1.    SCOPE & APPLICATION

These terms and conditions apply to all purchases of products (including, without limitation, hardware and/or software) ("products") or services ("services") which are sold through this website ("site" or "web site") by: (a) Us, (references to "us", "we" or "our" being construed accordingly) to (b) you, the purchaser (references to "you" or "your" or "user" being construed accordingly).

By placing an order on this site you agree to abide by these terms and conditions.  

We reserve the right to revise this Agreement, the Privacy Policy, and any other document applicable to the Site or the Service, from time to time in our sole discretion without further notice.  If we do so, we will post the revisions on the Site and indicate the date of the last revision.  You should regularly check the Site for the most current version of these documents.

PLEASE READ THIS AGREEMENT CAREFULLY.  IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING CERTAIN LIMITATIONS AND EXCLUSIONS AND A PROCEDURE FOR RESOLVING DISPUTES.

2.    OFFER, ACKNOWLEDGMENT AND ACCEPTANCE

Any prices, quotations and descriptions made or referred to on this Site are subject to availability, do not constitute an offer and may be withdrawn or revised at any time prior to our express acceptance of your order (as described below).

While we make every effort to ensure that services appearing on the Site are available, we cannot guarantee that all items are in stock or immediately available when you submit your order. We may reject your order (without liability) if we are unable to process or fulfill it. If this is the case, we will refund any prior payment that you have made for that item.

An order submitted by you constitutes an offer by you to us to purchase Products or Services on these Conditions and is subject to our subsequent acceptance.

Prior to such acceptance, an automatic e-mail acknowledgement of your order may be generated. Please note that any such automatic acknowledgement does not constitute a formal acceptance of your order.

Our acceptance of your order takes effect and the contract concluded at the point where such offer is expressly accepted by us dispatching your order/commencing Services and accepting your credit card or other payment ("Acceptance").

3.    YOUR REPRESENTATIONS

You represent that information provided by you when placing your order is up-to-date, materially accurate and is sufficient for us to fulfill your order. You also represent that you have legal capacity to enter into a contract.

You are responsible for maintaining and promptly updating your account information with us for accuracy and completeness and keeping such information (and any passwords given to you for the purposes of accessing the Site and/or purchasing Products) secure against unauthorized access.  If you provide any information, or we reasonably suspects you have provided any information, that is untrue, inaccurate, not current, or incomplete, we may terminate your account and refuse all access to or use of the Service and the Site.  You agree that your right to use the Service is personal to you, and you may not resell, assign, or make any commercial use of the Service.

Unless agreed otherwise or required by applicable law, any warranties provided in relation to Products or Services only extend to you on the understanding that you are a user and not a reseller of those Products or Services.

No warranty, commitment or any other obligation should ever be assumed by you on our behalf or on behalf of a Product manufacturer, licensor or supplier without our express prior written consent.

To use this site and these services you must be at least 18 years old.  By using the Service or the Site, you represent that you are of legal age to form a binding contract, you are not a person barred from receiving services under the laws of the United States or any other applicable jurisdiction, and you agree to comply with the terms of this Agreement.

4.    PRIVACY, PASSWORD, AND SECURITY.

You are solely responsible for your use of the Service.  Upon Registration, you will select a user name and password.  You must keep your user name and password confidential so that no one else may access the Service through your Member account.  You must notify us immediately upon discovering any unauthorized use of your Member account or if you believe your user name or password has been compromised.

We will not sell, exchange, or release your personal information to any third party without your permission, except as required by law or by court or governmental order, as permitted in the Privacy Policy, or as you have otherwise agreed.  We may share or publicly disclose compiled, aggregated information about Users that does not contain personally identifiable information. 

5.    PRICE AND TERMS OF PAYMENT

Prices payable for Products or Services are those in effect at the time of order received, unless otherwise expressly agreed. Prices may be indicated on the Site or an order acknowledgement but the authoritative price in the event of any discrepancy, is the price that is notified to you on our Acceptance.

Prices (unless stated otherwise) are in the currency quoted on the Site.

Free Trials

We may elect to offer Subscribers of a Paid Service a free trial during which fees are abated.  We reserve the right not to offer a free trial or to limit you to one free trial.  If you Enroll in the Service as part of a free trial, your free trial time must be used within the free trial period.  to avoid being charged the full amount of the Service plan in which you are Enrolled, you must cancel the Service in writing before the end of the free trial period.

Charges and Billing.

Any Paid Service must be pre-paid. Payment for Paid Service is due on the day of Enrollment or the first day after the expiration of any free trial period, whichever occurs later; and thereafter on the first day after the end of each billing cycle.  Billing cycles vary depending on the type of payment plan a Subscriber selects.  Payment for Paid Service grants access to Subscribers to utilize the Service 24/7.  EXCEPT AS PROVIDED IN THIS AGREEMENT OR BY EXPRESS NOTIFICATION FROM US TO THE CONTRARY, PAYMENT FOR PAID SERVICE—WHETHER USED OR UNUSED—IS NON-REFUNDABLE.

Subscribers may pay by credit card or debit card by using Visa or MasterCard.  By selecting the debit card billing option and providing us with your account information, you authorize us to debit your account for Paid Service fees and other applicable charges.  If your financial institution declines your payment, you agree to pay us a $25.00 NSF or closed account fee for every such occurrence—in addition to any fee your financial institution may charge.

we will automatically charge your designated credit card OR DEBIT YOUR ACCOUNT every billing cycle Unless you cancel the service using the procedures outlined in this agreement.  By continuing to subscribe to Paid Service, you re-affirm that we are authorized to collect applicable fees by charging your credit card or debiting your account, depending on the payment method you have selected.  Nonuse of or non-payment for the Service does not constitute cancellation of the Service, nor does it remove your ongoing obligation to pay applicable Service fees.

We are not responsible for any charges or expenses (such as for overdrawn accounts or exceeding credit or debit card limits) resulting from charges billed by us.  You agree to maintain valid and current credit card, debit card, or checking account information on file with US during the term of this Agreement and for one year thereafter.

Changes in Fees or Billing Methods.

We reserve the right to change our fees or billing methods at any time.  We will post any such changes on the Site at least 30 days before they take effect.  If you don't like the changes in fees or billing methods, you may cancel the Service at any time subject to the cancellation provisions outlined in this Agreement.  We also have the right to collect applicable taxes and impose premium surcharges for some areas of the Service.

Automatic Renewal.

No matter which payment plan you select, your subscription will automatically renew at the end of the plan's term AND YOUR CREDIT CARD OR debit checking ACCOUNT WILL BE CHARGED, unless you cancel your subscription 30 days before the end of the plan's term following the procedures outlined in this agreement.  YOU SHOULD THEREFORE KEEP TRACK OF YOUR ACCOUNT'S BILLING CYCLE and regularly update your enrollment information.

Delinquent Accounts and Billing Disputes

We expect you to pay your account balance on time.  Delinquent accounts may be suspended or canceled at our sole discretion; however, charges will continue to accrue until the Service is properly canceled.  We may impose an additional charge to reinstate suspended or canceled Service. We will assess an additional 1.5% per month late charge (or the highest amount allowed by law, whichever is lower, with a minimum charge of $1.00) if your payment is 30 days past due.  That amount is due immediately upon assessment.  You are liable for any costs, including attorney and collection fees, we may incur in collecting any balance from you.  IF YOUR ACCOUNT IS CANCELLED, you will be billed for and will pay any outstanding balance, including any ongoing subscription fees through the end of your plan's term.  You WAIVE YOUR RIGHT TO DISPUTE any billing problem or discrepancY UNLESS YOU NOTIFY US OF THE PROBLEM in writing AT THE ADDRESS SHOWN ON OUR WEBSITE within 60 days after (a) an indication of the PROBLEM first appearS on your bank or credit card statement, or (b) YOU receivE THE DISPUTED invoice or statement from US, whichever occurs first.  You may obtain answers to many common billing questions by contacting us.

6.    TERMINATION AND CANCELLATION.

Either you or us may terminate or cancel your account at any time.  You understand and agree that the cancellation of your account is your sole right and remedy with respect to any dispute with us.  This includes any dispute related to, or arising out of: (a) any term of this Agreement or the enforcement or application of this Agreement; (b) any policy or practice of ours, including the Privacy Policy and our security practices, or the enforcement or application of these policies or practices; (c) your ability to access or use the Service; and (d) the amount or type of, or changes to, fees, surcharges, applicable taxes, or billing methods.  All provisions of this Agreement that by their nature are intended to survive termination, including Sections 7 through 13, will remain in force and continue to be binding on you if your account is terminated or cancelled for any reason.

You may cancel your account only through writing. Cancellation will be effective WITHIN thirty (30) DAYS AFTER the cancellation request is properly delivered and received.  We will process your cancellation request and send you e-mail confirmation of the cancellation.

7.  LIMITATION OF WARRANTIES AND LIABILITY; DISCLAIMER OF WARRANTIES.

EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, WE MAKES NO EXPRESS WARRANTIES, AND DISCLAIMS. ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING ANY MERCHANDISE, INFORMATION, OR SERVICE PROVIDED THROUGH US OR THE INTERNET GENERALLY.  NO STATEMENTS MADE, OR ADVICE OR INFORMATION GIVEN, BY US, OUR REPRESENTATIVES, OR ANY MENTOR OR USER WILL CREATE A WARRANTY.

YOUR USE OF THE WEB SITE AND SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS.  WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE, OUR EMPLOYEES AND AGENTS, ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICE OR THE INTERNET, INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES.  OUR CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO USE OF THE SERVICE WILL NOT EXCEED THE TOTAL AMOUNT YOU HAVE PAID FOR THE SERVICE.

WE WILL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS OR PROCEEDINGS RESULTING FROM: OTHER USERS ACCESSING YOUR COMPUTER; SECURITY BREACHES; EAVESDROPPING; DENIAL OF SERVICE ATTACKS; INTERCEPTION OF TRAFFIC SENT OR RECEIVED USING THE SERVICE; YOUR RELIANCE ON OR USE OF THE SERVICE, OR THE MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, TRANSMISSIONS, OR ANY FAILURE OF PERFORMANCE OF THE SERVICE; THE USE OF THE SERVICE BY YOU OR A THIRD PARTY THAT INFRINGES THE COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY OR OTHER INDUSTRIAL OR INTELLECTUAL PROPERTY RIGHTS, PROPRIETARY RIGHTS OR CONTRACTUAL RIGHTS OF US OR ANY THIRD PARTY; THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL SERVICES, PRODUCTS, AND OTHER INFORMATION; OR THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR THE INTERNET.

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, THE FOREGOING LIMITATIONS APPLY TO THE ACTS AND OMISSIONS (INCLUDING NEGLIGENCE AND GROSS NEGLIGENCE) OF US AND OUR OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES THAT, BUT FOR THIS PROVISION, WOULD GIVE RISE TO A CAUSE OF ACTION AGAINST US IN CONTRACT, IN TORT, OR UNDER ANY OTHER LEGAL DOCTRINE.  YOUR EXCLUSIVE REMEDIES UNDER THIS AGREEMENT ARE AS EXPRESSLY SET OUT IN THIS AGREEMENT.  WE WOULD NOT BE ABLE TO PROVIDE THE SERVICE TO YOU WITHOUT SUCH LIMITATIONS.  ANY WARRANTY UNDER THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS.  YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY BY JURISDICTION.

8.  JURISDICTION; LIMITATION OF ACTIONS.

THIS AGREEMENT WILL BE GOVERNED BY THE LAWS OF THE STATE OF UTAH WITHOUT REGARD TO ITS CONFLICTS OF LAWS PROVISIONS, EXCEPT AS UTAH LAW MAY BE PREEMPTED BY THE LAWS OF THE UNITED STATES.  YOU CONSENT TO THE JURISDICTION OF THE COURTS OF THE STATE OF UTAH, OR THE COURTS OF THE UNITED STATES OF AMERICA LOCATED IN THE STATE OF UTAH, WITH VENUE IN SALT LAKE COUNTY, AS THE SOLE FORUM TO RESOLVE ANY DISPUTE ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THE SERVICE.  You agree that regardless of any statute of limitations or other law to the contrary, any claim or cause of action arising out of or related to THIS SERVICE AGREEMENT OR THE use of the Service must be filed within one (1) year after such claim or cause of action arIseS, or be forever barred.  TO THE FULLEST EXTENT PERMITTED BY LAW, YOU WAIVE YOUR RIGHT TO A JURY TRIAL IN ANY LITIGATION ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THE SERVICE.

9.  INDEMNIFICATION.

You agree to defend, indemnify, and hold us and our subsidiaries, employees, contractors, officers, directors, telecommunications providers, and content providers harmless from all liabilities, claims, and expenses, including attorney fees, arising out of any breach by you of this Agreement or your use of the Service or the Internet.  We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to your indemnification.  In that event, you will have no further obligation to provide a defense for us in that matter.  In no event will you compromise, settle, or resolve any claim against us without our prior written consent.

10.  Trademark and Copyright Legal Notices.

Our trademarks or registered trademarks are ours.  By placing them on this website, we do not grant any license or other authorization to use any of our trademarks, registered trademarks, copyrightable material, or other intellectual property.

11.  SEVERABILITY.

The provisions of this Agreement are severable.  The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of the remaining provisions and each provision will be enforced to the fullest extent allowed by applicable law.

12.  No Third-Party Beneficiaries.

This Agreement is made for the exclusive benefit of, and is binding upon, us and the Member, and their respective heirs, successors, and assigns.  No other person or entity will have any interest under this Agreement or be classified as a third-party beneficiary.

13.  ENTIRE AGREEMENT.

This Agreement (including the Privacy Policy) constitutes your entire agreement with us and governs your use of the Service.  It supersedes all previous or contemporaneous representations or agreements, written or oral, regarding your use of the Site or the Service.  You may be required to accept other agreements, which supplement this Agreement, in order to purchase or use certain features or products offered on this Site.  AS LONG AS YOU ACCESS, USE, OR SUBSCRIBE TO THE SERVICE ON THIS SITE YOU WILL AUTOMATICALLY BE BOUND BY THE PROVISIONS OF THIS AGREEMENT, WHICH SUPERSEDE ANY PREVIOUS END USER SERVICE AGREEMENT OR SIMILAR AGREEMENT WITH US.