Terms and Conditions
PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT CONTAINS A BINDING ARBITRATION CLAUSE. NOTE: These Terms and Conditions of Sale apply to direct purchases made from Attainment Company, Inc., (a.k.a. "Attainment Company") by phone, the Internet, or fax. These terms and conditions ("Agreement") apply to your purchase of products and/or services and support ("Product") sold by Attainment Company. By accepting delivery of the Product, you accept and are bound to the terms and conditions of this Agreement. If you do not wish to be bound by this Agreement, you must notify Attainment Company and return your purchase pursuant to Attainment Company's Return Policy. THIS AGREEMENT SHALL APPLY UNLESS (I) YOU HAVE A SEPARATE PURCHASE AGREEMENT WITH ATTAINMENT COMPANY, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (II) OTHER ATTAINMENT COMPANY TERMS AND CONDITIONS APPLY TO THE TRANSACTION.
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 Attainment Company. If you do not receive an invoice or acknowledgement in the mail, via email, or with your product, information about your purchase may be obtained by contacting customer support at 800-327-4269.
Payment Terms and Orders. Terms of payment are within Attainment Company’s sole discretion, and unless otherwise agreed to by Attainment Company, payment must be received by Attainment Company prior to acceptance of an order. Payment for products will be made by credit card, purchase order, check or money order. Your order is subject to cancellation by Attainment Company, at Attainment Company's sole discretion. Unless you and Attainment Company have agreed to a different discount, Attainment Company's standard pricing policy for Attainment Company's branded products, which include hardware, software, videos, and services in one discounted price, allocates the discount off list price applicable to the service portion of the system to be equal to the overall calculated percentage discount off list price on the entire system. Attainment Company is not responsible for pricing, typographical, or other errors in any offer by Attainment Company and reserves the right to cancel any orders resulting from such errors.
Shipping Charges; Taxes; Risk of Loss. Orders shipped in the U.S. and Canada are charged a 5% shipping and handling fee and are shipped regular ground service. The minimum shipping fee is $5.00. For international orders, there is a 15% shipping charge of the order with a minimum charge of $15.00 (in U.S. Dollars), unless otherwise expressly indicated at the time of sale. Sales tax applies for customers in Wisconsin and California. Loss or damage that occurs during shipping by a carrier selected by Attainment Company is Attainment Company's responsibility. You must notify Attainment Company within 30 days of the date of your invoice or acknowledgement if you believe any part of your purchase is missing, incorrect or damaged. Shipping dates are estimates only.
Software. All software is provided subject to license agreements and you agree that you will be bound by such license agreement in addition to these terms.
Return Policies and Exchanges. We'll make return a product as fast and easy as ordering. Contact us and we'll help you arrange a return, replacement, or exchange.
Changed or Discontinued Product. Attainment Company's policy is one of ongoing update and revision. Attainment Company may revise and discontinue Product at any time without notice to you and this may affect information saved in your online "cart." Attainment Company will ship Product that has the functionality and performance of the Product ordered, but changes between what is shipped and what is described in a specification sheet or catalog are possible. Parts used in repairing or servicing Product may be new, equivalent-to-new, or reconditioned.
Service and Support. Service offerings may vary. In addition to these terms and conditions, Attainment Company will provide service and support for select products. Attainment Company will have no liability for loss or recovery of data, programs or loss of use of system(s) arising out of the services or support or any act or omission, including negligence. Attainment Company is not permitted by law to copy pirated or copyrighted materials or to copy or handle illegal data. Prior to Attainment Company providing service or support, you represent that your system(s) does not contain illegal files or data. You also represent that you own the copyright or have a license to make copies to all files on your system and do not have any data that would cause Attainment Company to be liable for copyright infringement if such data was copied by Attainment Company. Parts used in repairing or servicing Product(s) may be new, equivalent-to-new or reconditioned.
Limitation of Liability. ATTAINMENT 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 SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT. EXCEPT AS EXPRESSLY PROVIDED HEREIN, ATTAINMENT 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, ATTAINMENT 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.
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. Attainment Company has separate terms and conditions governing resale of Product and transactions outside the United States.
Governing Law. THE PARTIES 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 CUSTOMER AND ATTAINMENT COMPANY arising from or relating to this agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this agreement, Attainment Company's advertising, or any related purchase SHALL BE GOVERNED BY THE LAWS OF THE STATE OF WISCONSIN WITHOUT REGARD TO CONFLICTS OF LAW. Binding Arbitration. ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND ATTAINMENT COMPANY, its agents, employees, principals, successors, assigns, affiliates (collectively for purposes of this paragraph, "Attainment Company") arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), Attainment Family's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under its Code of Procedure then in effect (available via the Internet at http://www.arb-forum.com, or via telephone at 1-800-474-2371). In the event of any inconsistency or conflict between NAF Code of Procedure and this Agreement, this Agreement shall control. The arbitration will be limited solely to the dispute or controversy between customer and Attainment Company. NEITHER CUSTOMER NOR ATTAINMENT COMPANY SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The individual (non-class) nature of this dispute provision goes to the essence of the parties' arbitration agreement, and if found unenforceable, the entire arbitration provision shall not be enforced. This transaction involves interstate commerce, and this provision shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA). Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Attainment Company will not be responsible for paying any individual customer arbitration fees. If any customer prevails on any claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for fees, the Arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law. Otherwise, each party shall pay for its own costs and attorneys' fees, if any. Information may be obtained and claims may be filed with the NAF at P.O. Box 50191, Minneapolis, MN 55405.