E-COMMERCE TERMS AND CONDITIONS OF SALE

1 DEFINITIONS

1.1 "Buyer" means the individual or organization who buys or agrees to buy the Goods from the Seller;
1.2 "Consumer" means someone who buys Goods from the Seller and who does so otherwise than in the course of a business;
1.3 "Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;
1.4 "Downloadable" means having an ability to place an electronic computer file onto a computer or computer server by means of the computer's operating software capabilities.
1.5 "Goods" means the goods and/or services that the Buyer agrees to buy from the Seller;
1.6 ".PDF" means an electronic computer file with the extension designated by .pdf.
1.7 "Seller" means GetToThePointBooks.com, a company incorporated in the United States of America, State of Texas.
1.8 "Terms and Conditions" means the terms and conditions of sale set out in this document;
1.9 "Website" means this website (or any replacement website substituted therefore by the Seller).

2 CONDITIONS

2.1 Nothing in these Terms and Conditions shall affect the Buyer's statutory rights as a Consumer.
2.2 These Terms and Conditions shall apply to all Contracts for the sale of Goods by the Seller to the Buyer through the Website and shall prevail over any other documentation or communication from the Buyer. For the avoidance of doubt, the Seller reserves the right to amend the Terms and Conditions at any time without notice, and the terms and conditions applicable to each such Contract between the Buyer and the Seller shall be those prevailing at the time of an order being placed by the Buyer.
2.3 Submission by the Buyer of an order for Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Terms and Conditions.
2.4 No variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be permitted.

3 GOODS AND ORDERING

3.1 The GOODS offered are in the form of electronic files in .PDF format that are downloadable onto computers or computer servers and accessible by using the Adobe Acrobat Reader software program. If you do not have the software program you can obtain it at not cost at www.adobe.com and selecting the appropriate software download option. You may also click on the above Adobe Acrobat Reader icon to begin the download process.
3.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason. It should be noted that an acknowledgement of order may also be issued which shall not be deemed to be acceptance of an order unless stated otherwise.
3.3 Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund.
3.4 When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described in the Order Process section within the website.
3.5 Certain security checks may also require to be carried out by the Seller, in which event any sale to a Buyer is subject to the Seller receiving satisfactory results (at its sole discretion) from such checks.

4 PRICE AND PAYMENT

4.1 The Price of the Goods shall be that stipulated on the Seller's Website.
4.2 The total purchase price will be displayed in the Buyer's shopping cart prior to confirming the order.
4.3 Payment of the Price must be made in full before dispatch of the Goods. Payment is to be made by any of the credit cards accepted by the Seller, details of which are noted on the Website. All orders are subject to authorization of payment by the relevant card issuer prior to dispatch of the Goods (or, as the case may be, delivery of any Goods which consist of services).

5 RIGHTS OF SELLER

5.1 The Seller reserves the right to adjust the price and specification or content of the Goods on the Website at its discretion and without notice.
5.2 The Seller reserves the right to withdraw any Goods from the Website at any time without notice.
5.3 The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to accept an order.
5.4 The Goods are all proprietary property of GetToThePointBooks.com and/or its contributing authors. You may not reprint or distribute any of our Goods without permission for any use other than as described in the Terms and Conditions contained in this document.
5.5 The Buyer agrees to only Download, or cause to be Downloaded, the number of copies not to exceed the number of copies purchased by the Buyer. The Buyer agrees that in the case of using the Goods in a training workshop or other group training event, that each participant is provided an "original downloaded" copy of the Goods. No photocopies are allowed.
5.6 Apart from Terms and Conditions set forth in this document, no part of the Goods may be reproduced, stored in a retrieval system, or transmitted in any form or by any means presently known or to be invented, including electronic, mechanical, photocopying, recording, or otherwise, without the prior and express written permission of the publisher, except for the brief inclusion of quotation in a review.
5.6 Reprinting without our expressed permission is considered intellectual property theft. We are protected by "The Digital Millennium Copyright Act" http://www.copyright.gov/legislation/dmca.pdf and will aggressively pursue violators of our expressed policies.
5.7 All of GetToThePointBooks.com on this site are registered at the Copyright Office of the US Library of Congress and as such, any unauthorized uses are subject to statutory damages of up to $150,000.
5.8 We also use the services of digital tracking companies who spider the web to detect unauthorized use(s) of our work(s) (even altered) and automatically generate Digital Millennium Act notices to the infringers.

6 AGE OF CONSENT

6.1 Where Goods may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods.
6.2 If the Seller discovers or is of the opinion (as to which the Seller shall have sole discretion) that the Buyer is not legally entitled to order certain Goods, the Seller shall be entitled to cancel the order immediately, without notice.

7 WARRANTY

7.1 The Seller cannot describe every detail of the Goods in the Website and each description is therefore subject to abbreviation. The Seller reserves the right to alter the specification, description, or contents of Goods on the Website without notice.
7.2 Except where the Buyer is dealing as a Consumer, all other warranties, conditions, or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, common law or otherwise are excluded. Any recommendation or suggestion relating to any of the Goods and made by the Seller is given in good faith. but it is for the Buyer to satisfy themselves as to the suitability of the Goods for the Buyer's purposes.
7.3 The Goods may consist of goods and/or services to be delivered online. In such circumstances, the Seller shall have no liability for any temporary unavailability of such Goods due to any failure of the Website, any telecommunications system and/or the world wide web in general, including any downtime of the Website due to planned or emergency maintenance.

8 DELIVERY

8.1 The Seller shall use its reasonable endeavors to meet any date agreed for delivery. Notwithstanding the foregoing, time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
8.4 Delivery of the Goods shall be made to an IP or email address specified by the Buyer in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery by accessing such IP or email address.

9 CANCELLATION AND RETURNS

Once the Buyer downloads the Goods from the Site, the Goods can not be cancelled or returned. Buyers must take it upon themselves to review, evaluate, and make a final decision prior to downloading the Goods. It is the sole responsibility of the Buyer to satisfy themselves as to the suitability of the Goods for the Buyer's purposes.

10 LIMITATION OF LIABILITY

Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever suffered by the Buyer.

11 WAIVER

No waiver or delay by the Seller (whether expressed or implied) in enforcing any of its rights under this Contract shall prejudice its rights to do so in the future.

12 FORCE MAJEURE

The Seller shall not 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, breakdown of plant or equipment or shortage or unavailability of Goods for any source of supply, and the Seller shall be entitled to a reasonable extension of its obligations. The Seller shall endeavor to notify the Buyer as soon as possible should any such events or circumstances occur.

13 SEVERANCE

If any term or provision of these Terms and Conditions 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 these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.

14 CHANGES TO TERMS AND CONDITIONS

The Seller shall be entitled to change these Terms and Conditions at any time without notice.

15 GOVERNING LAW AND JURISDICTION

These Terms and Conditions shall be governed by and construed in accordance with the laws of United States of America, State of Texas.

TERMS AND CONDITIONS OF USE

1 ACCEPTANCE OF TERMS

1.1 Your access to and use of GetToThePointBooks.com ("the Website") and the services outlined in Clause 2, are subject to these Terms and Conditions. You will not use the Website/Services for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website/Services you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website/Services.
1.2 We reserve the right to update or amend these Terms and Conditions at any time and your continued use of the Website/Services following any changes shall be deemed to be your acceptance of such change. It is therefore your responsibility to check the Terms and Conditions regularly for any changes.

2 THE SERVICES

The Website may provide communication tools such as email, bulletin boards, chat areas, news groups, forums and/or other message or communication facilities ("the Services") designed to enable you to communicate with others. Unless stated otherwise the Services are for your personal and non-commercial use only.

3 CHILD SUPERVISION

We are concerned about the safety and privacy of our users, particularly children. Parents who wish to allow their children access to and use of the Website/Services should supervise such access and use. By allowing your child access to the Services you are allowing your child access to all of the Services, including email, bulletin boards, chat areas, news groups, forums and/or other message or communication facilities. It is therefore your responsibility to determine which Services are appropriate for your child. Always use caution when revealing personally identifiable information about yourself or your children via any of the Services. We would refer you to our Privacy Statement in relation to our use of any personal data provided by you.

4 USER ACCOUNT, PASSWORD AND SECURITY

If a particular Service requires you to open an account you will be required to complete the registration process by providing certain information and registering a username and password for use with the Services. You are responsible for maintaining the confidentiality of the username and password and also for all activities that take place under your account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. In no event will we be liable for any loss or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person's account at any time, without the express permission of the account holder.

5 ACCEPTABLE USE

5.1 You acknowledge that all information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials ("the Content"), whether posted publicly or transmitted privately, are the sole responsibility of the person from whom such Content originated. We do not control or endorse any Content originating from any third party and cannot guarantee the accuracy, integrity or quality of such Content and you acknowledge that by using the Services you may be exposed to Content that is offensive and/or indecent. We will not be liable in any way for any Content or for any loss or damage of any kind resulting from the use of any Content transmitted via the Services and you agree to bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content.
5.2 In using the Website/Services you agree not to:
5.2.1 use the Services to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise (the fact that a third party participates in certain of the Services should not be taken as implying that they request information to be emailed to them);
5.2.2 post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful;
5.2.3 post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise;
5.2.4 threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;
5.2.5 use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party;
5.2.6 make available or upload files that contain a virus, worm, Trojan horse or corrupt data that may damage the operation of the computer or property of another;
5.2.7 collect or store, for any purpose, personal information about others, including email addresses;
5.2.8 advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication facility specifically allows such messages;
5.2.9 impersonate any person or entity for the purpose of misleading others (including the forging of headers or email addresses);
5.2.10 violate any applicable laws or regulations;
5.2.11 use the Website/Services in any manner that could damage, disable, overburden or impair the Website/Services or interfere with any other party's use and enjoyment of the Website/Services;
5.2.12 post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement);
5.2.13 attempt to gain unauthorized access to any of the Services, other accounts, computer systems or networks connected to the Website/Services through hacking, password mining or any other means.
5.3 We have no obligation to monitor the Services but shall be entitled to review materials posted to a communications facility and, at our sole discretion, to remove any material that breaches these Terms and Conditions or is otherwise objectionable.
5.4 We reserve the right to report to the relevant authorities, including the police, any use of the Website and/or the Services which may constitute a criminal offence or other breach of law.

6 TERMINATION

We have the right to terminate your access to any or all of the Services at any time, without notice, for any reason, including without limitation, breach of these Terms and Conditions.

We may also at any time, at our sole discretion, discontinue the Website/Services or any part thereof without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to the Website/Services.

7 LINKS TO THIRD PARTY WEBSITES

The Website/Services may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.

8 INTERNATIONAL USE

You agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside and with all local laws and rules regarding acceptable use of and conduct on the Internet.

9 INTELLECTUAL PROPERTY RIGHTS

9.1 The Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website and the Services) are protected by copyright, trade marks, patents and other intellectual property rights and laws. In accessing the Website you agree that you will access the contents solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
9.2 We do not claim ownership of any materials you post, upload or submit to any publicly accessible area of the Services. However, by doing so you are granting to us a world-wide, royalty free, non-exclusive license to copy, distribute, transmit, reproduce, publicly display, edit, translate or publish such Content for as long as you elect to display such Content via the Services. The license shall be terminated when such Content is deleted from the Services.

10 INDEMNITY

You agree to indemnify and hold us and our employees and agents harmless from and against any liability arising from any breach by you of these Terms and Conditions and any claim or demand brought against us by any third party arising out of your use of the Website, the Services and/or any Content submitted, posted or transmitted through the Services, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by us in consequence of your breach of these Terms and Conditions.

11 DISCLAIMERS AND LIMITATION OF LIABILITY

11.1 Use of the Website/Services is at your own risk. The Website/Services are provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
11.2 To the extent permitted by law, we will not be liable for any loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website/Services.
11.3 We make no warranty that the Website/Services will meet your requirements, that the Content will be accurate or reliable, that the functionality of the Website/Services will be uninterrupted or error free, that defects will be corrected or that the Website/Services or the server that makes them available are free of viruses or anything else that may be harmful or destructive.
11.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of GetToThePointBooks.com for death or personal injury as a result of our negligence of or that of our employees or agents.
11.5 Nothing in these Terms and Conditions shall affect your statutory rights as a consumer.

12 SEVERANCE

If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

13 GOVERNING LAW

These Terms and Conditions shall be governed by and construed in accordance with the laws of the United States of America, State of Texas and you hereby submit to the exclusive jurisdiction of the such courts.

PRIVACY STATEMENT

1) GetToThePointBooks.com is owned and operated by The Ryan Group, P.O. Box 12604, Dallas, Texas 75225. GetToThePointBooks.com is committed to protecting your privacy and maintaining the security of any personal information received from you. We strictly adhere to the requirements of the data protection legislation in the United States of America.

The purpose of the following statement is to explain to you what personal information we collect and how we may use it.

2) When you order, we need to know your name, address, telephone number, email address and applicable credit card information. This allows us to process and fulfill your order. You have the option to withhold personal information that is not required for the order process.

3) We use your personal information to update you about new products/services. Where indicated, we will only contact you with your consent.

4) We may from time to time exchange your personal information with any third party for commercial reasons. This is in addition to any transfer of data that is an essential requirement for credit card validation during purchase and for processing your payments. For this your credit card details will be passed to our internet payment gateway service provider, but will not be stored by GetToThePointBooks.com.

5) We follow strict security procedures in the storage and disclosure of information which you have given us, to prevent unauthorized access in accordance with applicable data protection legislation.

6) We do not collect sensitive information about you except when you specifically knowingly provide it.

7) We use a technology called "cookies" as part of a normal business procedure to track patterns of behavior of visitors to our site. A cookie is an element of data that our Website sends to your browser which is then stored on your system. You can set your browser to prevent this happening. Any information collected in this way can be used to identify you unless you change your browser settings.

8) In order to process credit card transactions, the internet payment gateway service provider may require us to verify your personal details for authorization whether within or outside the United States of America.

9) In order to maintain the accuracy of our database, you can check, update or remove your personal details by sending us an email and are entitled to receive a copy of the information we hold.

10) If you have any questions about privacy, or wish to update your details or have them removed from our mailing list at any time, please contact us at wayne.davis [at] ryangroupinc.com.

GENERAL TERMS AND CONDITIONS

1 ACCEPTANCE OF TERMS

Your access to and use of GetToThePointBooks.com ("the Website") is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.

2 ADVICE

The contents of the Website do not constitute advice and should not be relied upon in making, or refraining from making, any decision.

3 CHANGES TO WEBSITE

GetToThePointBooks.com reserves the right to:

3.1 change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that GetToThePointBooks.com shall not be liable to you for any such change or removal; and
3.2 change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.

4 LINKS TO THIRD PARTY WEBSITES

The Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.

5 COPYRIGHT

5.1 All copyright, trade marks, database rights, and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to GetToThePointBooks.com or otherwise used by GetToThePointBooks.com as permitted by law. You may not exploit, use, link to, frame or reproduce any copyright material, trade marks or other intellectual property rights without the prior written consent of GetToThePointBooks.com or its licensors.
5.2 In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.

6 DISCLAIMERS AND LIMITATION OF LIABILITY

6.1 The Website is provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. Though GetToThePointBooks.com takes all reasonable steps to ensure that the Website is free from so-called computer viruses, this cannot be guaranteed and you are responsible to check for such viruses before downloading on to your computer or server.
6.2 To the extent permitted by law, GetToThePointBooks.com will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website. Subject to Clause 6.4 below, under no circumstances shall GetToThePointBooks.com liability for any claims hereunder exceed the prices paid by you for any goods and services supplied via the Website.
6.3 GetToThePointBooks.com makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
6.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of GetToThePointBooks.com for death or personal injury as a result of the negligence of GetToThePointBooks.com or that of its employees or agents.

7 INDEMNITY

You agree to indemnify and hold GetToThePointBooks.com and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against GetToThePointBooks.com arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website. GetToThePointBooks.com shall be entitled to terminate your access to the Website or any part of it in its sole discretion including, without limiting its rights in any way, for over use or abuse.

8 SEVERANCE

9 USE OF YOUR INFORMATION

You agree to the use of your information in accordance with the terms of our Privacy Statement.

10 GOVERNING LAW

These Terms and Conditions shall be governed by and construed in accordance with the law of the United States of America, State of Texas and you hereby submit to the exclusive jurisdiction. GetToThePointBooks.com P.O. Box 12604, Dallas, Texas 75225.