TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS
VERY CAREFULLY.
THE TERMS AND CONDITIONS ARE LIMITED TO THOSE CONTAINED HEREIN. ANY ADDITIONAL
OR DIFFERENT TERMS IN ANY FORMS DELIVERED BY YOU ARE HEREBY DEEMED TO BE
MATERIAL ALTERATIONS AND NOTICE OF OBJECTION TO THEM AND REJECTION OF THEM IS
HEREBY GIVEN.
BY ACCESSING THE SITE AND/OR BY ACCEPTING DELIVERY OF PRODUCTS, YOU AGREE TO BE
BOUND BY AND ACCEPT THESE TERMS AND CONDITIONS UNLESS YOU AND PAUL MOONEY HAVE
SIGNED A SEPARATE AGREEMENT, IN WHICH CASE THE SEPARATE AGREEMENT WILL GOVERN.
ANY GENERAL DESCRIPTION OF THE PRODUCTS AND RESULTS THEREOF POSTED ON THE
WEBSITE DO NOT CONSTITUTE PART OF THE AGREEMENT BETWEEN PAUL MOONEY AND YOU.
PAUL MOONEY RESERVES
THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS, AND THE PRODUCTS, SERVICES AND
PRICES MENTIONED ON THE SITE AT ANY TIME, AT HIS SOLE DISCRETION, WITHOUT NOTICE
AND YOUR CONTINUED USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF SUCH REVISED
TERMS. PAUL MOONEY RESERVES THE RIGHT TO SEEK ALL REMEDIES AVAILABLE BY LAW AND
IN EQUITY FOR ANY VIOLATION OF THESE TERMS AND CONDITIONS. ANY RIGHTS NOT
EXPRESSLY GRANTED HEREIN ARE RESERVED.
UNLESS OTHERWISE NOTED, ALL DOCUMENTS AND OTHER INFORMATION PROVIDED ON THIS
SITE, INCLUDING TRADEMARKS, LOGOS, GRAPHICS AND IMAGES (THE "MATERIALS") ARE
PROVIDED TO YOU BY PAUL MOONEY AND ARE PROTECTED BY COPYRIGHT, TRADE DRESS, AND
OTHER LAWS.
PAUL MOONEY GRANTS YOU THE LIMITED RIGHT TO DISPLAY THE MATERIALS ONLY ON YOUR
PERSONAL COMPUTER, AND TO COPY AND DOWNLOAD THE MATERIALS ON THIS SITE, PROVIDED
THAT: (1) BOTH THE COPYRIGHT NOTICE (SET FORTH BELOW) AND THIS PERMISSION NOTICE
APPEAR IN THE MATERIALS SO DISPLAYED, COPIED OR DOWNLOADED; (2) SUCH DISPLAY,
COPY OR DOWNLOAD IS SOLELY FOR YOUR PERSONAL OR INTERNAL INFORMATIONAL USE (THAT
IS, NOT DISTRIBUTED OR OTHERWISE TRANSMITTED OUTSIDE OF YOUR HOME OR COMPANY, OR
OTHERWISE BROADCAST IN ANY MEDIA). YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NO
RIGHT TO MODIFY, EDIT, ALTER OR ENHANCE ANY OF THE MATERIALS IN ANY MANNER. THIS
LIMITED LICENSE TERMINATES AUTOMATICALLY, WITHOUT NOTICE TO YOU, IF YOU BREACH
ANY OF THESE TERMS. UPON TERMINATION OF THIS LIMITED LICENSE, YOU AGREE TO
IMMEDIATELY DESTROY ANY DOWNLOADED AND/OR PRINTED MATERIALS. YOU AGREE NOT TO
"FRAME" OR "MIRROR" ANY MATERIALS CONTAINED ON OR ACCESSIBLE FROM THIS SITE ON
ANY OTHER SERVER OR INTERNET-BASED DEVICE WITHOUT THE ADVANCE WRITTEN
AUTHORIZATION OF PAUL MOONEY.
YOU ACKNOWLEDGE THAT, EXCEPT AS EXPRESSLY STATED HEREIN, YOU HAVE NO RIGHT,
TITLE OR INTEREST IN OR TO THE MATERIALS.
Copyright Notice: © 2003-2010 Paul Mooney
paulmooney@navhelp.com. All rights reserved.
THE SITE AND THE MATERIALS ARE PROVIDED TO YOU "AS IS"
WITHOUT WARRANTY OF ANY KIND. PAUL MOONEY MAKES NO EXPRESS OR IMPLIED
REPRESENTATIONS OR WARRANTIES, ORAL OR WRITTEN.
PAUL MOONEY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF NONINFRINGEMENT OF THIRD PARTY RIGHTS,
MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. THIS SITE MAY CONTAIN
INFORMATION POSTED BY THIRD PARTIES. PAUL MOONEY DOES NOT GUARANTEE THE ACCURACY
OF INFORMATION POSTED BY THIRD PARTIES AND DOES NOT WARRANT EXPRESSLY OR
IMPLIEDLY ANY INFORMATION POSTED BY THIRD PARTIES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PAUL
MOONEY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR
ANY DAMAGES IN CONNECTION WITH THE SITE OR THE PRODUCTS SOLD THROUGH IT. IN NO EVENT SHALL PAUL MOONEY BE LIABLE
TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE,
PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, WHETHER FOR BREACH OR
IN TORT, EVEN IF PAUL MOONEY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF
SUCH DAMAGE.
PAUL MOONEY ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION
OR OTHER DOCUMENTS WHICH ARE INCLUDED WITHIN, REFERENCED BY, OR LINKED TO OR BY
THE SITE.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER INACCURACIES. CHANGES ARE
PERIODICALLY MADE TO THE INFORMATION HEREIN. HOWEVER, PAUL MOONEY MAKES NO
COMMITMENT TO UPDATE MATERIALS ON THIS SITE.
THE SITE CONTAINS LINKS TO THIRD-PARTY WEB SITES, WHICH ARE NOT UNDER THE
CONTROL OF PAUL MOONEY. PLEASE NOTE THAT WHEN YOU CLICK ON THESE LINKS YOU ARE
MOVING TO ANOTHER WEB SITE. PAUL MOONEY MAKES NO REPRESENTATIONS ABOUT
THIRD-PARTY WEB SITES. WHEN YOU ACCESS A THIRD PARTY WEB SITE, YOU DO SO AT YOUR
OWN RISK. PAUL MOONEY IS NOT RESPONSIBLE FOR THE RELIABILITY OF ANY DATA,
OPINIONS, ADVICE, OR STATEMENTS MADE ON THIRD-PARTY WEB SITES. PAUL MOONEY
PROVIDES THESE LINKS MERELY AS A CONVENIENCE. THE INCLUSION OF SUCH LINKS DOES
NOT IMPLY THAT PAUL MOONEY ENDORSES, RECOMMENDS, OR ACCEPTS ANY RESPONSIBILITY
FOR THE CONTENT OF SUCH SITES.
THE SITE MAY CONTAIN MENTION OF THIRD-PARTY PRODUCTS AND SERVICES FOR
INFORMATIONAL PURPOSES. THIRD PARTY PRODUCTS AND SERVICES ARE THE PRODUCTS AND
SERVICES OF SUCH THIRD PARTIES AND PAUL MOONEY DOES NOT WARRANT IMPLIEDLY OR
EXPRESSLY THE QUALITY AND/OR RELIABILITY OF SUCH THIRD PARTY PRODUCTS AND
SERVICES. PAUL MOONEY MAKES NO RECOMMENDATIONS OR ENDORSEMENTS ABOUT THIRD-PARTY
PRODUCTS AND SERVICES. REFERENCES TO THIRD-PARTY SERVICES AND PRODUCTS ARE
PROVIDED BY PAUL MOONEY "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR
IMPLIED, OR STATUTORY, INCLUDING, BUT WITHOUT LIMITATION, THE IMPLIED WARRANTIES
OF NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, AND FITNESS FOR A
PARTICULAR PURPOSE.
PAUL MOONEY IS NOT THE MANUFACTURER OF
THE PRODUCTS PURCHASED HEREUNDER AND THE ONLY WARRANTIES OFFERED ARE THOSE OF
THE MANUFACTURER, NOT PAUL MOONEY. IN PURCHASING THE PRODUCTS, YOU ARE RELYING
ON THE MANUFACTURER’S SPECIFICATIONS ONLY AND IS NOT RELYING ON ANY STATEMENTS,
SPECIFICATIONS, PHOTOGRAPHS OR OTHER ILLUSTRATIONS REPRESENTING THE PRODUCTS
THAT MAY BE PROVIDED BY PAUL MOONEY. PAUL MOONEY HEREBY EXPRESSLY DISCLAIM
ALL WARRANTIES EITHER EXPRESS OR IMPLIED, RELATED TO THE PRODUCTS, INCLUDING,
WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, OR WARRANTY OF NONINFRINGEMENT. THIS DISCLAIMER DOES NOT AFFECT THE
TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY.
ALL PRICING IS SUBJECT TO CHANGE. PAUL MOONEY RESERVES THE RIGHT TO MAKE
ADJUSTMENTS TO PRICING AND THE PRODUCTS FOR REASONS INCLUDING, BUT NOT LIMITED
TO, CHANGING MARKET CONDITIONS, PRODUCT DISCONTINUATION, PRODUCT UNAVAILABILITY,
MANUFACTURER PRICE CHANGES AND ERRORS IN ADVERTISEMENTS. ALL ORDERS ARE SUBJECT
TO PRODUCT AVAILABILITY. THEREFORE, PAUL MOONEY CANNOT GUARANTEE FULFILLING ALL ORDERS.
PAUL MOONEY WILL NOT BE RESPONSIBLE FOR ANY DELAYS IN DELIVERY WHICH RESULT FROM
ANY CIRCUMSTANCES BEYOND ITS CONTROL, INCLUDING WITHOUT LIMITATION, PRODUCT
UNAVAILABILITY, CARRIER DELAYS, DELAYS DUE TO FIRE, SEVERE WEATHER CONDITIONS,
FAILURE OF POWER, LABOR PROBLEMS, ACTS OF WAR, TERRORISM, GENERAL INSURRECTION,
ACTS OF GOD OR ACTS OF ANY GOVERNMENT OR AGENCY. ANY SHIPPING DATES PROVIDED BY
PAUL MOONEY ARE ESTIMATES ONLY.
CONTACT PAUL MOONEY TO OBTAIN A RETURN
MERCHANDISE AUTHORIZATION BEFORE SHIPPING THE PRODUCTS BACK TO PAUL MOONEY.
PAUL MOONEY RESERVES THE RIGHT TO DECLINE RETURN REQUESTS. RETURN REQUESTS
MUST BE MADE WITHIN 30 DAYS OF PURCHASE. PLEASE RETURN ALL PRODUCTS 100%
COMPLETE.
YOU ARE RESPONSIBLE FOR SHIPPING CHARGES FOR THE PRODUCTS BEING SHIPPED BACK TO
PAUL MOONEY. THE PRODUCTS EXCHANGED OR REPLACED WILL BE SHIPPED BY PAUL MOONEY
TO YOU, AT PAUL MOONEY’S EXPENSE, USING THE SAME SHIPPING METHOD AS WAS USED BY
YOU. IF THE CARRIER SELECTED IS NOT USED BY PAUL MOONEY, A COMPARABLE SHIPPING
METHOD WILL BE SELECTED.
YOU ARE RESPONSIBLE FOR ALL RISK OF LOSS AND DAMAGE TO THE PRODUCTS BEING
SHIPPED BACK TO PAUL MOONEY. PLEASE FULLY INSURE RETURN SHIPMENT IN CASE OF LOSS
OR DAMAGE. PLEASE USE A CARRIER THAT IS ABLE TO PROVIDE YOU WITH PROOF OF
DELIVERY. THIS IS FOR YOUR PROTECTION AS WELL AS TO ENSURE QUICK ACTION ON YOUR
RETURN.
FAILURE TO RETURN THE PRODUCTS WITHIN THE APPLICABLE RETURN PERIOD WILL BE
DEEMED TO BE AN ACCEPTANCE OF THE PRODUCTS.
IF YOU RECEIVE DAMAGED PRODUCTS, PLEASE REFUSE THE PRODUCTS UPON ORIGINAL
DELIVERY ATTEMPT. IF DAMAGED PRODUCTS ARE ACCEPTED FROM THE CARRIER, SUCH DAMAGE
SHOULD BE NOTED ON THE CARRIER DELIVERY RECORD. PLEASE SAVE THE PRODUCT AND THE
ORIGINAL BOX AND PACKAGING AND NOTIFY PAUL MOONEY IMMEDIATELY TO ARRANGE FOR A
CARRIER INSPECTION AND A PICK UP OF DAMAGED PRODUCTS. PLEASE NOTIFY PAUL MOONEY
OF DAMAGED PRODUCTS WITHIN THE FIRST 10 DAYS OF RECEIPT. TIMELY RECEIPT OF THIS
INFORMATION IS NECESSARY FOR PAUL MOONEY TO FILE A DAMAGE CLAIM.
PAUL MOONEY RESERVES THE RIGHT TO REFUSE SERVICE TO ANY PERSON.