TERMS OF SALE

© 2008 Success and Wealth Building Enterprises, LLC. All rights reserved.

This agreement (“Agreement”) contains the terms and conditions that apply to your purchase of products (“Products”) from Success and Wealth Building Enterprises, LLC (“SWB”).   Please read this Agreement carefully.  It contains very important information about your rights and obligations, as well as limitations and exclusions that may apply to you. 

By clicking "I Agree," you acknowledge that you have read, accepted and agreed to be bound by these terms and conditions, and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. By accepting these Terms of Sale, you represent and warrant that you are not subject to any sanctions or embargoes imposed by the United States Government.

These terms and conditions apply unless (i) you have signed a separate purchase agreement with SWB, in which case the separate agreement shall govern; or (ii) other SWB standard terms apply to the transactions.  These terms and conditions are subject to modification without prior written notice at any time, in SWB’s sole discretion.  By using the SWB Web site, you are also subject to SWB's Terms of Access and Use <hyperlink>.

1. Price and Payment Terms. Your total price for the Products will be stated on the purchase receipt provided with your order and you shall also receive a confirmation of your order by e-mail to the address you indicate during the registration process.  Terms of payment are within SWB’s sole discretion, and unless otherwise agreed to by SWB, payment must be received by SWB prior to SWB’s acceptance of an order.  Payment for the Products must be made by credit card (Visa, MasterCard or American Express) debit card (issued by Visa or MasterCard), money order, certified check or some other prearranged payment method.  Orders are not binding upon SWB until accepted by SWB.  Any price quotations given by SWB will be valid for the period stated on the quotation, with the exception that SWB reserves the right to reject any sale for any reason, including for a misprint in the price quotation or advertisement.  Prices advertised do not include shipping and handling or applicable sales taxes, which will be added to the price you pay, unless you provide SWB with a valid and correct tax exemption certificate applicable to the Product ship-to location prior to SWB’s acceptance of the order.

2. Shipping and Insurance.  SWB will arrange shipping of the Products to your address using a carrier of SWB's choice, in SWB's sole and absolute discretion.   We do not provide insurance on the Products during delivery.  The costs of shipping and handling will be shown on your purchase receipt. On orders for shipment outside the contiguous United States, you will be responsible for all required import duties, licenses and fees, and additional shipping and handling charges will apply. SWB will inform you of estimated shipment dates, but will not be responsible for delays in delivery due to events beyond its control, including shortage of materials, labor strikes, transportation failure, or acts of Force Majeure.

3. Inspection of Products Upon Receipt.  You must examine the Products when you receive them.  If any  item is damaged or missing, you must notify SWB at once.  SWB will not consider any claim for damaged  or missing items more than thirty (30) days from the date of delivery.

4. Products.  SWB’s policy is one of an ongoing Product update and revision.  SWB may revise and  discontinue Products at any time.  SWB will ship you Products that have the functionality and  performance of the Products you ordered, but changes between what is shipped and what is  described in a specification sheet or online catalog are possible.

5. User Name and Password.  After registering on the Site, SWB will send you a user name and password  to the email address designated by you during the registration process.  Your user name and password will allow you to participate in the purchase of Products to the extent allowed by each respective permission.   You are solely responsible for your user name and password and the attendant transaction(s) related to the  use of your logon and password.  You may request revocation of your user name and password by sending  us notification by email to cancelpassword@SWB.com.  Logons and passwords will be cancelled by 5:00  p.m. MST on the next business day following receipt of such notice.  You are solely responsible for  your user names and passwords.

6. Product Suitability.  Many states and localities have codes and regulations governing sales, construction, installation, and/or use of Products for certain purposes, which may vary from those in neighboring areas.  While SWB attempts to assure that its Products comply with such codes, it cannot guarantee compliance, and cannot be responsible for how the Product is installed or used.  Before purchase and use of any Product, please review the Product application, and national and local codes and regulations, to be sure that the Product, installation, and use will comply with them.

7. Limited Warranty and Disclaimers.  SWB warrants to the original purchaser of the Product that the Product will be free from defects in materials and/or workmanship from the date of invoice for a period of ninety (90) days, unless otherwise specified.  During this warranty period, SWB will, at its option, repair or replace defective Products.  Damage due to shipping the Products to you is covered under this warranty.  This warranty does not cover damage due to external causes, including, but not limited to, accident, abuse, misuse, problems associated with electrical power, problems caused by failure to provide a suitable environment or proper installation for the Product, servicing not authorized by SWB, use not in accordance with Product instructions, or failure to perform required preventative maintenance.  This warranty is void if the Product is taken apart or otherwise disassembled in any manner.  SWB will repair or replace Products returned to its facility in accordance with Return Policy outlined below.  SWB owns all parts removed from repaired Products.  If SWB repairs or replaces a Product, its warranty term is not extended.  You must call SWB during the warranty period in order to be eligible to receive warranty service under this SWB Warranty.

THE ABOVE LIMITED WARRANTY IS THE ONLY WARRANTY APPLICABLE TO THE PRODUCTS, AND THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.  SWB HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.  NO ORAL OR WRITTEN INFORMATION, PHOTOGRAPHS, ADVERTISEMENTS OR ADVICE GIVEN BY SWB, ITS AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS LIMITED WARRANTY.  COMPATIBILITY OF PRODUCTS IS NEVER GUARANTEED, AND THERE IS NO WARRANTY THAT SEPARATE COMPONENTS WILL FUNCTION AS A SYSTEM. THE ABOVE WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION. 

8. LIMITATION OF LIABILITY.  SWB’S RESPONSIBILITY FOR MALFUNCTIONS AND DEFECTS IN PRODUCTS IS LIMITED TO REPAIR AND REPLACEMENT AS SET FORTH IN THE ABOVE WARRANTY STATEMENT.  ALL EXPRESS AND IMPLIED WARRANTIES FOR THE PRODUCT, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO THE WARRANTY PERIOD SET FORTH ABOVE AND NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, WILL APPLY AFTER SUCH PERIOD.  SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

SWB DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN.  SWB WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS, LOST DATA OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.  THIS LIMITATION OF LIABILITY APPLIES TO PRODUCTS.  YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS, SWB IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY YOU FOR THE PURCHASE OF PRODUCTS UNDER THIS AGREEMENT.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

9. Return Policies.  If you bought Products directly from SWB, you may return them to SWB up to thirty (30) days from the date of delivery unopened and in their original packaging for a complete refund of the purchase price based on your original method of payment.  No Products may be returned for any reason other than as provided under the applicable warranty, if any, relating to the Products after thirty (30) days from the date of delivery.  There are exceptions to our Return Policy for orders shipped outside the continental United States. Please call SWB Customer Service at 1-866-XXX-XXXX for instructions.

To return Products, you must call SWB Customer Service at 1-866-XXX-XXXX to receive a Return Merchandise Authorization number (“RMA”).  After receiving an RMA, you must ship the Products to SWB in their original packaging and condition, unused and uncut, prepay shipping charges and accept the risk of loss or damage during shipment.  SWB will not ship a replacement or exchange until we have received the returned Product.

In the unlikely event that you receive a Product that does not function within thirty (30) days of delivery, SWB will pay for return shipping provided that you obtain an RMA and arrange for shipment through SWB Customer Service at 1-866-XXX-XXXX.  SWB will not ship a replacement for a Product that does not function until we have received the non-functional Product.

The returned package must contain a copy of an original sales “receipt” or invoice containing the price of the returned Product(s).  Returned Products must be in “as-new” condition, and all of the manuals and other items included with a Product must be returned with it.  Any returned Product shipped C.O.D., without a RMA visible on the exterior of the package, or in any other way shipped without complying with every requirement under this section may be returned by SWB.  SWB will not accept returns or exchanges of Products with removed or altered serial numbers or missing/broken quality seals.

Price protection is extended ten (10) days from date of receipt, original receipt required.  A restocking fee of 15% of the purchase price will be charged on any returned item without complete packaging.  (The 15% fee will be assessed at time of refund).  Refunds on money orders or certified cash or check purchases in excess of $200.00 will be issued by check from SWB corporate office within 15 business days of the return date.  Refunds on purchases made with a credit card will only be credited to the same card, and may take up to 72 hours to post on the account.

10. Entire Agreement and Revisions.  This Agreement sets forth the entire agreement between the parties with respect to the subject matter hereof.  These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s).  Any attempt to alter, supplement or amend this document or to enter an order for Product(s) and support that are subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both you and SWB.  SWB may revise this Agreement at any time without notice by updating this posting, and said revisions shall be effective immediately upon posting.  By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this Site and page to determine the then current terms and conditions by which you are bound.  For convenience purposes only, SWB may e-mail you the most current version of this Agreement or any revisions at the e-mail address provided during the registration process (or any updated e-mail address given by you) in the event that there are any revisions to this Agreement.

11. General.  If any provision(s) of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.  Any failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to in writing.  The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance.  This Agreement may be assigned in whole or in part by SWB.  This Agreement may not be assigned in any manner by you without the express, prior written permission of SWB.

12.  Governing Law.  This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado notwithstanding any conflict of laws provisions.  You irrevocably and unconditionally: (i) consent to submit to the exclusive jurisdiction of the state and federal courts of Denver, Colorado (the “Denver Courts”) for any litigation or controversy arising out of or relating to this Agreement, (ii) agree not to commence any litigation arising out of or relating to this Agreement except in the Denver Courts and (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum.  For any dispute arising under this Agreement, you hereby waive your right to a trial by jury; you hereby waive your right to sue only except on an individual basis; and you waive your right to bring any putative or certified class action.

13. Notices.  Unless otherwise provided herein, notices given by SWB to you will be given by e-mail or by conventional mail.  Notices will be sent to the e-mail address or mailing address you provide to SWB as part of the registration process, or to updated addresses which you provide to SWB via notice consistent with this paragraph.  Notices given by you to SWB must be given by e-mail to webmaster@SuccessandWealthBuilder.com or such updated address and number as SWB may provide you consistent with this notice provision.  Notwithstanding anything herein to the contrary, it is your sole responsibility to update your address for notices hereunder, and notice sent to the e-mail or conventional mailing address last provided by you to SWB shall be valid and binding on you regardless of whether such address has been changed, canceled, has expired, has been terminated, or otherwise becomes inoperative.

Last Updated:  August 13, 2008.