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Online Purchase Agreement

PRESSING "BUY NOW" REFERENCE BUTTON INDICATES THAT YOU ACCEPT THIS AGREEMENT. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE DO NOT PURCHASE ANY INFORMATION, DATA OR MATERIALS FROM WWW.UNETADVISORS.COM SITE.

This agreement ("Agreement") between You and C&D Proformance. ("C&D Proformance") consists of these Standard Terms and Conditions ("Terms and Conditions"). "You" means any user of the content of http://www.fuelverter.com

1. Product: Fuelverter. When You press "Buy Now" button You represent that You are at least 18 years of age and agree that You release C&D Proformance of any obligations whatsoever regarding any consequent outcomes. You also agree to use all the provided materials, information and / or data solely at Your own risk. All C&D Proformance materials obtained under this Agreement are for use by You only and may not be transferred or in any manner passed on to any third party (i.e., distributed to others who must provide separate payments in order to obtain such materials) unless expressly authorized in writing by C&D Proformance.

2. Parties' Responsibilities. You are solely responsible for providing full payment. All C&D Proformance materials, data and / or information are copyright protected. C&D Proformance reserves the right to investigate, at its own discretion, any activity that may violate this Agreement. C&D Proformance is not responsible for anything related to Equipment.

3. Confidentiality. You agree not to disclose C&D Proformance "Confidential Information" without C&D Proformance's prior written consent. C&D Proformance Confidential Information includes without limitation: (a) all C&D Proformance software, technology, programming, specifications, materials, and documentation relating to the Product; (b) any other information designated in writing by C&D Proformance as "Confidential" or an equivalent designation. Confidential Information does not include information that has become publicly known through no breach by You or C&D Proformance, or information that has been (i) rightfully received by You from a third party, or (ii) required to be disclosed by law or by a governmental authority.

4. No Guarantee. C&D Proformance makes no guarantee regarding the accuracy of the information published on C&D Proformance web site and / or provided in any C&D Proformance, presentations or materials.

5. No Warranty. All C&D Proformance materials, information and data are provided on an "AS IS" basis and C&D Proformance MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WITH RESPECT TO ADVERTISING, PRESENTATIONS, CONTENT, DATA, INFORMATION, AND OTHER SERVICES, AND EXPRESSLY DISCLAIMS THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE.

6. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL C&D PROFORMANCE BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, EXPENSES, COSTS, LIABILITY, OR LOSSES, WHATSOEVER (INCLUDING, LOST PROFITS, ANTICIPATED OR LOST REVENUE, FAILURE TO REALIZE EXPECTED SAVINGS OR ANY OTHER COMMERCIAL OR ECONOMIC LOSS), WHETHER ARISING IN NEGLIGENCE, TORT, STATUTE, EQUITY, CONTRACT, COMMON LAW, OR ANY OTHER CAUSE OF ACTION OR LEGAL THEORY EVEN IF C&D PROFORMANCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. CUSTOMER AGREES, ACKNOWLEDGES AND CONFIRMS THAT THE LIMITATIONS OF LIABILITY SET OUT IN THIS SECTION ARE FAIR AND REASONABLE IN THE COMMERCIAL CIRCUMSTANCES OF THIS AGREEMENT AND THAT C&D PROFORMANCE WOULD NOT HAVE ENTERED INTO THIS AGREEMENT BUT FOR THE CUSTOMER'S AGREEMENT TO LIMIT C&D ProformanceS’ LIABILITY IN THE MANNER, AND TO THE EXTENT, PROVIDED FOR HEREIN.

7. Force Majeure. Each party acknowledges that the other party has entered into this Agreement relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties. Without limiting the foregoing and except for payment obligations, neither party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake or other acts of God, labor conditions, and power failures.

8. Payment. You shall pay the full amount as determined by C&D Proformance. You agree to pay all applicable taxes or charges imposed by any government entity in connection with Your purchase. C&D Proformance may change its prices at any time. When You press "Buy Now" reference button You waive any claim relating to any payment made by you to C&D Proformance.

9. Publicity. If You wish to use C&D Proformance's names, trademarks, service marks, logos, domain names, and other distinctive brand features ("Brand Features"), You must first contact C&D Proformance and acquire permission.

10. Representations and Warranties. By pressing "Buy Now" reference button You represent and warrant that (a) You are legally authorized to act for the purposes of this Agreement; (b) You have all necessary right, power, and authority to enter into this Agreement and to perform the acts required of You hereunder; and (c) You have complied and will continue to comply with all applicable laws, statutes, ordinances, and regulations (including without limitation the CAN-SPAM Act of 2003 and any relevant data protection or privacy laws) in Your performance of any acts hereunder. You further represent and warrant that You do not breach and have not breached any duty toward or rights of any person or entity including, without limitation, rights of intellectual property, publicity or privacy, or rights or duties under consumer protection, product liability, tort, or contract theories.

11. Indemnity. You agree to indemnify, defend and hold C&D Proformance, its agents, affiliates, subsidiaries, directors, officers, employees, and applicable third parties (e.g. advertisers, partners, licensors, licensees, consultants and contractors) (collectively "Indemnified Person(s)") harmless from and against any and all third party claims, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Person(s), arising out of, related to or which may arise from Your use of the Product and/or Your breach of any term of this Agreement.

12. C&D Proformance Rights. You acknowledge that C&D Proformance owns all right, title and interest, including without limitation all Intellectual Property Rights (as defined below), in and to the Product (including C&D Proformances presentation technology, teaching technology, modeling technology, forecasting technology and excluding items licensed byC&D Proformance from third parties), and that You will not acquire any right, title, or interest in or to the Product except as expressly set forth in this Agreement. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, semiconductor chip protection law, moral rights law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, as well as, any and all applications, renewals, extensions, restorations and re-instatements thereof, now or hereafter in force and effect worldwide.

13. Information Rights. C&D Proformance may retain and use statistical information obtained through www.gonewacko.org/C&DProformance site. C&D Proformance disclaims all responsibility, and will not be liable to You for any disclosure of that information by any third party. C&D Proformance may share non-personally-identifiable information such as site-specific statistics and similar information collected by C&D Proformance, with advertisers, business partners, sponsors, and other third parties.

14. Governing Law. This Agreement shall be governed by and interpreted according to the laws in force in the State of Oklahoma and the laws of the United States applicable therein. The parties attorn to the exclusive jurisdiction of the courts of the United States in respect of all matters arising out of or in connection with this Agreement.

15. General Provisions. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. Any modifications to this Agreement must be made in writing executed by both parties. In this Agreement, the headings are for convenience of reference only and shall not affect its construction or interpretation. If any provision herein is held unenforceable, then such provision will be modified to reflect the parties' intention, and the remaining provisions of this Agreement will remain in full force and effect. You may not resell, assign, or transfer any of Your rights hereunder. Any such attempt may result in termination of this Agreement, without liability to C&D Proformance. Notwithstanding the foregoing, C&D Proformance may assign this Agreement to any affiliate at any time without notice.

16. C&D Proformance will support the product in the case of defects-only. If after a close evaluation by C&D Proformance we find that the product is defective we will replace the defective fuelverter. Otherwise there will be no refunds, so please make sure this product is for you.

Revised: January, 2008

 

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