Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE VERY CAREFULLY. By accessing or otherwise using this richandrowdy.com website ("Website"), you agree to be bound by these Website Usage Terms and Conditions (collectively, the "Terms") each time you access or use this Website.

These Terms govern your use of the richandrowdy.com website ("Website"). The Website is designed to provide an online information and ordering system to our users ("You" or "you") for products and services provided by Achievementor Group LLC, Rich and Rowdy LLC, and their affiliates ("Achievementor"). The use of this Website and the sale of products and services offered on this Website are governed by these Terms. Your use of this Website in any manner including, but not limited to, browsing, activating an account with Achievementor or making a purchase, constitutes your acknowledgement that you have read these Terms and that you agree to follow and be bound by them. Achievementor reserves the right to modify or otherwise change these Terms at any time without notice to you. Therefore, we recommend that you carefully review these Terms each time you access or use this Website. By accessing or using the Website, you agree to be legally bound by these Terms just as if you had signed these Terms. If you access or use the Website after Achievementor posts a change to these Terms, you agree to be bound by such change. If you do not intend to accept the change, you must immediately terminate access or use of the Website. This Website is available only for your personal, non-commercial use. You agree and continue to agree to use this Website in a manner consistent with the applicable laws and regulations and in accordance with these Terms.

1. Restrictions on Use of Website and Inappropriate Behavior

You will not engage in any conduct that, in Achievementorís discretion, restricts or inhibits any other person from using, accessing or enjoying the Website. You may not copy, modify, distribute, download, display, transfer, post, or transmit the Website or any of its content in any form except as expressly provided herein or, if no permissions are granted, unless you have obtained Achievementorís prior written consent. You will not access or use the Website for any unlawful purpose. You will not post or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, racially, ethnically or otherwise, or any material of any kind that Achievementor considers objectionable.

The following activities are also expressly prohibited and you will not engage in any such activities: using the Website for any non-personal or commercial use; using any "robot", "spider", other automatic device, or manual process to monitor or copy the Website or any of its content; "mirroring" or "framing" the Website or any content on any other server; collecting or using of products provided through this Website for the benefit of any supplier of competitive or comparable products; and any action that imposes an unreasonable or disproportionate burden on the Website or otherwise interferes with its function or value.

2. Ownership of Information and Intellectual Property Contained on Website

"Content" means any and all images, content, pricing, text, audio, instructional, customer IDs and other information, music, graphics, sounds, links and other components found on or in this Website. The Content is the property of Achievementor and is protected by copyright (whether published or unpublished), patent (whether or not reduced to practice), trademarks, trade secrets or other proprietary rights. These rights are valid and protected in all forms of media and technologies existing now or hereinafter developed. All Content is a collective work under the U.S. copyright laws and is protected by worldwide copyright laws and treaties. Except as expressly provided in the Terms, You will not, nor enable anyone else, to copy, reproduce, modify, publish, download, upload, frame, post, transmit, distribute, modify, alter or use any Content in any way without Achievementor's prior written consent. Except as may be expressly provided in these Terms, Achievementor does not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information or the right to use any Content. Rich and Rowdy and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of Achievementor. All other trademarks appearing on the site are the property of their respective owners. Improper copying, use or conduct may constitute an offense that is subject to civil and/or criminal penalties.

3. Permitted Use of Website Content

For certain E-books available on this Website, you may copy and redistribute those designated E-books, provided no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. You may view and print designated E-books included on the Website subject to the following conditions: (a) Content may be used solely for your own use; and (b) Content may not be modified or altered in anyway. You will not republish, distribute, prepare derivative works, or otherwise use the Content other than as explicitly permitted herein.

You will not frame or utilize "framing" techniques to enclose any trademark, logo, or other proprietary information (including, but not limited to, images, text, page layout, or form) of Achievementor or its suppliers without the express written consent of Achievementor. Trademarks, logos and information of Achievementor and its suppliers contained on the Website are, and shall remain their respective properties. You will not use any "meta tags" or any other "hidden text" utilizing Achievementor's name or trademarks without the express written consent of Achievementor. You may not use any Achievementor logo or other proprietary graphic or trademark as part of any link without Achievementor's express written consent. You do not and will not acquire any ownership rights to any content in the Website. Any unauthorized use terminates any permissions or licenses granted hereunder.

4. Information Accuracy and Updates

The information published on this Website may include technical inaccuracies or typographical errors. Achievementor may add, delete or change Content or any information contained in any products without notice to you. Achievementor and/or its respective suppliers may discontinue, make improvements to and/or changes in the product(s) described herein at any time. Achievementor has no duty to update this Website or any Content, and Achievementor shall not be liable for any failure to update any such information. Achievementor shall not be liable for any errors or omissions on this Website. Achievementor does not warrant the accuracy or completeness of any Content or products offered through this Website. Achievementor makes no representation that this Website or any Content is appropriate or available for use in other locations and access to it from territories where Content is illegal or is prohibited. Content is made available as a general information forum and is not intended to be formal training or a substitute for formal training.

Achievementor has no more editorial control over content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not of Achievementor. In many instances, the content available through the site represents the opinions and judgments of the respective information provider or user. Achievementor neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the site by anyone other than authorized Achievementor spokespersons acting in that capacity.

5. Use of Instructional Materials

Product information contained in this Website is general information and may not be applicable to your specific uses or circumstances. Information on this Website should not be relied upon in any specific application, and Achievementor disclaims any liability for any such reliance.

6. Communication of Unsolicited Ideas

Achievementor is not seeking any unsolicited ideas, suggestions or materials relating to the development, design, or marketing of its Content. However, you may submit messages, data, comments and provide other information (collectively, "Messages") so long as it is not obscene, illegal, threatening, or defamatory and so long as such submission and the content thereof does not invade the privacy, infringe the intellectual property of or otherwise violate the rights of or injure Achievementor or any third party, or contain a software virus, mass mailing, chain letter, or any form of "spam." You will not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the information. Any Messages submitted by you to Achievementor through this Website shall be and remain the sole and exclusive property of Achievementor and may be used by Achievementor for any purpose whatsoever, commercial or otherwise, without compensation. You represent and warrant to Achievementor, and accept responsibility for, the accuracy, appropriateness and legality of the Messages. Your submission of such Messages shall constitute your representation and warranty that neither the submission nor any content thereof is in breach of these Terms, and your assignment to Achievementor of all worldwide right, title and interest in and to all copyrights and other intellectual property rights in the Messages. Achievementor is entitled to use, copy modify, disclose, distribute and make derivative use of any of the Messages for any purpose without restriction, and without compensation to you.

Messages delivered by or from you to this Website (whether via posting, electronic mail, or otherwise, directly or indirectly) shall not be considered by you to be confidential. Achievementor shall not be responsible to keep such information confidential, and Achievementor shall not be liable for any use or disclosure thereof.

7. Access to Password Protected/Secure Areas

Access to and use of password protected and/or secure areas of the Website is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Website may be subject to prosecution. You are responsible for securing and keeping passwords confidential.

8. Terms and Conditions of Purchase

You agree to receiving electronic records and communications from Achievementor, which may be provided via a Web browser or e-mail application connected to the Internet. You are required to provide Internet connectivity at your own expense to access the Website.

a. "Customer" shall mean an individual who obtains goods or services offered on the Website. You, as a "customer" are bound by the Terms and Conditions of Purchase, which are incorporated herein and applicable to all products and services sold by Achievementor to you. In the event of any conflict between these Terms and the Terms and Conditions of Purchase, the Terms and Conditions of Purchase shall control.

b. You may issue a purchase order for administrative purposes only. Terms and conditions contained in any such purchase order are not binding on Achievementor, and will be null and void unless Achievementor otherwise agrees in writing. No course of prior dealings between Achievementor and you or any other party, and no usage of trade, will be relevant to determine the meaning of these Terms or the sale or any purchase order or invoice related to any products sold by Achievementor to you.

c. Taxes. Achievementor is not responsible for any sales, use, value added or other taxes, fees or charges arising out of transactions made through this Website or use of this Website.

9. Incorporation of Privacy Policy

Because Achievementor respects your right to privacy, Achievementor has developed a Website Privacy Policy to inform you about Achievementor's privacy practices. Achievementor is a licensee of the Verisign secure socket layer and is authorized to use the Verisign designation. Please review Achievementor's Website Privacy Policy, which is incorporated herein and is applicable to this Website.

10. Disclaimer of Warranties and Limitation of Liability

The Website and Content are provided on an "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND TO CUSTOMER OR ANY OTHER PERSON OR ENTITY. WITHOUT LIMITING THE FOREGOING, ACHIEVEMENTOR DOES NOT MAKE AND DISCLAIMS ALL: EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SYSTEM INTEGRATION, ACCURACY OF INFORMATIONAL CONTENT, NON-INFRINGEMENT, QUIET ENJOYMENT, AND TITLE. ACHIEVEMENTOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE, OR THAT ACHIEVEMENTORíS E-MAILS, SOFTWARE OR THE WEBSITE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT CUSTOMERíS COMPUTER SYSTEM WILL NOT BE DAMAGED BY REASON OF SUCH USE, OR THAT USE OF THE SOFTWARE OR WEBSITE IS OR WILL BE ERROR FREE OR UNINTERRUPTED. CUSTOMER AGREES THAT ITíS USE OF THE WEBSITE IS AT CUSTOMER'S SOLE RISK AND THAT ACHIEVEMENTOR WILL NOT BE LIABLE BY REASON OF SUCH USE. CUSTOMER AGREES THAT ANY EFFORTS BY ACHIEVEMENTOR TO MODIFY ITS SOFTWARE, WEBSITE, PRODUCTS OR SERVICES SHALL NOT BE DEEMED OR CONSTRUED AS A WAIVER OF ANY OF THE FOREGOING LIMITATIONS, OR ACKNOWLEDGEMENT OR EVIDENCE OF ANY DEFECT, NON-CONFORMITY, OR FAILURE OF PURPOSE. CUSTOMER FURTHER AGREES THAT ACHIEVEMENTOR SHALL NOT BE LIABLE TO CUSTOMER OR ANY OTHER PERSON OR ENTITY FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT OR INDIRECT, COMPENSATORY, INCIDENTAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES OR LOSSES OF ANY KIND WHICH MAY BE INCURRED OR SUSTAINED BY CUSTOMER, ITíS EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS, ARISING OUT OF OR RELATING TO THE SOFTWARE, THE WEBSITE, THIS AGREEMENT OR OTHERWISE, EVEN IF ACHIEVEMENTOR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WAS GROSSLY NEGLIGENT. Achievementor's liability in connection with this Website shall at all times be limited to the maximum extent permitted by law. Some jurisdictions do not permit the exclusion or limitation of liability for consequential, incidental or other damages. To the extent applicable law does not permit any specific exclusion or limitation to apply to you or these Terms, such exclusion or limitation shall be severed from these Terms.

11. Notices

Unless otherwise provided in these Terms, all notices, requests, confirmations, elections, waivers, determinations and other communications required or desired to be given in connection with these Terms shall be effective: (a) if given to you by e-mail addressed to your e-mail address on record at Achievementor, if any, or, (b) if given to Achievementor, then by e-mail addressed to webmaster@achievementorgroup.com, with a copy in writing delivered by any means to Achievementor Group LLC, 1106 West Madison, Chicago, IL 60607 Attention: Webmaster.

12. Indemnification

You agree to keep, save, protect, indemnify, and hold harmless Achievementor, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Website from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, incurred or sustained by Achievementor arising out of, relating to or resulting from any breach or default by you under these Terms or any other obligations owed by you to Achievementor (including negligent or wrongful conduct).

13. For Use in the United States

This Website is controlled and operated by Achievementor from its offices within the United States, currently located Chicago, Illinois. Achievementor does not represent that the Website is appropriate or available for use elsewhere; access to the Website from locations where any of its Content is illegal or not authorized. If you access this Website from outside the United States, you do so at your own risk.

14. Arbitration

Any claim arising out of or relating to these Terms shall be settled by binding arbitration administered by the American Arbitration Association (ďAAAĒ). For claims less than $250,000, the arbitration shall be heard by the AAA and determined by a single arbitrator with experience with information technology disputes and no award in excess of $250,000 shall be valid or binding. For disputes $250,000 or greater, the arbitration shall be heard and determined by a panel of three (3) arbitrators selected by the AAA, and each such arbitrator shall be an attorney having experience and familiarity with information technology disputes. The arbitration proceeding shall occur in Chicago, Illinois, each party shall bear its own costs relating to such arbitration, and the parties shall equally share the arbitratorsí fees, and the arbitration and all related proceedings and discovery shall take place pursuant to a protective order entered by the arbitrators that adequately protects the confidential nature of the partiesí proprietary and confidential information. Either party may, without waiving any remedy under the Terms, seek from any court of competent jurisdiction any interim or provisional relief that such party deems necessary to protect its Confidential Information and property rights pending the establishment of the arbitral tribunal (or pending the arbitral tribunal's determination of the merits of the claim).

15. Jurisdiction and Venue

These Terms shall be construed and governed by the laws of the State of Illinois, notwithstanding any conflicts of law principles. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Cook County, Illinois. You agree that regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to your access to or use of Achievementor's Website, Content or these Terms must be filed within one (1) year after such claim or cause of action arises.

16. Miscellaneous Terms

Achievementorís failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between Achievementor and you or any other party nor trade practice shall act to modify any provision of these Terms. If any provision of these Terms is held to be invalid, void or unenforceable by a court of competent jurisdiction, then such provision shall be deemed severed from these Terms and will not affect any other provision of these Terms, the balance of which shall remain in and have their intended full force and effect. The headings and titles of the sections of the Terms are not a part of these Terms, but are for convenience only and are not intended to define, limit or construe the contents of any such sections.

© 2006 Achievementor Group LLC. All rights reserved.
Last Updated: September 29, 2006
 

BBBOnLine Reliability Seal

Your email address will never be rented, traded or sold.
We guarantee your confidentiality.