Terms of service
Welcome to Stability By using our services, you are bound by all the following Terms Of Service:
Definitions
In this Agreement the following words and expressions shall have the following meanings: “Stability” means Stability LLC., Registered in Indiana, UNITED STATES OF AMERICA and "Stability " means any web based service operated by “Stability” for the purposes of marketing and retailing "Evaluation Services".
"Client" means you the person purchasing "Evaluation Services" from "Stability"
"Stability" has the Intellectual Property rights or rights to sell the "Evaluation Services"
Words denoting the singular shall include the plural and vice versa and words denoting any gender shall include all genders.
The headings of the paragraphs of this Agreement are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of this Agreement.
Conditions of Sale
Introduction
These Conditions of Sale govern the sale of "Evaluation Services" by “Stability” to the "Client".
1. The Contract
When you purchase "Evaluation Services" from "Stability" via any of our "Stability" venues you will be required to accepting these Terms of Service and its terms and conditions of sale. The contract for the purchase of any "Evaluation Services" will be between the "Client" and "Stability" and will only be formed when "Stability" make the "Evaluation Services" available for and we have received payment in full for the "Evaluation Services".
Until we make the "Evaluations Services" available for and receive payment in full there is no contract between the "Client" and "Stability" for the "Evaluation Services". "Stability" reserves the right, at our sole discretion to reject any order we receive. By placing an order with "Stability" you agree you are: legally capable of entering into binding contracts; and or at least 18 years old.
2. Cancellation and Refunds
By purchasing "Evaluation Services" from "Stability" based in the UNITED STATES OF AMERICA the "Client" if also based in the UNITED STATES OF AMERICA is bound by the UNITED STATES OF AMERICA Uniform Code for Contracts and its Regulations. By using any "Evaluation Services" from "Stability" the "Client" is waiving their rights to any cooling-off period.
All sales of "Evaluation Services" are final. There are NO REFUNDS for any "Evaluation Services" sold by "Stability"
3. Price and Payment
The price of any "Evaluation Services" will be as quoted on the "Stability" website at the then current time, except in the case of obvious error. This price does not include legally applicable state, county, municipal or VAT. The "Client" agrees and is solely responsible for any and all taxes that apply to the order. We will not accept any offers for "Evaluation Services" other than at the then current price. Payment for all "Evaluation Services" is processed securely by various third-party payment gateway services and will be only handled in the currency advertised on the "Stability" website.
4. Delivery
"Evaluation Services" are delivered to the "Client" via the "Clients” personal electronic devise.
You hereby agree to using "Evaluation Services" for private, non-commercial use only and that you will not copy, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, sub-license or transfer the "Evaluations Services" to anyone else. Nothing in these conditions of sale grants the "Client" any rights other than those expressly set out herein. These terms do not grant the "Client" any rights in relation to the synchronization, public performance, promotional use, commercial sale, resale, reproduction, distribution or commercial exploitation of any "Evaluation Services". Any breaches of these terms will be pursued to the full extent of the law.
5. Client Requirements
In order for the "Client" to access the "Evaluation Services" the "Client" is required to have: an internet connection and a personal computer or mobile device capable of opening the "Evaluation Services" and/or our "Client" portal.
6. Email Communications
In the process of purchasing "Evaluation Services" from "Stability" the "Client" email address will be subscribed to the "Stability" general email list. "Stability" also passes on the "Client" email address to its own email lists. All email addresses are considered as fully opt-in email addresses. The "Client" 'Order Receipt' email address is an acknowledgement that the “Client” agrees to this email opt-in acceptance terms.
General Terms
Force Majeure
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, the act or omission of any Internet Service Provider, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.
Severance
If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.
Entire Agreement
This Agreement contains the entire Agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. This Agreement may be updated without notice.
Governing Law and Jurisdiction
These terms shall be governed by and construed in accordance with the law of the State Of Indiana and the parties hereby submit to the exclusive jurisdiction of the State Of Indiana, UNITED STATES OF AMERICA courts.