PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS WEBSITE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE. ANY CHANGES WILL BE INCORPORATED INTO THE TERMS AND CONDITIONS POSTED TO THIS WEBSITE FROM TIME TO TIME. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS THIS WEBSITE
A) The information available through the Service is the property of Dandrew or its licensors, and is protected by copyright and other intellectual property laws. Any printouts using or referencing content from the Service shall contain the following copyright notice: “Copyright © 2009-2017, The Commercial Investor, LLC ALL RIGHTS RESERVED” along with The Commercial Investor’s logo that appears above, and you may not delete or alter the copyright notice(s) included on any downloaded file. You are granted a nonexclusive, non-concurrent, nontransferable, limited license to access the Service. The Service is available ONLY for the number of designated users identified in your order and may not be shared with other non-designated persons or entities. The account owner and each designated user are responsible for the confidentiality and use of the user’s name and personal password and all activity and use under the user name and password. You agree not to reproduce, retransmit, photocopy, distribute, disseminate, sell, publish, broadcast, or circulate the information received through the Service to anyone else without the express prior written consent of Dandrew. You may use information from the Service within your company, but copying, distributing or otherwise making available Dandrew’ or its licensors’ copyright-protected content from the Service to third parties is forbidden. You are prohibited from: (i) using or permitting the use of the information to prepare an original database that is sold, rented, published, or furnished in any manner to a third party or (ii) using or permitting the use of the information to prepare a comparison to other databases that is sold, rented, published, or furnished in any manner to a third party; (iii) using or permitting the use of the information for the purpose of compiling, enhancing, verifying, supplementing, adding to, or deleting from any mailing list, business directory, or other compilation of information that is sold, rented, published or furnished in any manner to a third party.
B) (i) Accounts accessed with individual user name and password are granted a nonexclusive, non-concurrent, nontransferable, limited license to access the Service. The Service is available ONLY for the number of designated users identified in your order and may not be shared with other non-designated persons or entities. The account owner and each designated user are responsible for the confidentiality and use of the user’s name and personal password and all activity and use under the user name and password; (ii) Accounts accessed through IP authentication or referring URL are granted a non-exclusive, concurrent, non-transferable, limited license to access the Service. Access to the Service is limited to the number of simultaneous users specified in your order. In the event an account reaches the concurrency limit, Dandrew reserves the right to deny access to any and all users in excess of the number of simultaneous users specified on the order. Any account accessed with individual user name and password, whether concurrent or non-concurrent, is subject to the restrictions regarding sharing of user name and password previously set forth.
C) Dandrew reserves the right to monitor your use of the Service to ensure compliance with this Agreement and prevent fraudulent use. You acknowledge that such monitoring of use may include determining whether or not the Service is accessed under the account from multiple IP addresses, as well as noting excessive downloads or a disproportionate number of users. Systematic access or extraction of content from the Service, including, but not limited to, the use of “bots” or “spiders,” is prohibited. If such monitoring indicates you are not in compliance with this Agreement or if fraudulent activity is suspected, Dandrew reserves the right to take such action as it deems necessary, including, but not limited to, assessing additional charges for users or downloaded records in excess of the number authorized, or suspension or termination of the account.
D) You irreversibly grant to Dandrew, its related entities, and their respective employees, agents, and representatives, the full right to create and obtain, in the past, now and in the future, images, photographs, video, audio, interviews, stories, personal histories, and any other recordings or documents, in any now known or future media, of my name, image, voice, likeness, personal information or other items (collectively called “Recordings”). You also authorize Dandrew to copyright, adapt, edit, summarize, reproduce, perform, display, distribute, publish, license, sell, broadcast, post or stream over the Internet, and otherwise use any and all parts of the Recordings, forever and throughout the world, in any and all manners, and in any and all forms of media that Dandrew believes suitable. You agree that you shall have no right, title, or interest in or to the Recordings, and that all right, title, and interest in and to the recordings belong to Dandrew. You waive any and all right to payment or another compensation arising from or related to the Recordings. You will not state or imply, or allow others to state or imply, that Dandrew nor any of its principals, or partners approves of or endorses you or you activities. You further agree to release, defend, and hold Dandrew Partners harmless from any claims, damages, or liabilities related to the Recordings or Dandrew Partners’ use of your name, image, voice, likeness, personal information or other items.
A) Due to the number of sources from which information on the Service is obtained, and the inherent hazards of electronic distribution and the Internet, there may be delays, omissions, or inaccuracies in obtaining or accessing such information and the Service.
B) THE SERVICE IS PROVIDED ON AN “AS-IS”, “AS AVAILABLE” BASIS. DANDREW AND ITS AFFILIATES, AGENTS, AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE SERVICE, OR THE SERVICE ITSELF. NEITHER DANDREW, NOR ANY OF ITS AFFILIATES, AGENTS, OR LICENSORS SHALL BE LIABLE TO THE SUBSCRIBER OR ANYONE ELSE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR IN PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING, OR DELIVERING THE SERVICE AND ANY INFORMATION THROUGH THE SERVICE. IN NO EVENT WILL DANDREW, ITS AFFILIATES, AGENTS, OR LICENSORS BE LIABLE TO THE SUBSCRIBER OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY THE SUBSCRIBER IN RELIANCE ON SUCH INFORMATION, OR FOR DIRECT, CONSEQUENTIAL, SPECIAL OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SUBSCRIBER AGREES THAT THE LIABILITY OF DANDREW ITS AFFILIATES, AGENTS, AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE), IN ANY WAY CONNECTED WITH THE SERVICE OR THE INFORMATION IN THE SERVICE, SHALL NOT EXCEED THE AMOUNT THE SUBSCRIBER PAID TO DANDREW FOR USE OF THE SERVICE.
(a) General. Dandrew bills you through an online account (your “Billing Account”) for use of the Service. You agree to pay Dandrew all charges at the prices then in effect for any use of the Service using your Billing Account, and you authorize Dandrew to charge your chosen payment provider (your “Payment Method”) for the Service. You agree to make payment using that selected Payment Method. Dandrew reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. Dandrew reserves the right to cancel offers early or extend offers without notice.
(b) Subscription Term. The term of your subscription is based on the day that you become a member of the website until you explicitly notify Dandrew IN WRITING that you want to cancel.
(c) Recurring Billing. Subscription plans to the Service consist of an initial period, for which there is a one-time charge, followed by recurring monthly or yearly charges as agreed to by you, depending on the program you select. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. DANDREW MAY SUBMIT MONTHLY OR YEARLY CHARGES WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (CONFIRMED IN WRITING) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE DANDREW REASONABLY COULD ACT TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD.
(d) Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY DANDREW IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. IF YOU FAIL TO PROVIDE DANDREW ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT DANDREW MAY CONTINUE CHARGING YOU FOR ANY USE OF THE SERVICE UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR THE SERVICE (CONFIRMED BY YOU IN WRITING UPON REQUEST BY DANDREW).
(e) Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method (the “Payment Method Provider”). If Dandrew does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your Billing Account upon demand.
(f) Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and Dandrew shall provide, notice of the amount to be charged and the date of the charge at least 5 days before the scheduled date of the transaction. Any agreement you have with your Payment Method Provider will govern your use of your Payment Method. You agree that Dandrew may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
(g) Reaffirmation of Authorization. Your non-termination or continued use of the Service reaffirms that Dandrew is authorized to charge your Payment Method. Dandrew may submit those charges for payment and you will be responsible for such charges. This does not waive Dandrew’s right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the Service.
(h) Your Representations and Warranties to Dandrew. You agree that Dandrew is not a regionally or nationally accredited program and has not been accredited by the Council for Higher Education Accreditation or any other designated agency or accrediting body recognized by the United States Department of Education. YOU CAN BEAR THE ECONOMIC RISK FOR PAYING THE PROGRAM PURCHASE PRICE FOR THE PRODUCTS AND SERVICES YOU PURCHASE. PAYMENT OF THE PROGRAM PURCHASE PRICE DOES NOT CAUSE YOU ANY ECONOMIC OR FINANCIAL HARDSHIP, EVEN IF YOU EARN NO MONEY FROM AS A RESULT OF PARTICIPATING IN OR PURCHASING ANY PRODUCTS OR SERVICES. From the date of these Terms and Conditions, and for 99 years thereafter you shall not make any public disparaging statements concerning Dandrew’s officers, directors, owners, employees, attorneys, agents, contracting parties, business operations.
(i) Free Trials and Other Promotions. Any free trial or other promotion that provides subscriber-level access to the Service must be used within the specified time of the trial.
(j) Bonus Components of Programs. Any program that contains bonus components, such as a Proof of Funds, access to another program, review, consultation, etc. must be claimed within 90 days of purchasing the program. Subject to availability, the bonus may be claimed after 90 days but is subject to an administrative fee.
(k) Limited Time offers. If you purchase a program or ticket to event but do not utilize it, regardless of reason, Dandrew Partners, The Commercial Investor nor any of its affiliates are required to substitute another program or event in its place. It is the responsibility of the purchaser to use the program, ticket, etc that was originally issued.
(l) Events. All events require a seat deposit or upgrade to VIP options. General Admission seating is typically a refundable seat deposit that will be refunded approximately two weeks after the event, provided that you did, in fact, attend the event. If you did fail to attend the event, the seat deposit is forfeited without further obligation by the company. VIP upgrades are not refundable and include additional options/benefits as described at the time of purchase.
We may change the terms of this Agreement at any time. The current version of Terms and Conditions will be posted here.
These Terms and Conditions contain the final and entire agreement between you and Dandrew and supersedes other verbal or written negotiations, understandings or agreements. Your rights and obligations of this Agreement are not assignable. If any provision of this Agreement is invalid under applicable law, the remaining provisions will continue in full force and effect. This Agreement, all intellectual property issues, and your rights and obligations shall be governed by the laws of the United States of America and the State of Nevada, regardless of the laws that might otherwise govern under applicable principles of conflicts of laws thereof. In the event that any legal proceedings are commenced in any court with respect to any matter arising under this Agreement, the Parties hereto specifically consent and agree that the courts of the State of Nevada and/or the Federal Courts located in the State of Nevada shall have jurisdiction over each of the Parties hereto and over the subject matter of any such proceedings, and the venue of any such action may be in Clark County, Nevada and/or the U.S. District Court for the Southern District of Nevada.
The use of Services under this Agreement applies to your company as it exists today, and may be used only to support your U.S. business. Future acquisitions by your company of, or future acquisitions of your company by, other companies (“Acquired/Acquiring Companies”) shall not be included in this Agreement. Acquired/Acquiring Companies shall continue to receive services pursuant to the terms and conditions of their current agreement (“Existing Agreement”) and shall not be included as an Included Entity under this Agreement.
7. Cancellation, Return Policy, Refunds & Chargebacks or Bank Contestations.
(a) Subscription Cancellations
(i) By subscriber. There is a strict NO REFUND policy on subscriptions to online programs. Subscriptions are on a term-to-term basis (monthly, quarterly, yearly, etc). By subscribing, you consent to being charged for the term in which you sign up as well as subsequent terms of the same time period without further authorization, until you cancel your subscription in writing. To cancel your subscription, please go towww.DandrewRMA.com, complete the “Subscription Cancellation” form, print and fax it to the number indicated on the form. Cancellations must be received FIVE BUSINESS days prior to your next billing date. Any RMAs submitted after 5pm Eastern time as evidenced by the date and time stamp on the receiving facsimile will be considered “received” the following business day, and not during holidays or weekends. You will receive an email from the Billing Department (to the email address on file for your account) which requires a written response via email to verify the account. Failure to respond to the email will mean that your cancellation will not be processed. This is necessary to ensure that the subscriber is the person making the request. Any cancellations received less than five business days before the billing date will be made effective on the subsequent billing date.
(ii) By company. Default on a payment of any product is considered a total default and access will be suspended immediately. No refunds will be given on any product for which a subscriber defaults regardless of whether in part or in whole. Dandrew reserves the right to cancel subscriptions and suspend service if deemed necessary for the continued unimpeded course of business.
(b) Return Policy. Unless explicitly stated otherwise, all orders are final, no returns or refunds. Some programs are offered with a 30-day satisfaction guarantee. The satisfaction guarantee expires on the 30th calendar day after purchase, at 5p ET. Partial payment or using a payment plan for any program nullifies any refund guarantee. To exercise a guarantee, the program MUST be paid in full on the day of purchase. We cannot apply funds paid for one program to another to “downgrade” an order. The price paid for one product will not be applied to the purchase price of another program unless approved in writing PRIOR to making the initial purchase. Programs which include components that cannot be returned (intellectual property/resources/software etc that are transferred electronically) are not eligible for refund. Programs that include a Proof of Funds (POF) are not eligible for refund once the POF agreement has been executed. Programs that contain electronic devices (ex: iPad) are not eligible for refund. By placing your order, you agree for your credit card to be charged the indicated amount. If you do not wish to be charged, do not place the order or do not submit via written correspondence (including email) that you wish to be charged on your credit card. If you wish to return a program that was backed by a 30 day money back guarantee, please go towww.DandrewRMA.com, complete the “Return Merchandise Authorization” form, print and fax it to the number indicated on the form. Returns must be received no later than 5p Eastern time BEFORE the 30th day after purchase to be eligible for a refund. Any RMAs submitted after 5pm Eastern time on the 30th day as evidenced by the date and time stamp on the receiving facsimile will be declined.
(c) Refunds. Refunds typically take 1 full week after we issue it, to credit to your account depending on your credit card company. Dandrew assumes no responsibility for any refunds that take longer than one week to appear on your statement. NO REFUNDS WILL BE GIVEN FOR ANY MONIES PRIOR TO CANCELLATION. REFUNDS WILL ONLY BE ISSUED TO THE CREDIT CARD YOU USED AT THE TIME YOU PURCHASED YOUR PRODUCTS AND/OR SERVICES ONLY; NO CHECKS, WIRE TRANSFERS, OR CASH WILL BE EXCHANGED NOR WILL ANY OTHER CREDIT OR DEBIT CARDS BE CREDITED BACK FOR ANY REASON WHATSOEVER. DANDREW CAN NOT ISSUE REFUNDS ON CREDIT CARDS THAT YOU HAVE CANCELLED.
(d) Bank Dispute / Charge backs. If you wish to dispute a charge on your credit card, please contact us first so we may help you resolve the issue. IF YOU DO NOT CONTACT US FIRST AND/OR DIRECTLY DISPUTE THE CHARGE ON YOUR CREDIT CARD AND WE WIN THE DISPUTE, WE WILL CHARGE YOU $150 USD EACH TIME YOU DISPUTE THE CHARGE AND LOSE THE DISPUTE. PLEASE CONTACT US WITH ANY INQUIRIES.
2. Information Collection and Use
2.1 We may collect personally identifying information to give you access to the Services, to allow registration and for you to optimize your experience using the Services, and/or to respond to a request. For such use, you may be required to provide your e-mail address and other personally identifying information (such as your name, phone number or date of birth) as we may deem necessary. When you provide any personally identifying information, you acknowledge that you are knowingly and voluntarily providing us the information, and that all provided information is accurate and up-to-date.
2.2 We may use your IP address and other related information such as browser type, time zone settings, and operating system in order to grant you access to and otherwise administer the Services.
2.3 We collect certain usage information about our Services, such as the number and frequency of users and/or users’ Internet Protocol (IP) addresses, which are automatically logged and used by the Company to analyze user activity at an aggregate level, such as the number of visits and geographic optimization. This data is used only in the aggregate and does not include any personally identifying information.
2.5 If you provide the Company with information other than the requested personally identifying information, including suggestions about the Services, all such information shall be solely owned by the Company and may be used, reproduced, modified, distributed and disclosed by the Company in any manner in its sole discretion, without compensation to you.
3. Information Sharing
3.2 The Company may provide such information to third parties without your consent if the Company reasonably believes that access, use, preservation or disclosure of such information is necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request; (b) enforce applicable Terms and Conditions, including investigation of potential violations; (c) detect, prevent, or otherwise address fraud, security or technical issues; or (d) protect against imminent harm to the rights, property or our safety or the safety of our users or the public as required or permitted by law.
3.3 If you share or connect your information and content via social media websites, you should be aware of each website’s terms and privacy policies as the Company has no control over third party websites.
4. Submission of Others’ Personal Information
5. Data Security
5.1 We use a variety of security measures including encryption and authentication to protect the loss, misuse and alteration of your personal information under our control. Registered accounts are secured by your created username and password, and we take precautions to insure that account information is kept private. You are solely responsible for the security of your username and password.
5.3 Please note that we cannot guarantee the security of account information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of information.
5.4 E-mails are not necessarily secure when they are transmitted. If your communication is sensitive or includes highly confidential information, you may want to provide it by post.
6. Cookies and Web Beacons
6.1 Like many companies, we use “cookie” and/or “web beacon” technology. Cookies may give us such information as your log in details and when you have accessed the Services before. Web Beacons are tags that can monitor the behavior of a user accessing the Services.
6.2 Cookies are used during your connection with the Services to allow you free access to the Services and to use the Services without repeatedly requiring you to re-enter your user name and password. The cookies do not provide us with any way to contact you.
6.3 While all browsers are different, you may be able to configure your browser to accept or reject all or some cookies, or notify you when a cookie is set. However, you may have to enable cookies from us in order to use and access some of the Services.
6.4 Information recorded through web beacons is used to report anonymous individual and/or aggregate information about our users.
6.5 The Company has no control over cookies or web beacons used by third party websites accessed through the Services.
7. Your Access to and Control Over Information
7.1 You may opt out of any future contacts by contacting us via the email address or phone number given on the Services or set forth below.
7.2 You also can request to see what data we have about you, if any; change/correct any data we have about you; ask us to delete any data we have about you; or express any concern you have about our use of your data.
8. General Provisions
License To Use Services
AS PART OF THE OFFERED SERVICES YOU WILL HAVE ONLINE ACCESS TO ONLINEVIDEO CONTENT AND DOWNLOADABLE AUDIO CONTENT AND INFOGRAPHICS/MANUALS (INDIVIDUALLY AND COLLECTIVELY THE “MATERIALS”). YOU AGREE TO THIS LICENSE TO USE THE MATERIALS, ARE ACCEPTING THE MATERIALS “AS IS” AND ARE AGREEING TO BE BOUND BY THIS LICENSE. IF YOU DO NOT ACCEPT THESE LICENSE TERMS DO NOT ACCESS THE MATERIALS.
DANDREW grants a personal, limited, nonexclusive and nontransferable license that allows you to use the MATERIALS, all portions thereof, all documentation, and all updates only for the purposes set forth in these Terms and Conditions.
You shall not modify, alter, create derivative works, decompile, reverse engineer, disassemble, include in other MATERIALS, translate the MATERIALS, or use the MATERIALS for any commercial or non-commercial purposes.
You shall not copy, reproduce, transmit, rent, lease, resell, sublicense, assign, distribute or otherwise transfer the MATERIALS or this license.
This License provides you with limited rights to use the MATERIALS. Dandrew retains all ownership, right, title and interest in and to the MATERIALS, including but not limited to trade secrets, know-how, methodologies and processes, and reserves all rights not specifically granted in this License.
Dandrew’s logos, product names, manuals, documentation, and other support materials are either patented, copyrighted, trademarked, constitute valuable trade secrets or are otherwise proprietary to Dandrew. You shall not remove or obscure Dandrew’s copyright, trademark or other proprietary notices from the MATERIALS and each shall be clearly visible on all copies of any downloaded MATERIALS. Any printouts using or referencing content from the Services shall contain the following copyright notice: “Copyright © 2009-2017, The Commercial Investor, LLC ALL RIGHTS RESERVED” along with The Commercial Investor’s logo that appears above.
You agree that the MATERIALS, including the specific design and structure, constitute proprietary and confidential information, trade secrets and/or copyrighted material of Dandrew. You agree not to disclose, provide, or otherwise make available such proprietary and confidential information, trade secrets or copyrighted material in any form to any third party or use the proprietary and confidential information, trade secrets or copyrighted material for your own benefit or for the benefit of any third party.
NOTWITHSTANDING OTHER LIMITED WARRANTIES SET FORTH HEREIN, DANDREW ONLY WARRANTS THAT THE MATERIALS SUBSTANTIALLY CONFORM TO ITS PUBLISHED SPECIFICATIONS AND IN NO EVENT DOES DANDREW WARRANT THAT THE MATERIALS ARE ERROR FREE OR THAT YOU WILL BE ABLE TO USE THE MATERIALS WITHOUT PROBLEMS OR INTERRUPTIONS. YOUR EXCLUSIVE REMEDY AND THE ENTIRE LIABILITY OF DANDREW UNDER THIS LIMITED WARRANTY WILL BE, AT DANDREW’S SOLE AND EXCLUSIVE OPTION, TO REPAIR OR CORRECT THE MATERIALS IF REPORTED IMMEDIATELY UPON DISCOVERY OF ANY NONCONFORMITY. THIS WARRANTY DOES NOT APPLY IF THE MATERIALS HAVE BEEN ALTERED BY YOU OR HAVE NOT BEEN USED OR DOWNLOADED IN ACCORDANCE WITH INSTRUCTIONS SUPPLIED BY DANDREW.
THE MATERIALS ARE PROVIDED TO YOU ON AN “AS IS” BASIS, WITHOUT ANY EXPRESS OR IMPLIED WARRANTY, CONDITIONS OR REPRESENTATIONS (OTHER THAN SPECIFIED ABOVE) OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ALL SUCH WARRANTIES ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW.
DANDREW SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSS, INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, OR THE LIKE, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF DANDREW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL DANDREW’S LIABILITY TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE PRICE PAID BY YOU FOR THE SERVICES, IF ANY. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE ABOVE-STATED LIMITED WARRANTY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Dandrew shall have the right, in its sole discretion and with reasonable notice posted on the website and/or sent to your email address, to revise, update, or otherwise modify the MATERIALS. Your continued use of the MATERIALS or Services will constitute your acceptance of and agreement to such changes.
This License and your rights hereunder shall automatically terminate at the time of termination of your use of the Services, if you fail to comply with any provision of this License, if you use the MATERIALS for any illegal purpose, or if you make false claims about MATERIALS. Upon such termination, or termination according to the terms of this Agreement, you shall cease all use of the MATERIALS and you must delete the MATERIALS from your computer and destroy all copies of the MATERIALS in your possession or under your control.
If you purchase and are granted an Additional License, you are responsible for any usage and compliance to all of these Terms of Service by you and your designee.