Terms of Sale
1. My copyrighted e-books are for the personal use of the purchaser only. Therefore:
2. Reproduction, transmission, or publication of the content in any manner, without express permission of the publisher, is prohibited. To generate my books took many years of effort in obtaining an education, research, and writing. Therefore, if you copy any of my e-books or other copyrighted material in any way or otherwise provide others with access to the content of any material copyrighted by me, you are stealing something from me that took an enormous effort and expense to generate. Therefore, if you steal from me in this way, or violate my copyright in any way, you agree that I may steal from you, too. In other words, I can legally take or seize your property without limitation—which is fair, considering that: a) you're the one who "started this fight" (so to speak), and b) you never asked for, or obtained, my permission to steal on a limited basis. Therefore, do not steal or copy my e-books in any way, or permit others to do so, unless you want to give me the permanent right to seize your home, bank accounts, future wages, and other assets.
3. You agree not to post, publish, transmit, or otherwise disseminate any summary, condensation, abridged version, abstract, "Readers Digest version," "Cliffs Notes version," or other synopsis of my book. You understand and agree that, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated, then you will be liable to pay me $700,000 as liquidated damages for each violation of this clause plus all of my costs incurred in the collection of that penalty.
4. I reserve the right to use any technological means to deter, investigate, and prosecute any violation of these Terms of Sale, and you agree to fully cooperate with any such means.
5. As stated above, my e-books are solely for individual personal use. They cannot be used for any commercial, corporate, or organizational purposes unless permission is first granted in writing by Dr. Pezzi and an additional fee is paid, the amount of which varies depending on your intended usage. To determine the fee for your commercial, corporate, or organizational purpose, contact Dr. Pezzi and fully disclose your proposed usage. You may not transmit one of Dr. Pezzi's e-books, in whole or in part, to anyone representing a business, corporation, or organization, or to any computer owned or leased by a business, unless you first obtain a signed authorization from Dr. Pezzi. If you fail to comply with this provision, you understand and agree that you and the recipient will each be liable to pay Dr. Pezzi liquidated damages of $7,500,000 plus all fees incurred in the collection of the penalty, including court costs, attorney fees, and other expenses, for each instance of violating this provision.
6. You understand and agree that I reserve the right to modify or discontinue, temporarily or permanently, any product or service at any time with or without notice to you. You agree that I shall not be liable to you or any third party for any modification or discontinuance of any item or service currently offered for sale.
7. CONNECTIVITY: You understand and agree that I have no obligation to provide you with the means to connect to any of my web sites or to use them in any way, including but not limited to viewing or otherwise accessing the content of my e-books. You are solely responsible for obtaining Internet access through a suitable computer. Furthermore, you understand and agree that I have no obligation to assist you if you cannot utilize my sites or e-books through their normal user interface, regardless of whether your inability is caused by a physical, mental, or other disability.
8. If you purchase a product or service from me that requires an e-mail response (such as if you purchase an e-book for which you must be given its download link), you are solely responsible for giving me a functional, valid e-mail address. I occasionally receive orders from people using e-mail addresses that obviously are not valid, and even more frequently I receive orders from non-functional e-mail addresses that, for example, bounce messages sent to them with various failure notices, most typically "Mailbox is full; user exceeded their quota." If you order from me, I will bend over backwards to deliver what you purchase. For example, for customers who give me obviously invalid e-mail addresses, I will try to guess what your real address is. That guessing game isn't always easy, so it may take multiple attempts on my part to send a message that you receive. (If I only had a crystal ball, or if I only had customers who were attentive enough to give me a valid e-mail address!) If your e-mail address is not valid, I may not be able to guess it, and if your e-mail account is not accepting incoming messages, or is otherwise not functional, I may not be able to contact you. That is either your fault, or the fault of your e-mail provider, not my fault, so if you fail to comply with this provision, you understand and agree that you are voluntarily relinquishing your right to dispute non-receipt of the goods or services ordered.
9. SPECIAL NOTICE REGARDING HOTMAIL: In my extensive experience, Hotmail is an unreliable e-mail service provider that fails to deliver legitimate messages to Hotmail users at an unacceptable rate. If you purchase a product or service from me that requires an e-mail response (such as if you purchase an e-book for which you must be given its download link), you are advised to place your order using a non-Hotmail e-mail address, or to provide me with an alternative (that is, non-Hotmail) e-mail address. If you fail to comply with this provision, you understand and agree that you are voluntarily relinquishing your right to dispute non-receipt of the goods or services ordered. If you order with a Hotmail address and do not give me an alternative address, I will of course send you the download link (or whatever you ordered) to your Hotmail address BUT WHETHER YOU RECEIVE IT IS ANOTHER MATTER. Hotmail is unreliable and I have no control over their third-rate performance, nor do I want any of the headaches involved in dealing with them or with their users. If you ordered an e-book, I have NO incentive to not give the download link to you, because writing the book (and doing the research for it) was the hard part. Sending download links is easy. So would I ever purposely NOT give the download link to a customer? Never! I want happy customers, so I endeavor not just to give you the download link, but to do that as soon as possible after you place your order. However, some factors are out of my control, such as if you are using Hotmail.
10. DISPUTE RESOLUTION: If there is any dispute involving any item or service, you agree that the dispute will be governed by and construed in accordance with the laws of the State of Michigan without regard to the conflict of law provisions of Michigan or your actual state or country of residence. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
11. GENERAL: You certify that you have read and that you agree to be bound by the terms and conditions in this agreement. If any provision of the agreement is found by a court to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the agreement remain in full force and effect. The failure of Dr. Pezzi and/or IdeaTeem, Inc. to enforce any right or provision of this agreement shall not constitute a waiver of such right or provision. The section titles in this agreement are for convenience only and have no legal or contractual effect. These Terms of Sale constitute the entire agreement between you and Dr. Pezzi and/or IdeaTeem, Inc. with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms of Sale will be effective only if in writing and signed by Dr. Kevin Pezzi. You hereby consent to the exchange of information and documents between us electronically over the Internet or by e-mail, and that this electronic Agreement shall be the equivalent of a written paper agreement between us.
If you violate any of the above terms of sale:
1. You automatically forfeit your right to receive future editions of the e-book.
2. You agree to defend, indemnify, and hold me and my corporation (IdeaTeem, Inc.), its officers, directors, employees, agents, subsidiaries, affiliates and any other related third parties, harmless relative to any liabilities, damages, losses, costs, and/or expenses, to include reasonable and actual attorney fees, directly or indirectly relating to or arising out of your violation of any of these Terms of Sale.
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