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Okumaye
 Publishing Company, Inc

 

Terms of Purchase

 

 

PLEASE READ THESE TERMS OF SALE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

OKUMAYE PUBLISHING COMPANY, INC  AND ITS AFFILIATES (collectively the "Company") offer this Terms Of Sales to  YOU, AND ANY OTHER ENTITY on whose behalf YOU may accept these terms (collectively "You"), subject to the delineations below. These terms and conditions ("Agreement") apply to your purchase of media products and/or services and support ("Product") sold in the United States by Company; further, these Terms of Sale, together with the Terms of Use and Privacy Policy, constitute the entire Sales Agreement between You and Company regarding purchases you make on the Okumaye Publishing Company, Inc  website, superseding any prior agreements between You and Company relating to such purchases.  In the event of a conflict between these Terms of Sales versus more specific Terms that apply to any other Web site of Okumaye Publishing Company, Inc , the more specific terms and conditions of such other Web site shall prevail with respect to such conflict. Accordingly, this Sales Agreement shall apply unless (i) You have a separate Purchase Agreement with Company, in which case the separate Purchase Agreement shall govern the purchases; OR (ii) Other Company terms and Conditions apply to the purchase transactions.

ACCEPTANCE OF TERMS OF PURCHASE
This Sales Agreement is entered into by and between Company and You; and You accept them by virtue of Your placement of a purchase order for any Product of Company; hence You accept and are bound to the terms and conditions of this Agreement. If You do not wish to be bound by this Sales Agreement, or if you do not agree to these Terms of Sale, then You may not place a purchase our with Company through this website and do not make any purchases from Okumaye Publishing Company, Inc.

These Terms of Sale are subject to change at the sole discretion of Company without prior written notice at any time being provided by Company; and such changes shall apply to any purchases made after the changes are posted to the Okumaye Publishing Company, Inc  website. Therefore, you should review these Terms of Sale prior to each purchase so you will understand the terms applicable at the time each purchase transaction takes effect.

 

TERMS OF SALES

Intellectual Property Rights of Products Contents
All information provided in the Products You purchase, continue to remain the Intellectual Property of Company, hence Company and its licensors retain all proprietary rights to the information and data contents of the Products. Accordingly, Company has the right to use all material contained in the Products. Effectively, the information content is deemed licensed to You, and except for making one hard copy print of information content on an ad hoc basis, or downloading as expressly authorized by Company for use as explained under the description of the Product, the Product information contents  may not be reproduced, transmitted or distributed or resold or placed for resale without the express written permission of and from Company.

Payment for Products
Company allow purchases with credit cards and accepts Visa and MasterCard credit cards and certain debit cards, as forms of payment for purchases. By submitting an order through Company, You authorize Company, or its designated payment processor, and merchant services providers to charge the account You specify for the purchase amount, subject to the stipulation that all  payments are to be made in United States Dollars. When You provide Your credit card number to payment processor or merchant services company, You may authorize that Your credit card number and related payment information be stored for the transactions.

Purchase Qualifications
Company sells its Products only to those users who can legally make purchases with a credit card: If You are under 18 and therefore a minor, You may make purchases through Company only with the involvement of a parent or guardian, even then Company reserves the right to refuse or cancel orders or terminate accounts, at any time in its sole discretion.

Payment Terms 
Terms of payment are within sole discretion of Company, and unless otherwise agreed to, payment must be received by Company prior to any acceptance of a purchase order by Company. Further, Company is not responsible for pricing, typographical, or other errors in any offer by Company, and reserves the right to cancel any orders resulting from such errors. Payment for the products will be made by credit card, unless some other prearranged payment method or credit terms have been agreed to by Company.

Taxes
You are responsible for any applicable sales or use tax, duties, or other governmental taxes or fees payable in connection with Your purchase. Company does not have the facility for managing Sales Taxes so You will pay such Taxes to Your State Revenue Collection Department. Whether or not You provide Company with a valid and correct tax exemption certificate applicable to Your purchase of Product and the Product ship-to location, You are responsible for sales and other taxes associated with the order.  Company therefore will not collect Taxes from You, however, you agree and permit company to collect such sales or other tax or fee on a transaction, which You will be responsible in the event that the governmental body having jurisdiction over the transaction demands of Company to make such Tax payments as may be later determined to be payable on such sale, and Company reserves the right to collect such taxes or other fees from You at such time.

Acceptance of Purchase Orders
Orders are not binding upon Company unless accepted by Company and we reserve the right to cancel any order for any reason. As used herein, "Acceptance of Customer's Purchase Order" shall mean acknowledgement by Company, as evidenced by the issuance of an Order Acknowledgment contained in an email sent to You. All Your Purchase Orders are subject to written acceptance by Company, at its sole discretion, and no Purchase Order placed on the website will be binding upon Company until Company issues a written Order Acknowledgment via an email.

Purchase Orders Changes and Associated Costs
You may not change a Purchase Order on which Company has issued a written Order Acknowledgement without Company written consent. Any revision or Purchase Order termination requested by You may result in additional cost to You. Any additional cost to You will be at Company standard rates in effect at the time of Your request. Company performance of Your request shall be predicate upon the issuance of a new Purchase Order or written amendment to an existing Purchase Order authorizing the applicable charge using such means as shall be advised in the Order  Acknowledgement email.

Products Delivery and Schedules
All products are shipped by United Parcel Service delivery or such other equivalent service to You unless otherwise specified during the placement of the Purchase Order. You are therefore responsible for making sure that the address You provide as part of the purchase Order is correct. Any tangible Product such as hard-copy of the Products of Company purchased through the Okumaye Company website will be shipped FOB Shipping Point. Title to such products passes from Company to you upon shipment. With respect to Product You purchase through the Okumaye Company Site, You acknowledge and agree that upon making dispatch of such Product to become available to You (or to intended authorized recipients), Company will have fully satisfied its obligation Sales fulfillment or otherwise provided such Product, regardless of any failure receive or inability to use such Products.

Shipping Charges and Risk of Loss. 
Shipping dates whether advised through the email of Order  Acknowledgement or advised through the Okumaye Publishing Company, Inc  website are estimates only. Shipping and handling are additional unless dispatch is being effected by electronic mail. Possession of Products passes from Company to You on shipment from dispatch from facility of Company. Also Company may ship parts of an order separately. Loss or damage that occurs during shipping by a carrier selected by Company is the responsibility of Company for which Company shall make good with a refill shipment of Product; however, loss or damage that occurs during shipping by a carrier selected by You is Your responsibility and Company shall have no obligation to make good with a refill shipment. You must notify Company within 10 days of the estimated date of Your Order acknowledgement if You believe any part of Your purchase is missing, wrong or damaged.

Force Majeure
Company is not liable for failure or delay in fulfilling its obligations due to any causes beyond its control. In the event of any such delay, the date for shipment or performance of Services may be extended correspondingly. Company retains the right to determine the allocation of its inventory of products among itself, its present and future customers and You. In the event Company partially fills Your Purchase Order, You shall, nonetheless, continue to be bound by the Agreement and You shall not have the right to cancel the Order during the period in which the delay is in effect for the complete fulfillment of the Purchase Order. If an event of Force Majeure prevents or delays Company form performance for more than Thirty (30) days, Company shall have the right to terminate the applicable Purchase Order, with immediate effect and make pro rated settlement for Products already committed into dispatch.

Product and Service Descriptions and Availability, Errors
All products are provided as hard-copy prints, and in the form according to the description stated during the placement of the Purchase Order. The contents of each Product are as described in the Okumaye Publishing Company, Inc  website. Yet, in as much as we attempt to be as accurate as possible and eliminate errors on Products listed on the Okumaye Publishing Company, Inc  website, however, we do not warrant that the description, photograph, pricing or other information of any  Product, whether tangible or otherwise, is accurate, complete, reliable, current, or error-free. In the event of an error, whether on the Okumaye Publishing Company, Inc website, in an Order Acknowledgement email, in the processing of an order, in delivering tangible Product or otherwise, Company reserves the right to correct such error and revise Your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such error is to cancel Your order and obtain a refund or credit as set forth above. To request a refund, follow the procedure provided in the Order Acknowledgement email.

Changed or Discontinued Product

The product improvement culture of Company is one of continual update and revision by product creators, hence Company and its media products creators continually upgrade and revise its Products, both tangible and intangible, to provide You with new products and services. Company may revise, discontinue or modify products or services at any time without prior notice to customers, and products or services may become unavailable without notice, and this may affect information saved in Your online "cart." Company shall have no liability of any kind if a product or service that has been ordered is unavailable. If necessary, Company reserves the right to suggest substitute items of equal or greater value when an item or service is unavailable or Company may just cancel the order. In the event of the latter, Company will ship Product that has the functionality and performance of the Product ordered, upon receipt of written authorization from You, but admittedly changes or differences between substitute Products shipped and as described for original selection on Okumaye Publishing Company, Inc  website are possible.

Returns
You accept that the moment the Product of an Accepted Purchase Order is dispatched, whether by email or being handed over  to shipping company, the associated shipment costs has been expended and so nonrefundable, except as expressly set forth in this Agreement or as otherwise determined by Company in its sole discretion. Without limitation, there are no returns or cancellations for any intangible Product purchased from Company.  However, for those Purchase Orders for which hard-copy, whether bound or not, the preferred Product format or is specified and a medium such as CD is employed to contain the Product, Company shall allow returns, only when the medium has manufacturer's defect that makes the Product non-readable or otherwise as will be defined by Company on a case by case basis, and at the discretion of Company. Company is not responsible for damage incurred during shipping. All merchandise must be inspected by customer upon delivery. If any box looks dented or damaged in any way, the driver must make a notation and should mark any damages. Boxes opened later and then damage noticed without driver making notation, is considered concealed damage. Some shipping companies do not always cover full refunds on concealed damage items. Items must be unopened, in new condition, and returned in original shipping containers. You must call first for a return authorization number, and no merchandise can be returned without a written authorization number. In any event,  You are responsible for paying shipping back to the designated location for returned items, unless such item is being returned due to a product defect or error by Company. 

Warranties.
The representations applicable to Products can be found at the website of Okumaye Publishing Company, Inc or in the documentation Company provides with Product. Company makes or implies no further warranties for the Products, and all such Product is provided by Company "as is"; and any warranties, services, and support by affiliates are as provided by the original provider. Company makes no express representations except those stated in Okumaye Publishing Company, Inc website applicable Products description in effect on the date of the acceptance of Purchase Order.

Not For Resale or Export.
You agree to comply with all applicable laws and regulations of the various states and of the
United States. You agree and represent that you are buying only for your own internal use only, and not for resale or export. Company has separate terms and conditions governing resale of Product by third parties and transactions both inside and outside the United States.

Privacy Policy
Company cares about Your privacy and asserts this consideration in the Okumaye Publishing Company, Inc  Privacy Policy. By purchasing from the Okumaye Publishing Company, Inc  Site, you are consenting to have your personal data transferred to and processed in the United States, where the payment processor company is domiciled.

Confidential Information
You will not disclose to any person or entity any information or data fixed in a tangible medium and marked as the confidential or proprietary information (hereinafter referred to as "Confidential Information") of Company , or if provided orally, confirmed in writing to be confidential or proprietary within two (2) Calendar years after its disclosure in consistence with the general non-competitive laws. Notwithstanding the provisions herein, if You receive Confidential Information, then You shall treat such Confidential Information as confidential, prohibit recopying and use such Confidential Information only in connection with fulfilling its obligations under Your Purchase Order. You will return all Confidential Information to Company upon completion of such obligations for its use, or upon the request of Company. You recognize and agree that the unauthorized use or disclosure of the Confidential Information would cause irreparable injury to Company for which there would be no adequate remedy at law , and that any actual or contemplated breach of this clause will entitle Company to obtain immediate injunctive relief prohibiting such breach, in addition to any other rights and remedies available to Company. The obligations herein contained will expressly survive the final payment of any/or all Your Purchase Orders.

Limitation of Liability. 
Company  DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCT NOT BEING AVAILABLE FOR USE, LOST PROFITS, LOSS OF BUSINESS OR FOR LOST OR CORRUPTED DATA OR THE PROVISION OF PRODUCT ENHANCEMENT SERVICES. EXCEPT AS EXPRESSLY PROVIDED HEREIN, Company WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, Company IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT INVOICED FOR THE APPLICABLE PRODUCT. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THE REMEDIES SET
FORTH IN THIS AGREEMENT SHALL APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE.

Disclaimers
PRODUCTS ARE PROVIDED OR SOLD "AS-IS" AND Company DISCLAIMS ANY AND ALL REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Company NEITHER GUARANTEES NOR PROMISES ANY SPECIFIC RESULTS FROM USE OF PRODUCTS. Company DOES NOT REPRESENT OR WARRANT THAT PRODUCTS OR ANY PART THEREOF, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT PRODUCTS  THAT ARE DOWNLOADED FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND QUARANTINE VIRUSES, AND DISINFECT PRODUCTS PRIOR TO USE.

REFERENCE TO ANY PRODUCTS, SERVICES, PROCESSES OR OTHER INFORMATION, BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER OR OTHERWISE DOES NOT CONSTITUTE OR IMPLY ENDORSEMENT, SPONSORSHIP OR RECOMMENDATION THEREOF, OR ANY AFFILIATION THEREWITH, BY THE Company.

Assignment
Company may assign all rights and obligations assumed herein to an affiliate by giving You written notice thereof but without being obligated to obtain Your consent prior thereto. In the event of such an assignment, Company shall be discharged of any liability pursuant to those Purchase Orders which have been assigned or delegated. You may not assign Your rights or delegate Your obligations under any or all of the Purchase Orders unless written consent of Company is obtained prior thereto and any such assignment or delegation without such consent shall be void.

Indemnity
You agree to indemnify and hold Company and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with Your purchase or use of any Product or services, or any violation of this Agreement or of any law or the rights of any third party.

Severability
If any provision of these terms and conditions is held by a court, government agency or other legal authority of competent jurisdiction to be void, invalid, illegal or unenforceable, then that provision shall be deemed severable from these Terms of Sale, and such invalidity , illegality or unenforceability shall not invalidate, nullify or render unenforceable any other portion of this Sales Agreement but rather the remaining terms and conditions shall be construed as the entire agreement and such that it did not contain the particular invalid, illegal or unenforceable provision or provisions, and the rights and obligations of the parties shall be construed and enforced accordingly.

Other Documents. 
This Agreement may NOT be altered, supplemented, or amended by the use of any other document(s) unless otherwise agreed to in a written agreement signed by both You and Company. If You do not receive an invoice or Order Acknowledgement in the mail, via e-mail, information about Your purchase may be obtained by contacting Company by messaging to purchases@okumaye.com

Interpretations
Interpretation within this document is defined as follows: (i) Headings are for convenience only and do not affect interpretation; (ii) The singular includes the plural and conversely; (iii) Reference to a party means Company, and You and Company exclusively; and (iv) In the event of a conflict between Your Purchase Order or associated documents and the terms and conditions herein, the terms and conditions herein including the Order Acknowledgment shall govern.

Governing Law.
THE PARTIES ( You AND Company) AGREE THAT THIS AGREEMENT, ANY SALES THERE UNDER, OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, AND EQUITABLE CLAIMS) BETWEEN THE PARTIES arising from or relating to this agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this agreement, Company-advertisements, or any related purchase SHALL BE GOVERNED BY THE LAWS OF THE COMMONWEALTH OF VIRGINIA, WITHOUT REGARD TO CONFLICTS OF LAW.

copyright 2008 Okumaye Publishing Company, Inc. All rights reserved. Anti-Spam Policy
Current version updated October 7, 2016.

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