THE SMALL BUSINESS BONFIRE, A SERVICE OF AVERTUA, LLC (“AVERTUA”), IS WILLING TO SELL TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS AGREEMENT. PLEASE READ THE TERMS CAREFULLY. BY CLICKING ON “I ACCEPT” YOU WILL INDICATE YOUR AGREEMENT WITH THEM. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOUR ACCEPTANCE REPRESENTS THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS, IN WHICH CASE “YOU” OR “YOUR” SHALL REFER TO YOUR ENTITY.
1. Parties. The parties to this Agreement are you, and the owner and operator of this http://smallbusinessbonfire.com website, avertua. If you are not acting on behalf of yourself as an individual, then “you” means your company or organization. All references to “us,” “this website” or “this site” shall be construed to mean avertua.
2. Purchase of Goods; Other Documents. avertua agrees to sell, and you agree to purchase, goods from this site, subject to the terms and conditions hereof. Orders are not binding upon avertua until accepted by avertua.
3. Eligibility. Orders are not available to minors under the age of 18 years of age.
4. Usage License and Restrictions. All items sold are protected by international copyrights. If item is provided by a third-party licensor, the rights are owned by licensor. You are granted non-exclusive rights to download in digital form or purchase a physical item for personal use and not for re-sale, re-distribution, transfer to others either with or without consideration, or use for any commercial purpose.
5. Purchaser Data. Data submitted during the purchase process for rights to access the goods may be shared with the content licensor to facilitate product support and updates. This data will be limited to first name, last name, address, country, phone number and e-mail address.
6. Price Quotes; Pricing. Any price quotations provided on this site shall be valid for the period stated. If no time period is stated, then the price charged for an order will be the price in effect the day avertua accepts the order. Item prices shall be identified on the online order form at the time of your order placement. avertua may change item prices at any time without notice. Prices do not include charges for shipping and handling, and applicable taxes.
7. Shipping and Handling Charges; Taxes. If applicable, separate charges for shipping and handling and taxes will be shown on our e-mail order confirmation. You will be responsible for sales and all other taxes associated with your order, except for taxes on our net income.
8. Ownership; Risk of Loss. Title to goods purchased at this site under this Agreement passes from avertua to you on shipment from avertua’s or a partner’s facility. Loss or damage that occurs during shipping by a carrier selected by avertua or its partners shall be avertua’s responsibility.
9. Warranty Disclaimer; Limitation of Liability. avertua provides the items at this site “as-is” and are provided with all faults. avertua makes no warranty of any kind, express or implied. avertua specifically disclaims the implied warranties of merchantability and fitness for a particular purpose. Further, you acknowledge and agree that the Internet is a network of private and public networks, that this site has no control over the Internet, and that this site is not liable for the discontinuance of operation of any portion of the Internet or possible regulation of the Internet which might restrict or prohibit the operation of this site’s service. No purchase or use of the items offered by this site is authorized hereunder except under this disclaimer. If implied warranties may not be disclaimed under applicable law, then any implied warranties are limited in duration to the period required by applicable law. Some states do not allow limitations on how long an implied warranty may last, so the above limitations may not apply to you.
10. Arbitration. Except for actions to protect intellectual property rights and to enforce an arbitrator’s decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association (“AAA”) then in effect. The arbitration shall take place in New Jersey, and may be conducted by telephone or online by mutual agreement of the parties. The arbitrator shall apply the laws of the State of New Jersey to all issues in dispute.
11. Jurisdiction And Venue. The courts of Warren County in the State of New Jersey, USA and the nearest U.S. District Court shall be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under this Agreement.
12. Force Majeure. Neither party shall be liable for damages for any delay or failure of delivery arising out of causes beyond their reasonable control and without their fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.
13. Miscellaneous. This Agreement constitutes the entire understanding of the parties with respect to the subject matter of this Agreement and merges all prior communications, representations, and agreements. This Agreement shall be construed under the laws of the State of New Jersey, excluding rules regarding conflicts of law. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. This license is written in English, and English is its controlling language.