In using this website you are deemed to have read and agreed to the following terms and conditions:
General
The laws of The United States govern these terms and conditions. By accessing this website and using AcademicFit services or buying AcademicFit products, you consent to these terms and conditions and to the exclusive jurisdiction of the United States courts in all disputes arising out of such access.
These terms and conditions form part of the agreement between the user and AcademicFit. By accessing this website, the user indicates understanding, agreement to, and acceptance of the Disclaimer Notice and the full Terms and Conditions contained herein. Statutory Consumer Rights are unaffected.
If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the company to enforce any of the provisions set out in these Terms and Conditions and any agreement, or failure to exercise any option to terminate, shall not be construed as a waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision.
These Terms and Conditions shall not be amended, modified, varied, or supplemented except in writing and signed by duly authorized representatives of AcademicFit.
Terminology
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice, and any or all Agreements:
- “Client”, “You” and “Your”, “User”, “Buyer” refers to you, the person accessing this website and accepting the Company’s terms and conditions.
- “The/This Company”, “The/This Site”, “Ourselves”, “We”, “Christine H Barthold” and “AcademicFit”, refers to AcademicFit.
- “Party”, “Parties”, or “Us”, refers to both the Client and AcademicFit, or either the Client or those involved at AcademicFit.
- “Information” is defined as anything you type into the AcademicFit database.
- Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
All terms refer to the offer, acceptance, and consideration of payment necessary to undertake the process of assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration or any other means, for the express purpose of meeting the Client’s needs in respect of the provision of the Company’s stated services/products, in accordance with and subject to, prevailing United States Law.
Previous Terms and Conditions
These terms and conditions have precedent over all other previous representations, understandings, or agreements.
AcademicFit has the right to change the Terms and Conditions at any time.
Privacy Statement
Information is collected from individual customers on a need-to-know basis. AcademicFit constantly reviews the systems and data to ensure the best possible service to customers.
The United States Government has created specific offenses for unauthorized actions against computer systems and data. AcademicFit will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.
Sharing of Information
Any information concerning the user and their respective records may be passed to third parties to fulfill an order. However, records are regarded as confidential and therefore will not be divulged to any third party, other than necessary suppliers and if legally required to do so, to the appropriate authorities.
Clients have the right to request sight of, and copies of any and all records that are kept, on the provision that this company is given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of services. Where appropriate, AcademicFit shall issue users with appropriate written information, handouts, or copies of records as part of an agreed contract, for the benefit of both parties.
AcademicFit will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by AcademicFit will only be in connection with the provision of agreed services and products.
Exclusions and Limitations
The information on this website is provided on an “as is” basis. To the fullest extent permitted by law, this site:
- Excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the site’s literature; and
- Excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this site of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
- This site does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
Payment
Cash, Electronic Checks, all major Credit/Debit Cards, are all acceptable methods of payment through PayPal. The Terms are that payment should occur before the product/service is delivered. All goods remain the property of the company until paid for in full.
AcademicFit reserves the right to seek recovery of any monies remaining unpaid sixty days from the date of invoice via collection agencies and/or through the Small Claims Court in the event that the outstanding balance does not exceed $500. In such circumstances, you shall be liable for any and all additional administrative and/or court costs.
Returned checks will incur a $30 charge to cover banking fees and administrative costs. In an instance of a second Returned check, AcademicFit reserve the right to terminate the arrangement and, if agreed to, shall insist on future cash transactions only. Consequently, all bookings and/or transactions and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full.
Cancellation Policy
A minimum of 24-hours’ notice of cancellation is required. Notification, for instance, in person, via email, phone, or any other means will be accepted subject to confirmation in writing.
AcademicFit reserves the right to levy a $30 charge to cover any third-party fees, such as bank fees. Shipping fees will be the responsibility of the buyer unless AcademicFit is shown to be a fault.
Termination of Agreements and Refunds Policy:
Both the User and AcademicFit have the right to terminate any agreement for any reason, including the ending of services that are already underway. No refunds shall be offered where a service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to AcademicFit which constitute payment in respect of the provision of unused Services, shall be refunded.
If a product is purchased, the user may request a refund if it has not shipped. In the case that delivery has been made, the consumer may return the package for a refund. The product must be resellable for the refund to be made. The buyer may be required to pay for shipping, depending on the reason for the return. For instance, if a mistake is found on the part of AcademicFit, this company will accept responsibility for the return. However, if the return is due to the consumer, he or she is responsible for the charges.
AcademicFit has the right to terminate service if any of these terms and conditions are violated.
Availability
Unless otherwise stated, the services featured on this website are only available within the United States, or in relation to postings from the United States.
All advertising is intended solely for the United States market.
You are solely responsible for evaluating the relevancy to your situation for a particular purpose of any downloads, programs, and text available through this site.
Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of AcademicFit.
AcademicFit does not warrant that the service from this site will be uninterrupted, timely, or error-free, although it is provided to the best ability. By using this service you thereby indemnify this company, its employees, agents, and affiliates against any loss or damage, in whatever manner, howsoever caused.
Log Files
AcademicFit uses WordPress to analyze user data. To find out more about their terms and service, please visit http://en.wordpress.com/tos/.
Your personal information is not shared with third parties and is used only within this company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different from that stated above without your explicit permission. However, aggregated information, such as group information, may be shared.
Links to this Website
You may create a link to any page of this website without prior written consent. However, if it is tied to any illegal activity, you will be asked to remove any links tied to this site. If you do create a link to a page of this website, you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
Links from this Website
AcademicFit does not monitor or review the content of other party’s websites that are linked to and from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by this site and should not be regarded as the publisher of such opinions or material. Please be aware that AcademicFit is not responsible for the policies or content of these sites. AcademicFit encourages users to be aware when they leave the site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them.
AcademicFit will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Copyright, Trademark, and Patent Notice
Copyright, Trademark, and Patents, and other relevant intellectual property rights exist on all text, images, software, processes, technology, products, etc. relating to AcademicFit and the full content of this website. These rules apply to the United States and other countries.
Communication
AcademicFit has several different means of contact. These can be found on the Contact link on the website or via Company literature or via the company’s stated telephone numbers.
Force Majeure
Neither party shall be liable to the other for any failure to perform any obligation under any agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, the act of civil or military authority, uprising, earthquake, flood or any other natural or manmade eventuality outside of AcademicFit control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen.
Any party affected by such event shall forthwith inform the other party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any agreement contained herein.
Opinion of Site
You may come across content that is not suitable or to your liking. You may report your opinions, but AcademicFit is not responsible for your reaction. You do also understand that AcademicFit may not make any modifications due to your complaints.
You agree to use this site at your own risk. You also agree that you will use your best judgment while using this site.
Accounts/Submitted Information
You must provide accurate and complete information. AcademicFit has the right to validate this information. If, after a service agreement is signed, and the agreement has falsified information, AcademicFit has the right to close your account, and even refuse you service, until further notice.
You are responsible for your account information. Therefore, if you change your information, you must update it. Your account will also remain for the duration of allowed days unless you cancel it.
Your account will remain active for 90 days after no activity has been detected for 30 days.
If you know of someone who has misused your account, let AcademicFit know immediately.
Security
Your information will be protected by all reasonable means possible by AcademicFit. This means that your digital information will be protected through passwords and spyware protection. Your paper information will be stored in a locked cabinet in a secure location.
As noted, AcademicFit will take actions to ensure that your information is protected, but AcademicFit is not responsible for the use of stolen credit cards on this site, or any third-party payment source. If a breach has occurred, AcademicFit may suspend your account to protect you.
Fraudulent Activity
You are not allowed to use any credit card that is not lawfully yours. AcademicFit may cancel your purchase if AcademicFit feel that credit or debit card fraud has been committed. AcademicFit may ask for additional information to verify that the card you use is, indeed, yours.
You are prohibited from accessing any portion of the site to obtain private information, such as usernames and passwords, credit card information, and computer information. Doing so will result in legal action.
Mail bombing, spamming, flooding, or crashing is prohibited. Doing so will result in legal action.
AcademicFit has the right to recover all costs of merchandise and legal fees from persons who use the site and services fraudulently. AcademicFit has the right to sue if such activity is discovered.
Purchases
All sales are not final.
AcademicFit has the right to refuse service. The user will receive an e-mail of the cancellation, as well as a refund of any time that has not been used.
Should the user make a mistake on an order, and it cannot be caught in time, AcademicFit will hold the user responsible for the expense.
Prices and availability are subject to change without notice.
Should a mistake occur, with AcademicFit being at fault, this company will correct the problem on its own time.
AcademicFit can do international shipping if the client is willing to pay for the expenses. This may change if too many complications occur. AcademicFit offers delivery insurance at the expense of the client. This may change if the need arises.
Submissions, Feedback, and Comments
If the user submits feedback to AcademicFit, the user is submitting the comments for no payment.
All feedback shall be AcademicFit’s property. Therefore, this site shall have the right to modify the comments if they are not appropriate for viewership. This site reserves the right to monitor and edit or delete comments. You allow AcademicFit the right to use your name as a credential for the comment. This site has all rights to redistribute any comments made on any public-platform site that bears AcademicFit name.
Should the comments be disclosed, AcademicFit is under no obligation for any damage. You accept liability for any comment made through the site.
AcademicFit is under no obligation to respond to comments. However, AcademicFit will make every effort to do so.
The user agrees that the comments will not break any laws within the United States. Comments may not fall under the “spam” category, which means that the user is using the site to promote his or her own product without the consent of the owner.
Should the site close down, or move to a different site, AcademicFit has the right to retain the rights to the comments and submissions.
When you send or receive an e-mail, you agree that each transaction is a legal document.
Website
The contents of this site are to only be used as an informative experience. Any other use, such as redistribution of the software, is prohibited.
In using this site, you agree to not hold the owners, shareholders, and employees of AcademicFit accountable for any fees, e.g., legal, or personal, caused by, in any form, claims based upon your involvement, which may result in any loss or liability to or from this company.
AcademicFit does not ensure that all content, images, and programs are accurate and current. Therefore, AcademicFit does not accept legal liability for lack of relevance to the current time.
Although AcademicFit strives to offer correct pricing, mistakes do occur. If one does, please contact the company to let them know. If AcademicFit discovers the problem, they have the right to call you and explain the order. If you refuse the change, AcademicFit has the right to cancel the order. If the credit or debit card has been charged, and the dispute has not been settled, the amount will be refunded.
In certain instances, the site may need to close for maintenance or other reasons. Results of such occurrences are not the legal responsibility of AcademicFit.
Waiver
Failure of either party to insist upon strict performance of any provision of this or any agreement or the failure of either party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any agreement.
No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both parties.
Notification of Changes
The Company reserves the right to change these conditions from time to time as it sees fit and the user’s continued use of the site will signify acceptance of any adjustment to these terms. If there are any changes to this site’s privacy policy, AcademicFit will announce that these changes have been made on the homepage and on other key pages on the site.
If any changes in how AcademicFit uses this site customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to this site’s privacy policy will be posted on the website 30 days prior to these changes taking place. Users are, therefore, advised to re-read this statement on a regular basis.
Termination of Agreement
This User Agreement is effective unless and until terminated by either the user or AcademicFit. The user terminates this User Agreement by not visiting this site, or after the last contact with AcademicFit. However, any time period when the user visits the site is considered an agreement of terms, even after discontinued use.
Termination of the site shall not release the user from the obligation of finishing payment.
© AcademicFit 2016 All Rights Reserved
*Adapted from http://www.entrepreneur.com/sample Terms and Conditions.
