actual shipping both ways, plus a 5% restocking fee with charges to be taken out of the refund amount.
9. Governing law.
These Terms and Conditions and Purchaser’s access to and use of the Materials are governed by, subject to and construed according to the laws of the State of Connecticut without regard to its conflicts of law provisions. The arbitration provisions of this Agreement shall be construed and enforced exclusively in accordance with the Federal Arbitration Act, 9 U.S.C. 1-16.
Any and all controversies that may arise between Purchaser and NAHIP concerning any matter related to the Materials or to these Terms and Conditions or in any other way relating to the transactions between Purchaser and NAHIP (including without limitation a claim against any trustee, employee, agent, successor and assignee of NAHIP with respect to the subject matter of these Terms and Conditions, and including any claim that challenges the validity, enforceability or scope of these Terms and Conditions) shall be settled, at the election of either party, by binding arbitration. In agreeing to arbitration, Purchaser understands that:
(a) Arbitration is final and binding on all parties.
(b) The parties are waiving their right to seek remedies in court, including the right to jury trial.
(c) Pre-arbitration discovery is generally more limited than and different from court proceedings.
(d) The arbitration award is not required to include factual findings or legal reasoning and any party’s right to appeal or to seek modification of arbitration rulings is strictly limited.
There shall be no authority for any claims to be arbitrated or otherwise heard on a class-action basis. Any arbitration can decide only Purchaser’s or NAHIP’s claims and may not consolidate or join the claims of other persons or parties who have similar claims without NAHIP’s consent in each instance. Any arbitration shall be pursuant to the applicable rules of the National Arbitration Forum. The award of the arbitrators will be final and binding on the parties, and judgment upon the award rendered may be entered into in any court, state or federal, having jurisdiction. This arbitration agreement is made pursuant to a transaction involving interstate commerce.
11. No partnership or agency.
Neither these Terms and Conditions nor Purchaser’s access to, use of or interaction with the Materials shall be deemed to create a joint venture, partnership or similar relationship between Purchaser and NAHIP. Neither NAHIP nor Purchaser has the authority to bind the other party, and neither party shall hold itself out as having any authority to do so. NAHIP is not an agent of any third party providing Materials.
12. Purchaser’s Authority.
If Purchaser is a natural person, Purchaser represents that Purchaser is of legal age to enter into this agreement. If Purchaser is a corporation, partnership, limited liability company or other entity, the person agreeing to these Terms and Conditions represents that he or she has been authorized to do so by appropriate action and that Purchaser has provided or will provide NAHIP on request with all relevant resolutions and authorizations. If the subscriber is a trustee or other fiduciary, the trustee or fiduciary represents that the use by the subscriber of the Materials is authorized under the applicable plan, trust or law, that the person agreeing to these Terms and Conditions has the authority to do so, and that copies of all relevant trust documents have been provided or will be provided to NAHIP on request.
13. Partial invalidity.
If any provision of these Terms and Conditions shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
14. Entire agreement; limitation period for claims; no oral modification.
These Terms and Conditions, as they may be modified in accordance herewith, constitute the entire agreement between NAHIP and Purchaser with respect to the Materials, and, as such, they supersede any and all prior or contemporaneous negotiations, discussions, conversations, correspondence, memorandums and agreements between NAHIP and Purchaser. Purchaser agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Materials or under these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever waived and barred. The language of these Terms and Conditions shall be construed as to its fair meaning and not strictly for or against any party. These Terms and Conditions may not be modified orally. A printed version of these Terms and Conditions shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.