Introduction

Welcome to Austin Blood’s, Austin Blood Inc. and Austin Blood Publications, Inc. (hereinafter “Austin Blood Inc.”, “Our,” or “We”). This Agreement sets forth the legal terms and conditions for your use of Our website, AustinBlood.com (“Website”) and for your online purchase of any of Our products or services.

Modification

We reserve the right to amend or modify this Agreement or to change or discontinue any of the products and services provided on the Website. By continuing to use the Website or by purchasing any of Our products or services after any amendment, modification or change, you agree to be bound by such amendments, modifications, and changes.

Eligibility

You represent that you are at least 18 years old.

Term

The term of this Agreement begins when you first use the Website and the term ends 10 years after your last visit to the Website. This Agreement remains in full force after any termination of this Agreement.

Ownership and Copyright Restrictions

The Website is owned and operated by Austin Blood Inc. The Website, including, but not limited to, any and all software, content, text, photographs, images, graphics, video, audio, hypermedia items, and the compilation as a whole (collectively “Content”), is copyrighted by Austin Blood Inc. under U.S. copyright and other applicable laws. You also must abide by all additional copyright notices or restrictions contained in this Website or elsewhere. You may not delete any author attributions or legal or proprietary notices on this Website or elsewhere.

Access and Use

Austin Blood Inc. grants you a limited, revocable, and nonexclusive right and license to access and make personal use of the Website provided that you (i) do not infringe on the Website by copying or distributing any part of the Website or its Content without Our prior written consent, which may be withheld in Our sole discretion; (ii) do not modify, change, alter, or in any way transform any part of the Website or its Content; and (iii) always comply with this Agreement regarding the use of the Website or its Content. No part of the Website or its Content may be reproduced, duplicated, copied, sold, resold, visited, or exploited for any commercial purpose without the express written consent of Austin Blood Inc., which may be withheld in Our sole discretion. Any unauthorized or illegal use of the Website or its Content including, but not limited to, collecting names, emails, addresses, and other personal information to send unsolicited email is strictly prohibited and terminates the right and license granted hereinabove. We may take legal action for any violation of this Agreement.

Trademarks

All Content, product names, trademarks, service marks and logos on this Website are wholly owned or validly licensed by Austin Blood Inc. Trademarks, service marks and logos owned by third parties remain the property of such third parties.

Idea Submission

If you submit any idea, suggestion or testimonial to Austin Blood Inc., We have the right to use your submission, without charge, in any manner that We deem appropriate, including posting on the Internet. You may only post ideas and materials to this Website if you have obtained appropriate copyright and other permission to post such materials from Austin Blood Inc. and you agree that We can use such materials without restriction or charge. You agree that you will not violate or infringe the rights of third parties including, but not limited to, privacy, publicity and intellectual and proprietary rights, such as copyright or trademark rights.

Accuracy of Information 

We attempt to be as accurate as possible when describing our products on the Website; however, to the extent permitted by applicable law, We do not warrant that the product descriptions, prices, colors, or other Content available on the Website is accurate, complete reliable, current, or error free. 

Customer Orders and Order Acknowledgment Policy

All orders are subject to acceptance in accordance with Our Order Acknowledgment Policy and availability. If the product or service you order is not available from stock, that item will be removed from the current order and placed on back-order status, and the remaining products or services that are available from stock will be shipped. The back-ordered product or service will be sent when it returns to stock. Please note that your order will become a legally binding contract entered in between us upon dispatch of your order. Your receipt of any form of order confirmation does not signify Our acceptance of your order, nor does it constitute confirmation of Our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We reserve the right at any time after receipt of your order and without prior notice to or consent from you, to supply less than the quantity you ordered of any item. The contract between you and Austin Blood Inc. will be completed on the dispatch of the products or services ordered unless We do not accept your order or you have cancelled it in accordance with our Cancellation Policy. We reserve the right to reject any offer to purchase by you at any time and in Our sole discretion.

Cancellation Policy

Upon submission of your order, We may immediately prepare all stock items for delivery. You can cancel your order at any stage until shipment, unless it is a custom order. If it is a custom order, you may still cancel at any stage until shipment, but you will be responsible for any and all costs incurred by Austin Blood Inc.. If you would like to request cancellation of an order, please contact us as soon as possible.

Refund Policy

Austin Blood, Inc. does not issue refunds of any sort on electronic products that can be download or viewed. If you purchase a physical product, you may return it within 30 days if the product is unopened.

Payment Terms

We accept the following credit cards: Visa, MasterCard, and Discover. You represent that the credit card you use to purchase products and services on the Website belongs to you and it is within your authority to make charges on the credit card. Please be sure to provide your exact billing address and telephone number—the address and telephone number your credit card company has on file for you. Incorrect information will cause a delay in processing your order, for which We are not liable. You authorize us to charge you for any products or services purchased on the Website using your credit card. The credit card will be automatically billed when there is a balance due and this may occur within the same business day as the purchase. All currency references are in U.S. dollars. If a purchase has been declined due to issues with the underlying credit card, please ensure that the data is correct and resubmit it. If the issuer of your payment card refuses to authorize payment to Austin Blood Inc., We will not be liable for any delay or non-delivery. Your goods will be dispatched only when We receive confirmed and cleared payment. Please allow sufficient time for your payment to clear. If your payment method fails or your account is past due, We may collect fees owed by using other collection mechanisms including, but not limited to, charging other payment methods on file with us, or retaining collection agencies and legal counsel.

Encryption Disclaimer

The Website uses encryption technology to protect information from access by unauthorized third parties. We do not, however, represent or guarantee that the encryption technology will operate as intended or that a third party will not be able to access such information. If you have any concerns about sending such information over the Internet, you should use an alternative means of payment. By sending any information over the Internet, in connection with your use of the Website, you agree that We will not have any liability if the applicable encryption technology fails to protect your information.

We have strict customer confidentiality policies in Our online Privacy policy, which is fully incorporated herein by reference. By continuing to use the Website or by purchasing any of Our products or services you agree to be bound by Our Privacy policy and all future amendments, modifications and changes thereto. Consistent with these policies, you must not collect, distribute or gather personal or aggregate information including, but not limited to, Internet or e-mail addresses, about any Independent Consultants, their clients or any other user.

Refund Policy/Services Refund Policy

The buyer may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction. The buyer must submit in writing (e-mail) their request for notice of cancellation within 72 hours. Within 10 days any monies received will be reimbursed. Email all cancellations and requests to: [email protected]

Pricing Policy

All accounts are billed at a variable rate depending on client needs. The rate ranges from $100 – $150/hr. All consultations are conducted via telephone or Skype.

Privacy Policy

This privacy policy sets out how Austin Blood uses and protects any information that you give Austin Blood when you use this website. Austin Blood is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.

Austin Blood may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 10/1/15.

What we collect:

We may collect the following information:

  • Name and job title
  • Contact information including email address
  • Demographic information such as postcode, preferences and interests
  • Other information relevant to customer surveys and/or offers

What we do with the information we gather:

We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

  • Internal record keeping.
  • We may use the information to improve our products and services.
  • We may periodically send promotional emails about new products, special offers or other information that we think you may find interesting using the email address which you have provided.
  • From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customize the website according to your interests.

Security

We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

How we use cookies

A cookie is a small file, which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyze web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

We use traffic log cookies to identify which pages are being used. This helps us analyze data about webpage traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

 

Links to other websites

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information that you provide whilst visiting such sites and this privacy statement does not govern such sites. You should exercise caution and look at the privacy statement applicable to the website in question.

Controlling your personal information

You may choose to restrict the collection or use of your personal information in the following ways:

  • Whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
  • If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at [email address]

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties that we think you may find interesting if you tell us that you wish this to happen.

You may request details of personal information that we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to [address].

If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.

Anti-Spam Policy

We strictly prohibit sending of unsolicited bulk e-mail (spam). Spam is defined as sending ten or more messages similar in content to any persons, entities, newsgroups, forums, e-mail lists, or other groups or lists unless prior authorization has been obtained from the e-mail recipient or unless a business or personal relationship has already been established with the e-mail recipient. We also prohibit using false headers in e-mails or falsifying, forging, or altering the origin of any e-mail in connection with Austin Blood Inc., its products, services or the Website. We prohibit engaging in any of the foregoing activities by using the service of another provider, remailer service, or otherwise. If you or anyone you know is “Spammed” by someone who is selling or describing Our products, services, or the Website please contact us promptly via email so We may take appropriate action.

DISCLAIMER

YOU EXPRESSLY AGREE THAT YOUR USE OF AUSTIN BLOOD INC. PRODUCTS, SERVICES AND THIS WEBSITE IS AT YOUR SOLE RISK. AUSTIN BLOOD INC., ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, OR USEFULNESS WITH RESPECT TO AUSTIN BLOOD INC. PRODUCTS AND SERVICES, THIS WEBSITE, INFORMATION CONTAINED ON THE WEBSITE OR THE OPPORTUNITY TO BECOME AN INDEPENDENT CONSULTANT (COLLECTIVELY HEREAFTER, “SERVICE”). THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.”

YOU RELY ON THIS SERVICE SOLELY AT YOUR OWN RISK. WE DO NOT REPRESENT OR WARRANT THAT THIS SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE INFORMATION OR OTHER MATERIALS THAT ARE AVAILABLE ON OR THROUGH THIS SERVICE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS, INCLUDING LOSS OF DATA, RESULTING FROM YOUR DOWNLOADING OR USE OF THIS WEBSITE OR THIS SERVICE. ALTHOUGH WE MAY TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES AND OTHER DESTRUCTIVE MATERIALS TO THIS SERVICE, WE DO NOT GUARANTEE OR WARRANT THAT THIS SERVICE, OR MATERIALS THAT MAY BE DOWNLOADED FROM THIS SERVICE, DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO THE FOREGOING.

LIMITED LIABILITY

YOU AGREE THAT AUSTIN BLOOD INC., ITS AFFILIATES, AGENTS, INDEPENDENT CONSULTANTS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, HEIRS AND ASSIGNS WILL NOT BE LIABLE FOR ANY CLAIM, LOSS, DAMAGES, EXPENSES OR COSTS WHETHER DIRECT OR INDIRECT, INCLUDING, BUT NOT LIMITED TO, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, LOST PROFITS OR OTHERWISE, ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, YOUR USE OR INABILITY TO USE THIS SERVICE, YOUR PURCHASE OR USE OF AUSTIN BLOOD INC. PRODUCTS, SERVICES OR INFORMATION, OR FROM UNAUTHORIZED ACCESS OR ALTERATION OF YOUR TRANSMISSION OR DATA. YOU HEREBY WAIVE ANY CLAIM WITH RESPECT THERETO, WHETHER BASED ON CONTRACTUAL, TORT, OR OTHER GROUNDS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY AND ALL CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), STATUTORY, OR OTHER CLAIMS ARISING OUT OF OR RELATED TO OUR PRODUCTS, SERVICES OR THE WEBSITE IS LIMITED TO THE AGGREGATE SUM OF $250.

Indemnification

You agree to indemnify and hold harmless Austin Blood Inc., its affiliates, agents, independent consultants, and their respective officers, directors, employees, agents, heirs and assigns from any and all liabilities, claims, expenses and damages, including reasonable attorneys’ fees and costs, arising out of, or in any way related to, your use of this Service, sale or information regarding Austin Blood Inc. products or services, or in connection with your account or any other person’s use or access to this service by or through your account, with or without your permission, including, but not limited to, any claims or libel, defamation, violation of rights of privacy or publicity, trespass and infringement of intellectual or other proprietary rights.

Arbitration Clause

If dispute arises out of or relates to this contract, or breach thereof, and if said so dispute cannot be settled through direct discussion, the parties agree at first endeavor to settle the dispute in an amicable manner by mediation administrated by the American Arbitration Association under its Mediation Rules before resorting to arbitration. Thereafter any unsolved controversy or claim arising out of said contract, or breach thereof shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration rules and judgment upon the reward rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Waiver

No delay or omission by either party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. Further, no waiver of any provision or breach hereof is a waiver of any other provision or breach. The terms and conditions of this Agreement may be waived or amended only in writing and only by the party that is entitled to the benefits of the term(s) or condition(s) being waived or amended.

Remedies Cumulative

All remedies provided for in this Agreement shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity, or otherwise.

Final Agreement

This Agreement constitutes the complete, final and exclusive integrated Agreement between you and Austin Blood Inc. regarding the subject matter hereof. Austin Blood Inc. reserves the right to amend or modify this Agreement at any time.

Severability

Any provision of this Agreement held to violate any law or public policy in any jurisdiction is, as to that jurisdiction only, ineffective only to the extent of the invalidity, without affecting any other provision hereof, and each provision hereof is valid and enforceable to the fullest extent permitted by law.

Authority to Execute 

The party entering into this Agreement acknowledges, represents and warrants that they are expressly and duly authorized to execute this Agreement and to legally bind said party to this Agreement.

Choice of Law

This Agreement is governed by, and must be construed and enforced in accordance with the laws of the State of California, excluding principles of conflicts of laws, and by purchasing Austin Blood Inc. products or services or entering the Website you agree to exclusive personal jurisdiction and venue in the state of federal courts of the United States, located in the State of California and County of Orange.

Electronic Communications

When you visit the Website or send e-mails to Austin Blood Inc., you are communicating with us electronically. You thereby consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Contract Interpretation

The headings in this Agreement shall not affect the interpretation of this Agreement. “Or” shall not be exclusive in its meaning.

Notices

You may contact us by writing to Austin Blood Inc: 25108 Marguerite Parkway, Mission Viejo, CA 92692

Copyright ©2014 Austin Blood Inc. All Rights Reserved.

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