Terms & Conditions - Amazing Murals™ Educational Program
By placing an
order for the
Amazing Murals™
materials either
on the Amazing
Murals™ website
“MuralBusiness.com”
or by mail, you
are agreeing to
comply with all
the following
Terms and
Conditions.
NAHIP, LLC
reserves the
right to change
these terms and
conditions at
any time; if any
terms or
conditions
change, NAHIP
LLC will notify
you in writing
and the changes
will apply to
you from the
time such notice
is received by
you.
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.
10.
Arbitration.
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.