Western Reserve Education & Consulting, LLC DBA Life Skills Curriculum (“Life Skills”)
1. General
These terms and conditions (the ”Terms”) are the sole terms and conditions which apply upon any sale of Life Skill’s educational curriculum product and related services (the “Curriculum”) to customer (“Customer”). Life Skills hereby expressly conditions its sale of the Curriculum upon Customer’s acceptance of these Terms. Furthermore, Life Skills hereby rejects any and all provisions in any other writing or representation which are inconsistent with any terms and conditions set forth herein.
2. Price and Related Charges
The purchase price (“Purchase Price”) for Customer’s purchase of the Curriculum from Like Skills shall be the price set forth within Life Skills’ website addresses, including www.thelifeskillcurriculum.com, www.thelifeskillsstore.com, and www.lifeskillsstore.com (each, a “Website,” or collectively, the “Websites”), and as specifically selected by Customer. No adjustment shall be made to the Purchase Price to reflect lower prices which might be available elsewhere or to other customers of Life Skills. Customer shall pay all charges, taxes, and fees incurred or imposed in connection with Customer’s purchase of the Curriculum, along with all other applicable shipping costs.
3. Limited Warranty
Your purchase of the Curriculum is provided “as is” and “as available” basis. To the fullest extent permissible by applicable law, Life Skills disclaims all warranties, whether express or implied, including but not limited to, the warranties of merchantability and fitness for a particular purpose. Without limiting the foregoing, Life Skills makes no representation or warranty of any kind, express or implied: (i) as to the Curriculum, the content and materials therein, and (ii) as to the availability, accuracy, reliability, or currency of any information or content within the Website.
4. Limited Liability
Life Skills’ liability to Customer for any claim, loss, cost, injury damage or expense, including reasonable attorney fees, relating to or arising from Customer’s purchase of the Curriculum, shall in no event extend beyond a refund of the Purchase Price for the Curriculum in question, and Life Skills shall not be liable under any circumstances for any indirect, special, punitive, exemplary, incidental or consequential damages arising out of, or in connection with, Customer’s purchase and use of the Curriculum.
5. Indemnification
Customer will and does hereby agree to indemnify, defend, and hold Life Skills harmless from and against any and all losses, claims, actions, costs, damages, penalties, and expense, including reasonable attorney fees, that may be incurred by Life Skills arising out of, relating to or resulting from Customer’s (i) purchase of the Curriculum, (ii) acts or omissions in connection with the use of the Curriculum and/or the Website, (iii) violation of any applicable laws, rules or regulations applicable to the Curriculum, and (iv) breach of these Terms.
6. Intellectual Property
The Curriculum and all other material, content, designs, logos, trademarks, service marks, or service names contained in this Website is the intellectual property of Life Skills (“Life Skills’ Property”) and is protected by copyright and intellectual property laws. Life Skills’ Property shall not be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Life Skills. Notwithstanding, You are permitted to electronically copy, print to hard copy, and/or store Life Skills’ Property for the sole purpose of informational and non-commercial, personal use only and are granted a limited duration, non-exclusive license for such purposes. Any other use of the materials in the Curriculum and the Website other than as described above and without the advanced written permission of Life Skills is strictly prohibited. Life Skills shall have the sole and absolute discretion and right to cancel Customer’s account or otherwise restrict Customer’s access to this Website or the Curriculum upon any breach of this section. Life Skills retains all proprietary rights to, and exclusively holds the copyright upon, all of Life Skills’ Property.
7. Assignment
Customer’s rights in and to the Curriculum shall not be assigned or transferred, in whole or in part, to any other person or third-party. Life Skills may assign its rights under these Terms.
8. Dispute, Choice of Law and Jurisdiction
This Agreement is governed by the laws of the State of Ohio. To the extent the parties are permitted under these Terms to initiate litigation, Customer agrees that any and all claims and disputes arising out of or relating to these Terms will be litigated exclusive in the municipal, state, or federal courts servicing Lake County, and/or the State of Ohio. Customer hereby specifically waives Customer’s right to have any claim, dispute or controversy arising out of or relating to these Terms litigated or resolved through arbitration, and hereby waives all of Customer’s rights to make class action claims in connection with this Agreement. Customer further waives Customer’s right to trial by jury if there is any dispute arising out of or relating to these Terms.
9. Other General Terms
(a) These Terms do not create an agency or joint venture relationship between Customer and Life Skills.
(b) If for any reason any provision of these Terms is held invalid or unenforceable in whole or in part, such provision shall be ineffective only to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability of the remaining provisions hereof.
(c) Should Life Skills be force to pursue the collection of any amount of the Purchase Price or other costs owed and due from Customer to Life Skills, Customer agrees to be responsible for paying all costs and actual reasonable attorney fees incurred by Life Skills in the pursuit of collection, along with all court costs and fees.
(d) These Terms may be executed in several counterparts, in writing or by electronically signature, each of which when so executed will be deemed an original for all purposes, and signatures transmitted by facsimile or electronically shall be accepted as original signatures.
(e) These Terms shall not be altered or modified except by written amendment signed by an authorized member of Life Skills.
(f) Customer acknowledges that Customer had the opportunity to review these Terms and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of these Terms, including any amendments hereto, and the same shall be construed neither for nor against either party, but shall be given a reasonable interpretation in accordance with the plain meaning of its terms and the intent.
(e) These Terms, along with Life Skills’ Terms of Use, are the full, complete and exclusive agreement of the parties with respect to the subject matter thereof and supersede and merges all prior discussions between the parties with respect to such matter.