Our Terms of Sale page is devoted to those who are making purchases from our website. This terms of sale page extends the Terms and Conditions page and explains our return, refund, and exchange policies. We want all of our customers to have a great checkout experience with confidence their information won't be leaked all over the internet or their email box become full of spam. We want the customer to be satisfied with our products and services so we hope our terms of sale page answers their questions! The Progeny Adventure Group LLC owns and operates The Preemie Paradox line of websites, channels, and store under its umbrella.
This Confidentiality Disclosure Agreement is entered into between:
The Preemie Paradox (the "Disclosing Party") hereinafter referred to as the "Disclosing Party" ("Disclosing Party", which expression shall mean and include its authorized representative(s), associates, affiliate, partners it may be appointed on its behalf or who benefit from this Agreement), and hereinafter referred to as the "Recipient Party"("Recipient Party", which expression shall mean and include its authorized representative(s), associates, affiliate, partners it may be appointed on its behalf or who benefit from this Agreement).
The Disclosing Party and the Recipient Party are referred to each as a Party and collectively as the Parties. The Parties wish to discuss certain business opportunities. These discussions may require the Disclosing Party to disclose Confidential Information to the Recipient Party. The Parties wish to protect that Confidential Information.
Definitions
Disclosing Party means the Party whose Confidential Information is received by the Recipient Party. Recipient Party means the Party that receives the Disclosing Party's Confidential Information.
Confidential Information
Confidential Information means any information of or about the Disclosing Party that is identified as "confidential" or "proprietary" or "private" at the time of disclosure, when delivered orally or by any other means.
Confidential Information will not apply to information that is:
Already in Recipient Party's possession without obligation of confidentiality, obtained from a third party without obligation of confidentiality independently developed by the Recipient Party.
Obligations and exceptions to obligations
The Disclosing Party warrants that it has the right to disclose its Confidential Information to the Recipient Party. The Recipient Party agrees not to use the Confidential Information for its own use or for any other purpose other than to carry out the discussions on business opportunities between the Parties. The Recipient Party agrees that it will not, without the prior written consent of the Disclosing Party: copy, reproduce, distribute or disclose any of the Disclosing Party's Confidential Information to any person, corporation or other entity other than as permitted in writing between the Parties.
Nothing in this Agreement:
Restricts the right of a Party to develop, procure or market products and/or services which may be competitive with those offered by the other Party so long as there is no authorized use of the Confidential Information of the other Party.
Governing Law
This Agreement shall be governed, construed and interpreted in accordance with the laws of Lawrenceburg, TN 38464, United States.
Termination
This Agreement will be effective perpetually and will continue for unless terminated by each Party upon prior written the notice. In no way is the legal policies of this website (www.preemieparadox.com) ever to be waived in a buyers waiver or document meant to null and void any policy put forth by The Progeny Adventure Group LLC. for The Preemie Paradox All agreements are to be binding and agreed upon before business can be conducted. The Progeny Adventure Group LLC has the right to terminate any contract that is brought to The Preemie Paradox for reasons they are not obligated to divulge.
Indemnification:
Each party (“Indemnitor”) shall indemnify and hold harmless the other party and its employees, officers, directors, and agents (each an “Indemnitee”) from any suit, cause of action, judgment or claim (“Claim”) for damages to property or bodily injury, loss of life, infringement, liability of any nature, costs, or expenses, including reasonable attorney fees (“Damages”) to the extent caused directly by the negligent act or omission or intentional misconduct of the Indemnitor. Indemnification shall not apply to Damages proximately caused by the negligence of Indemnitee.
Payment and Commitment
Buyer and Seller Agreement:
These Terms of Sale establish the rights and obligations of The Progeny Adventure Group LLC (“The Seller”) and Buyer. All written agreements, including but not limited to terms in Buyer’s purchase, which are different from or in addition to the Terms and Conditions and Terms of Sale are not binding on Seller unless accepted by Seller’s duly authorized representative.
Prices:
All prices are subject to change unless otherwise noted in writing. All taxes, transportation costs, duties and other charges are in addition to quoted prices on video projects from us. The amount of any sales, excise or other taxes, if any, applicable shall be added to the purchase price and shall be paid by Buyer unless Buyer provides Seller with a valid tax exemption certificate.
Payment Information:
Buyer shall pay for the goods received from date of Seller’s invoice. In the event of a late payment, Seller is entitled to treat Buyer’s entire accounts as due and payable without notice or demand. Buyer shall not be allowed to retain or holdback payment while the Buyer’s payment obligations are not contingent on any event other than Seller’s performance. Buyer’s receipt of payment or funds from any third party shall in no way relieve Buyer’s obligations to pay Seller. The Progeny Adventure Group LLC needs to be paid on time for the full amount promised to us. Please pay your invoice or amount you owe and we will be ok.
Outside the USA
VAT tax and payments from countries outside the USA will be collected by the gateway used by The Progeny Adventure Group LLC. Physical products will be shipped by direction of the buyer to arrange any customs, special delivery, or other additional procedure in order to get their bought product into their country. Digital downloads are carried over email and should have no barrier to arrival to the customer.
Shipment and Supply:
All orders shipped from Lawrenceburg Tennessee and may take longer to arrive at your address depending where you are in relation to Lawrenceburg TN. Risk of loss will transfer to Buyer upon tender of goods to Buyer, Buyer’s representative or common carrier in the form of insurance or shipping protection. The cost of any special packaging or handling caused by Buyer’s requirements or requests will be added to the amount of Buyer’s order. If the item the purchased is back ordered, unavailable from the manufacturer, discontinued, or otherwise delayed, then the buyer will be notified and be allowed to cancel or remit their order for a refund.
Delivery:
Seller will make a good faith effort to deliver goods in accordance with Buyer’s schedule. Seller will pay for expedited shipping of delayed products if the delay in delivery is solely caused by Seller. Seller assumes no responsibility or liability for Seller’s non-performance caused by causes beyond Seller’s control. Buyer may not cancel, change or modify an order without the written consent of Seller and payment by Buyer of all applicable cancellation or restocking fees.
Inspection and Acceptance:
Buyer shall examine all goods upon delivery. Any claims for damage, shortage, or errors in shipment or improper delivery must be made to Seller in writing within two (2) business days of delivery, after which date Buyer will be deemed to have accepted the goods and will have no right to reject the goods or to revoke acceptance. Buyer must make any claims for billing errors or adjustments to Seller in writing within ten (10) business days from the invoice or payment date. Claims not received in writing within such period of time will be waived by Buyer.
Limitation of Liability:
IN NO EVENT SHALL THE SELLER BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, STATUTORY, LIQUIDATED, OR INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUES, CAPITAL, BUSINESS OPPORTUNITY OR DOWNTIME COSTS, ARISING OUT OF THE SALE OF GOODS OR SERVICES TO A BUYER. This limitation shall apply regardless if the claimed damages arise from breach of contract, breach of warranty, tort, strict liability, or any other legal theory.
Dispute Resolution:
The buyer and seller parties shall attempt in good faith to resolve promptly any dispute arising out of or relating to these Terms of Sale by negotiation between executives who have authority to settle the dispute. These individuals must have direct responsibility for administration of these Terms of Sale. If a dispute cannot be resolved by negotiation, then either party may bring a legal action in accordance with the measures put forth in the Terms and Conditions page.
Support and Assistance
We offer assistance and support to all who buy our courses. Since we don't currently offer many physical products, we have a form for those who need support when getting a course to play on their computer.
Refund and Return Policy
https://preemieparadox.com may, but are under no obligation to, honor requests for refunds for the following reasons:
Non-delivery of the product: Due to an issue with the mail or courier service, you do not receive a delivery email from us. Depending on the price of the product, https://preemieparadox.com may require you to first submit proof that you have submitted a report to the mail service or courier company describing the missing item; or when an item is no longer available, discontinued, or delayed to a date that is unacceptable by the buyer.
Download issues: You have problems that prevent you from downloading the product. https://preemieparadox.com recommends that you contact the support team for your browser provider, as https://preemieparadox.com ensures that our courses can be downloaded with all major browsers, and this problem usually arises from a customer's issue with either their browser, firewall, or network;
Irreparable defects with the course: Although all the products are thoroughly tested before release, unexpected errors may occur. This reason should be submitted to our Support Team for our debugging of the program.
Product not-as-described: A request based on this reason is addressed on a case-by-case basis and subject to our approval. To prevent this kind of claim from arising, every customer is encouraged to check out samples of the product they are buying (in the form of video overviews, demo links, product samples, screen shots) of each type of product offered before making a purchase.
We do not offer any refund of our courses. Due to the ease of copying and redistributing the information into a person's own course, we don't want our courses stolen and then refunded only to see the same information regurgitated from a similar website or video series.
We do allow for swapping of a product when it is bought many times. We have courses that are bought as a gift by others. So in an event where the same course was bought more than once, we will offer another course of equal value for exchange for the course that was bought in duplication. In the event that there isn't another course that is wanted by the customer or the course desired is more than the purchase price, we will do our best to satisfy the customers desires. Email us at progenyadventuregroup@gmail.com if this situation arises so we can remedy the situation in a timely manner.
Physical Return and Refund Policy
The following returns policy applies to all physical items sold on The Progeny Adventure Group LLC website.
If you are not fully satisfied with your purchase, return it. It’s easy! You may return it with your original sales receipt, gift receipt or original packing slip. We will happily exchange the item or refund your full purchase price.
An item not marked as non-returnable on the product detail page is eligible for return within the applicable return window if it fulfills one or more of the following conditions:
- Was in a physically damaged condition at the time of delivery
- Has one or more parts of accessories missing
- Does not match with what was ordered
Items must be returned in the original manufacturer's packaging.
Payment Gateway and Privacy Notice
Our payment gateway will be controlled by the ThriveCart plugin and is rated as one of the best in security and ease of use! We are very impressed with the features and ability of ThriveCart to take a customers banking information and secure the connection along the way. None of the customers banking information is ever viewed by anyone other than the customer. No banking information is ever stored in our database either so the customer can rest assured that their financial record and key to their account can never be used by us or anyone without their permission.
We do use the browser cookie to auto generate forms and to recognize the customer when returning to our site. The way we use cookies is detailed in our privacy policy but we can summarize it here. We don't sell any information to others, we only collect the basic information we need in order to know and validate a customer's profile for security and analytics to make our website better.
We do insist that a visitor becomes a subscriber with an account on our page. These login credentials can authenticate the subscriber and pass the logged in information to the payment gateway when making purchases. Also we need to make sure no one has a stolen identity or fake account when doing business with us.
The Progeny Adventure Group LLC should appear on any banking transaction or receipt from your financial institution in a record of your purchase! We care deeply about the checkout and financial end of your investment in us. So please email us at progenyadventuregroup@gmail.com with any problem you may have during the checkout process.
These legal pages were written and corrected in part by the managing members of The Progeny Adventure Group LLC with the help of law professionals.
