Last Updated: April 11, 2016
1. SCOPE & APPLICATION
1.1 These 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”) by: (a) Us, the Seller, Florida Unemployment Cost Management Inc (references to “us”, “we” or “our” being construed accordingly) to (b) you, the purchaser (references to “you” or “your” being construed accordingly).
1.2 By placing an order on this site you agree to abide by these conditions.
2. OFFER, ACKNOWLEDGMENT AND ACCEPTANCE
2.1 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and descriptions made or referred to on this Site are subject to availability, do not constitute an offer and may be withdrawn or revised at any time prior to our express acceptance of your order (as described below).
2.2 While we make every effort to ensure that items appearing on the Site are available, we cannot guarantee that al 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.
2.3 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.
2.4 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.
2.5 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
3.1 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.
3.2 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.
3.3 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.
3.4 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.
4. PRICE AND TERMS OF PAYMENT (NOTE: WE CANNOT CONFIRM PRICES PRIOR TO ACCEPTANCE OF YOUR ORDER)
4.1 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.
4.2 Prices (unless stated otherwise) are in the currency quoted on the Site.
4.3 We have the right at any time prior to our Acceptance to withdraw any discount and/or to revise prices to take into account increases in costs including (without limitation) costs of any materials, carriage, labour or the increase or imposition of any tax, duty or other levy and any variation in exchange rates. We also reserve the right to notify you of any mistakes in Product descriptions or errors in pricing prior to product dispatch. In such event if you choose to continue with fulfilment of the order, you acknowledge that the Product or Service will be provided in accordance with such revised description or corrected price.
You agree to pay for shipping or carriage of Products as such costs are specified by us at the point of purchase.
4.5 Payment shall be made prior to delivery and by such methods as are indicated on the Site (and not by any other means unless we have given our prior agreement).
4.6 Except as expressly provided elsewhere in these Conditions or the Site, payment may be taken in full notwithstanding any claim for short delivery or defects. Please note that this also applies to possible payment transfer fees, such as bank fees.
4.7 We will charge credit or debit cards on dispatch of the Product or commencement of Services. We reserve the right to verify credit or debit card payments prior to Acceptance.
4.8 Where the payment is invoiced, each invoice shall be due on and made in full within thirty (30) days of the date of relevant invoice.
4.9 No counterclaim or set-off may be deducted from any payment due without our written consent. We may also take action against you for the price of Products at any time after payment has become due even though property in those Products may not yet have passed to you.
4.10 Any extension of credit allowed to you may be changed or withdrawn at any time. Interest shall be chargeable on overdue amounts accruing on a daily basis at the maximum amount permitted under applicable law from the due date for payment until our receipt of the full amount (whether before or after judgement). You shall indemnify us on demand against any out of pocket expenses incurred in relation to recovery of any overdue amounts.
4.11 In the event of a delay in payment, we have the right to transfer our claim against you to the publisher of the product you purchased, without separate notification. As a result, the publisher can enforce the claim against you in the publisher’s own name.
5. TERMINATION: If you fail to pay we may do the following
5.1.1 stop any Products in transit; and/or
5.1.2 suspend further Product deliveries; and/or
5.1.3 stop or suspend provision of Services; and/or
5.1.4 by written notice to terminate your order and all or any other contracts between us and you.
6. DELIVERY AND RISK
6.1 Delivery timescales/dates specified on the Site, in any order acknowledgement, acceptance or elsewhere are estimates only. While we endeavour to meet such timescales or dates, we do not undertake to dispatch Products and/or commence Services by a particular date or dates and shall not be liable to you in respect of delays or failure to do so.
7 REJECTION, DAMAGE OR LOSS IN TRANSIT
7.1 You are responsible for checking Products upon delivery and verifying that they are in satisfactory condition, in accordance with their description and complete. You may return purchased Products in accordance with these Conditions.
7.2 If you believe that you are entitled to cancel the contract, please let us know, stating your reasons for the cancellation. We will review your information with the publisher of the product.
7.3 Damage to or loss of products must be reported to us no later than five (5) business days after receipt of the product or awareness of the loss. Other product defects must be reported to us in writing no later than 30 days after receipt of the product.
7.4 We shall not be liable for any damage or losses arising from defective installation of the Products; from the use of the Products in connection with other defective, unsuitable or defectively installed equipment; your negligence; improper use or use in any manner inconsistent with the manufacturer’s specifications or instructions.
7.5 Where these is a shortage or failure to deliver, or any defect in or damage to a Product or Service, we may at our option:
a. (in the case of Product shortage or non-delivery) make good any such shortage or non-delivery and/or
b. in the case of failure to perform or defective performance of a Service, make good such failure or defective performance; and/or
c. in the case of damage or any defect(s) in the Product:
i. Replace or repair the Product upon you returning the Product; or;
ii. Refund the price paid in respect of any Products found to be damaged or defective.
8.1 Where any Product supplied is or includes software (“Software”), this Software is licensed by us or by the relevant licensor/owner subject to the relevant end-user license agreement or other licence terms included with Software (“License Terms”) and/or the Product. In addition:
8.1.1 Such Software may not be copied, adapted, translated, made available, distributed, varied, modified, disassembled, decompiled, reverse engineered or combined with any other software, save to the extent that (i) this is permitted in the License Terms, or (ii) applicable law expressly mandates such a right which cannot legally be excluded by contract.
8.1.2 Except to the extent expressly provided by us in writing or under relevant License Terms, Software is provided ‘as is’ without any warranties, terms or conditions as to quality, fitness for purpose, performance or correspondence with description and we do not offer any warranties or guarantees in relation to Software installation, configuration or error/defect correction. You are advised to refer to any License Terms with regards to determining your rights against a manufacturer, licensor or supplier of the Software.
9. LIABILITY LIMITATION
9.1 TO THE MAXIMUM EXTENT LEGALLY PERMITTED, OUR AGGREGATE LIABILITY (WHETHER FOR NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION (EXCEPT, IF FRAUDULENT) OR OTHERWISE) SHALL IN NO CIRCUMSTANCES EXCEED THE COST OF THE DEFECTIVE, DAMAGED OR UNDELIVERED PRODUCTS OR SERVICES (DETERMINED BY NET PRICE INVOICED/CHARGED TO YOU) IN RESPECT OF ANY SINGLE OCCURRENCE OR SERIES OF OCCURRENCES. EVEN IF ADVISED OF THE SAME, WE SHALL NOT BE LIABLE FOR:
9.1.1 SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES; OR
9.1.2 YOUR INABILITY TO MAKE ORDERS OR LOSS OF INCOME, REVENUE, PROFITS, CONTRACTS, DATA, GOODWILL OR SAVINGS.
9.2 SUBJECT TO ANY EXPRESS PROVISIONS TO THE CONTRARY SET OUT IN THESE CONDITIONS, ALL TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE) ARE HEREBY EXCLUDED. WE SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHETHER RESULTING FROM DEFECTIVE MATERIAL, FAULTY WORKMANSHIP, OR OTHERWISE HOWSOEVER ARISING AND WHETHER OR NOT CAUSED BY OUR (OR OUR EMPLOYEES’ OR AGENTS’ NEGLIGENCE) EXCEPT TO THE EXTENT THAT APPLICABLE LAW PROHIBITS EXCLUSIONS OR LIMITATIONS OF LIABILITY FOR INTENTIONAL TORTS OR GROSS NEGLIGENCE OR OTHER ‘WRONGS’.
DISCLAIMER: Our Life & Health insurance audio review program is not approved to meet the prelicensing education requirement in any state. It is designed only as a supplementary aid to help you pass the state insurance licensing exam.
Our Series 6 audio prep was designed only to help you pass the Series 6 licensing exam. We do not provide any investment advice in our audio prep lessons.