TERMS OF SALE FOR PRODUCTS
In purchasing any product from Omnific Publishing, LLC ("Omnific," "our" or "us"), you agree to be bound by the following terms of sale and use as well as our privacy policy:
1. Printed books are sent via U.S. Mail and generally arrive within 5-7 business days of your order if shipped inside the United States. Books shipped internationally may take up to 4-6 weeks for delivery. These are the best possible estimates of delivery time; Omnific will not have any liability for late delivery. All sales are final; however, printed books damaged during shipment may be exchanged for the same product. The book must be returned to us to verify that the damage is of the type that may be attributable to shipping. Once verified, we will replace the book with the same title and refund the average return shipping charge.
2. Returns: All sales are final; however, printed books damaged during shipment may be exchanged for the same product. The book must be returned to us to verify that the damage is of the type that may be attributable to shipping. Once verified, we will replace the book with the same title and refund the average return shipping charge.
3. eBooks should be downloaded from the order completion page, or from the order history page on the Omnific Publishing website, immediately after purchase.
4. Upon your payment of the sales price, you have the non-exclusive right to keep a permanent copy of the eBook you purchase solely for your personal, non-commercial use.
5. You may not sell, rent, lease, distribute, broadcast, sublicense or otherwise assign any rights to the eBook or any portion of it to any third party, and you may not, and may not encourage, assist or authorize any other person to, bypass, modify, defeat or circumvent security features that protect the eBook.
6. Your rights to use an eBook under this Agreement will automatically terminate without notice from Omnific if you fail to comply with any term of this Agreement. In case of such termination, Omnific may immediately revoke your access to the eBook without notice to you and without refund of any fees. Our failure to insist upon or enforce your strict compliance with this Agreement will not constitute a waiver of any of our rights.
7. Omnific reserves the right to take steps it believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement, such as tracking the downloading or use of an eBook by IP address.
8. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT EACH PRODUCT IS PROVIDED "AS IS," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND OMNIFIC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
9. TO THE EXTENT NOT PROHIBITED BY LAW, OMNIFIC SHALL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES BASED ON ANY LEGAL THEORY RELATED TO ANY PRODUCT, EVEN IF OMNIFIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, OUR AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID FOR THE PRODUCT. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
10. The laws of the State of Texas, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and Omnific.
11. ANY DISPUTE ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN DALLAS, TEXAS, EXCEPT THAT, TO THE EXTENT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OMNIFIC'S INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF TEXAS, AND YOU CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN SUCH COURTS. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
12. These Terms constitute the entire agreement between you and Omnific. If any term or condition of this Agreement shall be deemed invalid, void, or for any reason unenforceable, that part shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.
13. Omnific reserves the right to amend any of the terms of this Agreement at its sole discretion by posting the revised terms on its website. Such amendments will be effective immediately and incorporated into this Agreement. You accept such amendments by the continued use of any Omnific product.
For communications concerning this Agreement, you may contact Omnific by writing to:
legal@omnificpublishing.com
