SALE AGREEMENT AND PURCHASE OF GOODS
Terry Shanahan d/b/a The Shanahan Plan (“Seller”) hereby agrees to sell, and You (“Buyer”) hereby agree to purchase, goods of the description and quantity described on the checkout window (“Checkout”) and incorporated herein by this reference (“Goods”) on the terms and conditions set forth in this Agreement.
Buyer agrees to pay the Purchase Price of the Goods as posted on this website attached hereto.
The total amount of the Purchase Price shall be payable in full by Buyer according to the payment due date stated at Checkout. Any portion of the Purchase Price unpaid past thirty (30) days shall be considered overdue. All amounts past due are subject to a late charge of the lesser of one and one-half percent (1 1/2%) per month (being eighteen percent (18%) per annum) or the highest lawful rate. In addition, Seller shall have the right to pursue any remedies available at law or as provided herein and shall be entitled to reimbursement from Buyer for Seller’s costs of collection, including attorney fees, legal fees and costs and disbursements.
The “Goods” to be delivered upon purchase of The Paleo Transition online coaching course are completely electronic and are a combination of video files, audio files, downloadable text documents, and access to The Paleo Transition Facebook Group. All Goods shall be delivered upon payment through granted access to an online password protected website.
Unless otherwise agreed in writing, delivery shall be made in accordance with Seller’s delivery policy to the email provided by Buyer in effect on the date of shipment. Delivery dates provided by Seller are estimates only. Seller will make reasonable efforts to deliver in accordance with such dates; however, Seller will not be liable for failure to deliver as estimated. Unless otherwise agreed in writing by Seller, Goods shall be packaged according to Seller’s standards and practices.
Seller supplies as its sole warranty the following:
If you are not happy with The Paleo Transition online course and you truly feel that this information was not benefical, at any time within 30 days of purchase, you can return The Paleo Transition online coaching course with no hassles.
IMPORTANT: In order to receive your full refund, you must make a written request by email to firstname.lastname@example.org within 30 days. You must include a written explanation of why you are not happy with the product, include the email address for your PayPal account and attach your Paleo Transition Workbook completed in full. You will get out of this course exactly what you put into it and you must show us that you actually tried and completed the 21 day Transition and filled out your workbook.
Upon completion of the above within your 30 day window, you will be issued a complete refund to your PayPal account within 14 business days of when we receive your request for refund. As soon as your refund request is processed you will no longer have access to The Paleo Transition online course.
The warranty shall last for 30 Days from the date of purchase. All pre-sale copies will have a warranty start date of September 15, 2013 for which is the scheduled delivery date.
The warranties provided for herein shall be governed by Seller’s warranty policies in effect on the date of delivery.
At the Seller’s sole discretion, without any notice or warning, the Buyer may be terminated from access to The Paleo Transition online course and/or The Paleo Transition Facebook Group. This community is made up of positive like minded people looking to better one another. Any negative, rude, unprofessional, or abusive behavior will not be tolerated.
No unauthorized promotion of any product, goods, or services is allowed by any participants in The Paleo Transition Facebook Group without prior written consent. Such promotion, without permission, will be grounds for Termination.
DISCLAIMER OF WARRANTY/LIMITATION OF LIABILITY
Seller undertakes no responsibility for the quality of the Goods or that the Goods will be fit for any particular purpose for which Buyer may be buying the Goods, except as otherwise provided in this Agreement, and Seller disclaims all other warranties and conditions, express or implied.
SELLER (INCLUDING ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUBCONTRACTORS, ALL OF WHICH ARE REFERRED TO HEREIN COLLECTIVELY AS THE “SELLER AFFILIATES”) SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCE TO BUYER OR ANY OTHER PARTY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE GOODS OR OTHERWISE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF THE GOODS OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE OR REPLACEMENT EQUIPMENT, FACILITIES OR SERVICES, DOWN TIME, BUYER’S TIME, LOST DATA, INJURY TO PROPERTY OR ANY DAMAGES OR SUMS PAID BY BUYER TO THIRD PARTIES, EVEN IF SELLER OR ANY OF THE SELLER AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER ANY CLAIM IS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE.
IN NO EVENT SHALL SELLER OR ANY SELLER AFFILIATE BE LIABLE TO BUYER OR ANY OTHER PARTY FOR LOSS, DAMAGE, OR INJURY OF ANY KIND OR NATURE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS IN EXCESS OF THE NET PURCHASE PRICE OF THE GOODS ACTUALLY DELIVERED TO AND PAID FOR BY BUYER HEREUNDER.
SELLER DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT WITH RESPECT TO THE GOODS AND NONE OF SELLER OR ANY SELLER AFFILIATE SHALL HAVE ANY DUTY TO DEFEND, INDEMNIFY, OR HOLD HARMLESS BUYER FROM AND AGAINST ANY OR ALL DAMAGES OR COSTS INCURRED BY BUYER ARISING FROM THE INFRINGEMENT OF PATENTS OR TRADEMARKS OR VIOLATION OF COPYRIGHTS BY ANY OF THE GOODS.
Upon purchasing The Paleo Transition online coaching course, you understand and agree to the following:
Neither Terry Shanahan nor any presenters in this course are medical professionals and no part of this presentation should be taken as medical advice or professional nutrition advice with respect to medical or healthcare. Additionally, none of this information is intended to treat, cure, or prevent any disease, ailment, symptom, or medical condition.
You alone are responsible for your actions and results with this course and the information provided herein. Any forward-looking statements outlined in The Paleo Transition online course or on any sites or links affiliated are simply our opinion and should be taken as informational and thus are not guarantees or promises for actual performance. It should be clear to you that by law we make no guarantees that you will achieve any results from our ideas or models presented in The Paleo Transition or on any affiliated sites, and we offer no professional medical, psychological or professional nutrition advice.
The information contained in or made available through The Paleo Transition (including but not limited to information contained on videos, video presentation modules, comments, in The Paleo Transition private Facebook Group, in emails, in text files, or any other content) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to medical, psychological, or nutrition matters. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. We, our licensors or suppliers, and all affiliates make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through The Paleo Transition or any other links, sites, or affiliates.
You must consult with your Physician before changing your diet, taking nutritional supplements, making lifestyle changes, or working out. Further, Terry Shanahan, The Shanahan Plan, The Paleo Transition, all partners, all employees, and all affiliates will not be liable or responsible for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to injury, illness or death. You alone are responsible and accountable for your decisions, actions and results in life, and by your use of The Paleo Transition and any links or websites provided herein, you agree not to attempt to hold us liable for any such decisions, actions or results, at any time, under any circumstance.
The information in this presentation is intellectual property of Terry Shanahan and The Shanahan Plan. There is attribution, reference, and citation made to other professionals, organizations, websites, blogs, books, and similar professional publications. Distribution, sharing, or posting online of any of this information is prohibited without prior written consent.
© 2013 The Shanahan Plan
Seller shall not be held responsible for any failure of performance to make timely delivery of all or any part of the Goods in the event such failure was due, in whole or in part, to federal, provincial or municipal action, statute, ordinance or regulation, strike or other labor trouble, fire or other damage to or destruction of, in whole or in part, the Goods or the manufacturing facility for the Goods, the lack of or inability to obtain raw materials, labor, fuel, electrical power, water or supplies, or any other cause, act of God, contingency or circumstances not subject to the reasonable control of Seller, which causes delays or hinders the manufacture or delivery of Goods. Seller shall determine in good faith the extent to which it can reasonably control a cause, contingency, or circumstance that affects the performance of its obligations.
Buyer may not assign this Agreement without Seller’s written consent. Seller is the sole intended beneficiary of this Agreement. If there is any inconsistency between this Agreement and any other agreement included with or relating to the Goods, this Agreement shall govern. This Agreement may not be modified, altered or amended without the written agreement of Seller. Any additional or altered terms attached to any order submitted by Buyer shall be null and void, unless expressly agreed to in writing by Seller. If any term of this Agreement is illegal or unenforceable, the legality and enforceability of the remaining provisions shall not be affected or impaired. This Agreement shall be interpreted under the laws of the State of Virginia, without giving effect to conflicts-of-law rules; and in the event of a dispute under this Agreement; Buyer submits to the exclusive jurisdiction and venue of the courts of the Commonwealth of Virginia and hereby waives any objection to such jurisdiction and venue.