All American Sports Development
Terms and Conditions of Purchase
Effective May 5, 2008
Thank you for your decision to purchase one of our products or services. Before you continue with your purchase, please read these Terms and Conditions carefully because they contain important information that apply to you and your purchase, and will become a binding agreement between you and AA Sports Development once you complete your order. If you do not agree to all of these Terms and Conditions, do not submit your order!
Your Order and Agreement. You have completed an online order and verification screen (Order Form) at the AA Sports Development and through secure payment processor paypal for an AA Sports Development publication (AA Sports Development Publication) or an product ( AA Sports Development Products). In order to complete your purchase, you must (1) read these Terms and Conditions, and (2) submit your order at the bottom of the Order Form. Once you do so, these Terms and Conditions are a binding agreement between you and AA Sports Development Company, doing business as All American Sports Development" (AA Sports Development).
Purchase and Payment. Under this Agreement, AA Sports Development agrees to provide to you, and you agree to purchase from AA Sports Development, the AA Sports Development Product or Service described in your Order Form. You also agree to pay the purchase price shown on the AA Sports Development website for the AA Sports Development Product or Service that you have ordered. If you have purchased an AA Sports Development Service for which there is an ongoing subscription or other fee, you agree to pay that fee for so long as you continue to use the AA Sports Development site . You may cancel the AA Sports Service at any time by sending an email to AA Sports Development at aasports@sbcglobal.net, after which you will not be charged any further fees for ongoing use of the AA Sports Development Service. Your obligation to purchase and pay for also applies to any AA Sports Development Products and Services that are offered to you as a trial offer unless and until you cancel your use of those AA Sports Development Services.
AA Sports Development Publications and any newsletters and other materials that you may receive from AA Sports as part of an AA Sports Service (collectively, AA Sports Development Materials) are the exclusive property of AA Sports Development and are protected by copyright and other applicable laws. The AA Sports Development Materials are for your own personal use, and you cannot copy any portion of the AA Sports Development Materials without the written permission of AA Sports Development or distribute additional copies of AA Sports Development Materials to others.
Forums. In some instances, your purchase of AA Sports Development Services may include access to live question and answer conference calls, online discussion forums and similar interactive communications (collectively, Forums). If you participate in Forums, you must comply with AA Sports Development's Acceptable Use Policy (available at http://www.wheelerdealersoft-toss.com/aup.html and any other rules set out by AA Sports Development for participants in Forums. If you fail to comply with AA Sports Development's Acceptable Use Policy and other rules, AA Sports Development may suspend or terminate your access to the Forums.
Discounts. AA Sports Development may offer you various discounts, savings and other benefits on other products or services of AA Sports Development or its affiliates in connection with your purchase of AA Sports Development Products or Services. AA Sports Development does not guarantee the availability of particular discounts, savings or other benefits on specific products or services, and any discounts, savings or benefits are subject to change, time limits and conditions as may be determined by AA Sports Development in its discretion from time to time.
Success in your Training. Wheeler Dealer Soft Toss, AA Sports Development Services and Materials (collectively, AA Sports Development Products) are provided for informational purposes only, and what you derive from your use of AA Sports Development Products depends upon your commitment to and effort in applying the information to your training. AA Sports Development does not represent, warrant or guarantee that you will achieve any particular results in your training as a result of your purchase and use of AA Sports Development Products. You acknowledge that the success of your training depends on the quality of your training , your skills and effort in connection with your business and external factors such as the general economy.
Guarantee. AA Sports Development Products may offer a time-limited, money-back guarantee on some AA Sports Development Products Products and Services. If there is a guarantee applicable to the AA Sports Development Products or Service that you have purchased, that guarantees is as set out on the applicable product page of the AA Sports Development Products website at the time you purchased the AA Sports Development Products Product and Service (the Guarantee). If during the time-limited period of AA Sports Development your Guarantee period you are not satisfied with the AA Sports Development Products or Material you purchased, will refund the purchase price to you. This is your sole and exclusive remedy against AA Sports Development and AA Sports sole and exclusive liability and obligation to you in connection with your purchase of any AA Sports Development Products or Service or anything arising out of or relating to that purchase or this Agreement.
Exclusion/Limitation Of Liability. Notwithstanding any other provision of this Agreement, and to the maximum extent permitted by applicable law: (a) AA Sports Development Product's liability (if any) under this Agreement or otherwise is limited to the purchase price paid by you for the AA Sports Development Products, and in no event will AA Sports Development be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage, arising from, connected with, or relating to this Agreement, the subject matter of this Agreement, any AA Sports Development Products or otherwise, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including fundamental breach or gross negligence) by AA Sports Development or any person for whom AA Sports Development is responsible, and even if AA Sports Development has been advised of the possibility of such potential loss or damage being incurred; and (b) in no event will AA Sports Development total aggregate liability to You or any other person under this Agreement or otherwise, under any contract, negligence, strict liability or other legal or equitable theory, regardless of any negligence or other fault or wrongdoing (including fundamental breach or gross negligence) by AA Sports Development or any person for whom AA Sports Development is responsible, and even if AA Sports Development has been advised of the possibility of such potential loss or damage being incurred, exceed the purchase price paid by You to AA Sports Development for the Materials. In this paragraph, AA Sports Development includes AA Sports Development and its past, present and future directors, officers, employees, agents, representatives, sub contractors, service providers, successors, permitted assigns, and related persons.
Governing Law and Disputes. This Agreement and all related matters will be governed by and interpreted in accordance with the laws of the State of Ohio and the federal laws of the United States applicable therein without regard to conflict of laws rules. All disputes relating to this Agreement shall be resolved before the Courts of the State of Ohio sitting in Columbus, and you hereby irrevocably submit to the jurisdiction of the courts of the State of Ohio and waive any objection that you may now or hereafter have based on inconvenient forum for such proceedings. The United Nations Convention on the International Sale of Goods will not apply to this Agreement.
Other Rights. The exclusion or limitation of certain liabilities is prohibited by law in some jurisdictions. Such limitations may apply to you.
Miscellaneous. You represent that you are of legal age to enter into binding contracts under the laws of the jurisdiction where you reside. If any provision of this Agreement is held to be invalid or unenforceable for any reason, then the provision will be deemed to be severed from this Agreement and the remaining provisions will continue in full force and effect without being impaired or invalidated in any way, unless as a result of any such severance this Agreement would fail in its essential purpose. This Agreement will ensure to the benefit of and be binding upon the parties and their respective heirs, executors, administrators, personal representatives, successors and assigns. This Agreement sets forth the entire agreement and understanding of you and All American Sports Development with respect to the subject matter of this Agreement and supersedes any and all previous communications, representations, negotiations, discussions, agreements or understanding, whether oral or written, between you and AA Sports Development with respect to the subject matter of this Agreement. All amounts are stated in U.S. dollars. Purchase prices are exclusive of shipping and handling charges and any applicable taxes, customs or duties.
