Terms and Conditions of Sale

PLEASE CAREFULLY READ THESE TERMS OF USE AND TERMS AND CONDITIONS OF SALE (collectively with any amendments hereto, "TERMS AND CONDITIONS"). BY USING THIS WEB SITE OR ANY WEB SITE OF SCI BUSINESS SOLUTIONS, INC., AND/OR PLACING AN ORDER FOR SCI BUSINESS SOLUTIONS, INC.’S PRODUCTS OR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ANY AMENDMENTS THERETO.

IF YOU ARE UNDER 18 YEARS OF AGE, YOU MUST USE THIS SITE OR SCI BUSINESS SOLUTIONS, INC.’S PRODUCTS OR SERVICES ONLY WITH THE INVOLVEMENT OF YOUR PARENT OR GUARDIAN.

IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, PLEASE DO NOT USE THE SITE OR ORDER OR USE SCI BUSINESS SOLUTIONS, INC.’S PRODUCTS OR SERVICES.

Welcome to the Web site of SCI Business Solutions, Inc. (the "Site") These Terms and Conditions govern and apply to your ("you" or "your") access to and use of this Site and its related domains on which this document appears, any order you place through SCI Business Solutions, Inc.’s Web sites, and–as applicable–your use of products or services of SCI Business Solutions, Inc.  You must read these Terms and Conditions carefully before placing an order, or using the Site. By using the Site, and/or placing an order through the Site, you confirm that you have read, understood, and agree to these Terms and Conditions in their entirety. If you do not agree to these Terms and Conditions in their entirety, you must not order any product or service through or otherwise use the Site. The Terms and Conditions may be changed in the future without further notice. Your continued use of the Site and/or other products or services of SCI Business Solutions, Inc., after any such changes, constitutes your acceptance of the new Terms and Conditions. These Terms and Conditions apply to your access to, and use of, the Site, any order you place through the SCI Business Solutions, Inc. Web site and/or its related sites, and to all products and services we supply, produce, distribute, or market. To the extent of any express inconsistency with any other agreement you may have with SCI Business Solutions, Inc. for products, services, or otherwise, that other agreement shall prevail unless explicitly stated therein. If these Terms and Conditions refer or relate to a clause that is not part of that other agreement, then these terms shall apply therein as well, if you are a user of the Site. When you register for our Online Instructional Content and TeleHealth program, including, but not limited to, spinal cord injury information, exercises, safety, theory, methodology, the Message Boards, Support Team, and assessments, additional rules, policies, and disclaimers may apply. If you order a product or service through the Site, these Terms of Use will also apply.

User Conduct

You must only use the Site for lawful purposes, and you must not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of the Site. You may not, without our prior written consent,:

In using the Site, you further agree:

In addition, you agree that you will comply with all applicable local, national, and international laws and regulations that relate to your use of or activities on this Site.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Site. We have the right to remove any material or posting you make on the Site if, in our opinion, such material does not comply with the content standards set out in these Terms and Conditions.

Medical Disclaimer

No warranty or guarantee of a cure is expressed or implied with any information at this site, nor does SCI Business Solutions, Inc. make any representations regarding the use or the results obtained with the information. All information is intended for your general knowledge only and is not a substitute for medical advice or treatment for specific medical conditions.  We cannot and do not give you medical advice. You should seek prompt medical care for any specific health issues and consult your physician before purchasing any product(s).   The information contained in this online site and emails is presented in summary form only and intended to provide broad consumer understanding and knowledge of products offered.   The information should not be considered complete and should not be used in place of a visit, call, consultation or advice of your physician or other health care provider.   We do not recommend the self-management of health problems. Information obtained by using our services is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatment.   Should you have any health care-related questions, please call or see your physician or other health care provider promptly. You should never disregard medical advice or delay in seeking it because of something you have read here. We recommend getting a bone density exam prior to participating in this program or any other program developed by SCI Business Solutions, Inc.

Exercise Disclaimer

Involvement in exercise and related activities carries a significant risk of damage to property, personal injury or death. SCI Business Solutions, Inc. recommends the use of professional instruction before entering into any exercise or physical activity. You should become knowledgeable about the risks involved and assume personal responsibility for your actions. The information contained within the website, manual, DVD’s etc owned by SCI Business Solutions, Inc.  may or may not be accurate and is open to interpretation. Opinions concerning the technical difficulties, fitness requirements, and safety are subjective and may differ from yours or others opinion, therefore be warned that you must exercise your own judgment as to the difficulty and your ability to safely protect yourself from the inherent risks and dangers.

The information found on the website, manual or DVD or within any of the information products produced by SCI Business Solutions, Inc. is not intended as a substitute for medical, nutrition, or exercise advice for you personally. You should not use this information to diagnose or treat a health problem, disease, or any medical condition. Participation in an exercise/sport/nutrition program may pose a risk of permanent injury or even death. Therefore, please seek advice directly from your physician before beginning any exercise or nutritional program. Furthermore, please see your physician about any specific existing medical problems you may have before beginning any exercise or nutritional program.

Privacy Policy

In collecting your personal information, we aim to provide you with a more customized experience and to track your progress and results against those of the rest of the SCI community in an effort to improve our methods and to aid in SCI research and treatment. This information lets us provide services and features that we think are more likely to meet your needs and the needs of the SCI community as a whole.

SCI Business Solutions, Inc. collects two types of information when you visit our Web site(s) or you do business with us via any medium: information that may be used to identify you individually, such as your name, physical address, phone number, medical information, program progress and results, and email address ("personal information"); and nonpersonal information, such as IP addresses, the type of browser you are using, and aggregated information about user activities on our Web site(s) ("nonpersonal information").

Use of Cookies: We also use a feature of your browser called a cookie to assign identification to your computer. The unique user ID contained within your cookie automatically identifies your computer—but not you—to our servers every time you visit our Web site(s). Cookies by themselves cannot be used to find out the identity of any user, but may be correlated with identity information in our log files. You can turn off the cookie feature by using your browser preference options, but you may not be able to utilize some services properly. Current versions of many Web browsers offer enhanced user controls for the placement and duration of cookies. Search for "cookies" under your Web browser's Help menu for more information on the cookie management features available to you.

Use of Pixel Tags: We also collect information through the use of "pixel tags" included in email messages we may send to you. Pixel tags, also known as "Web beacons," are tiny graphic files, not visible to the human eye, that are included in HTML-encoded email messages. When such a message is opened in an HTML-capable email program, the recipient's computer will access our server to retrieve the pixel tag file, allowing us to record and store, along with the recipient's email address, the date and time the recipient viewed the email message, the fact that the recipient's email program is capable of receiving HTML-encoded email, and other standard logging information. The pixel tag may also see or read cookies. SCI Business Solutions, Inc. may use pixel tags in order to measure and understand traffic better, to track visitor behavior to improve user experience, and for tracking promotional and marketing campaign response, among others. You can disable the pixel tag feature by changing your browser settings to omit images and disable Javascript; or there are commercial software packages available that can omit pixel tags and most advertisements.

SCI Business Solutions, Inc's Use of Personal Information and Nonpersonal Information: We use your personal information to process your requests and to improve our business, including, but not limited to, improving the features of our Web site(s), and to communicate with you. We may also use your personal information as data to aid in SCI research and treatment, although we would not disclose your name in connection with that data without your prior express consent.  We may also use your personal information to personalize our Web site(s), to target advertising or promotions that may be of interest to you, to conduct business in any manner that we, in our sole discretion, deem appropriate, and to analyze aggregate user data in order to improve our services. On occasion, we may also contact you about SCI Business Solutions, Inc.’s or any of its business units' or partners' products or services that we think you will find useful. We might also contact you to see if you are interested in participating in market research regarding SCI Business Solutions, Inc. For information about opting out of such communications, please see our Opt-Out Policy section below.

Legal Requirements: We may, in our sole discretion, disclose personal information when we deem necessary or appropriate to law enforcement or other entities or third parties as required by law or to protect our rights or the rights of others, to prevent harm to persons or property, to fight fraud, identity theft, or otherwise to comply with the law or legal process, to respond to claims, to protect our systems and customers, to ensure the integrity and operation of our business and systems, or to protect the rights, property, or safety of SCI Business Solutions, Inc. and its employees or others.

Business and Accounting Disclosures: We may also disclose non-identifying transaction information to third parties for the purpose of accounting and record keeping. We may also disclose aggregate user data or nonpersonal information in order to describe our services to prospective business partners, advertisers, and others, but will do so only in a form that does not identify individual users.

Opt-Out Policy

You may opt out of receiving communication from us by emailing us at:  customerservice@scibizsolutions.com or writing to us at:

SCI Business Solutions, Inc.

5850 El Camino Real

Carlsbad, CA  92011

Attention:  (Customer Service)

In addition, when we contact you via email, we may include instructions to enable you to unsubscribe from future emails if you so choose. You agree and understand that while we will do our best to comply with your request, we shall not be liable for any problems or delays associated with the opt-out process.

Security

SCI Business Solutions, Inc. uses industry-standard security measures in place to protect the loss, misuse, and alteration of the information under our control, and we make good-faith efforts to store your personal information in a secure operating environment. Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure. As a result, while we strive to protect your personal information, we cannot ensure or warrant the security of any information you transmit to us or our online products or services, and you do so at your own risk.

Other Web Sites; Links

On our Web site(s) and in communication with you, we may include links or referrals to businesses and Web sites operated by our business partners, affiliates, advertisers, and others. These third parties have separate data collection and privacy practices independent from ours, and thus SCI Business Solutions, Inc. cannot be responsible for their policies or activities. Please contact those third parties directly if you have questions about their privacy policies.

Community Center/Community Chat Rooms/Message Boards

Our Web site(s) includes online forums, chat rooms, message boards, and other interactive technologies that allow comments, messages, emails, and postings to be associated with a user's name or email address. Any information you post is public information, and SCI Business Solutions, Inc. cannot control what use third parties may make of this personal information.

All of these forums are public. Please consider this before you post.

Copyright and Trademarks

All Site materials, including, without limitation, the Products, website, manuals DVD’s (Telehealth Home Based SCI Recovery System), and all SCI Business Solutions, Inc. product logos, design, text, graphics, software, other files, and the selection and arrangement thereof (the "Content") are Copyright © 1998–2012 . ALL RIGHTS RESERVED. SCI Business Solutions, Inc. or its suppliers or licensors own and retain other proprietary rights in all products available through the Site. Except as stated herein, none of the Content may be copied, modified, reproduced, distributed, republished, downloaded, performed, displayed, posted, transmitted, sold, or made into derivative works in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of SCI Business Solutions, Inc. or the respective copyright owner. You may not, without the express written permission of SCI Business Solutions, Inc. or the respective copyright owner, (a) copy, publish, or post any materials on any computer network or broadcast or publications media; (b) modify the materials; or (c) remove or alter any copyright or other proprietary notices contained in the materials. You also may not (a) sell, resell, or make commercial use of the Site, its content, or services or products obtained through the Site; (b) collect and use of any product listings or descriptions; (c) make derivative uses of the Site or its Content; or (d) use of any data mining, robots, or similar data gathering and extraction methods. You are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary right of SCI Business Solutions, Inc. or any third party.

Trademarks: Together with other logos and product names described on this Site, the following are trademarks or registered trademarks of SCI Business Solutions, Inc. in the United States and other countries: Project Walk, Dardzinski Method, Telehealth SCI Home Based Recovery System.  These trademarks may not be copied, imitated, or used, in whole or in part, without the prior written permission of SCI Business Solutions, Inc. or the rights holder. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of SCI Business Solutions, Inc., and may not be copied, imitated, or used, in whole or in part, without the prior written permission of SCI Business Solutions, Inc. Other names and brands may be claimed as the property of others.

Copyright Policy and Copyright Agent

It is SCI Business Solutions, Inc.’s policy to respect the copyright and intellectual property rights of others. SCI Business Solutions, Inc. may remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, SCI Business Solutions, Inc. may terminate access by users who appear to infringe the copyright or other intellectual property rights of others. Further, SCI Business Solutions, Inc. complies with the Digital Millennium Copyright Act.

If you believe that SCI Business Solutions, Inc. or any user of our Site has infringed your copyright in any material way, please notify SCI Business Solutions, Inc., and provide the following:

Please direct inquiries regarding intellectual property infringement issues by email to (info@scibizsolutions.com), or by mail to:

SCI Business Solutions, Inc.  

5850 El Camino Real

Carlsbad, CA  92011

Attn.: (Customer Service).

 

Indemnification

You agree to indemnify and hold harmless SCI Business Solutions, Inc., its parents, subsidiaries, shareholders, officers, directors, employees, agents, and suppliers from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your use of the Site, your violation of these Terms and Conditions, or your violation of any rights of a third party.

Product Information

For questions about the products or services on this Site, please use the Customer Service email links found on each product page or section. For questions about orders placed through the Site or otherwise, please use the Customer Service link in the email receipt you receive or by visiting the online Customer Service Center.

Our Guarantee

Unless stated otherwise, all SCI Business Solutions, Inc. products that are sold to the user carry a 30-day money-back guarantee (less shipping and handling) from the date of delivery from the manufacturer or distributor of the product in the event that you are not 100% satisfied with your purchase. This excludes any online content that is solely online based. If you choose to return any products to us, we will not be responsible for any loss or damage to them in transit. If returned products are lost or damaged in transit, we reserve the right to charge you (or not to refund any amounts attributable to) such loss or damage. Should you experience any difficulty or delay in returning a product and securing the proper refund, please visit our online Customer Service Center.

Product and Service Descriptions

We have taken reasonable precautions to try to ensure that prices quoted on the Site are correct and that all products have been fairly described. However, when ordering products or services through the Site, please note that:

Order and Payment Information

If you use the Site or other means to purchase a product, payment must be received by SCI Business Solutions, Inc. prior to SCI Business Solutions, Inc.’s acceptance of an order, unless otherwise agreed by SCI Business Solutions, Inc.   SCI Business Solutions, Inc. may need to verify information you provide before SCI Business Solutions, Inc. accepts an order, and may cancel or limit an order any time after it has been placed. If payment has already been made and your order is cancelled or limited, SCI Business Solutions, Inc. will refund any payment you made for the product that will not be shipped due to cancellation or limitation of an order in the same tender as the original purchase. SCI Business Solutions, Inc. expressly conditions its acceptance of your order on your agreement to these Terms and Conditions.

In ordering products through the Site or otherwise, you agree to provide only true, accurate, current, and complete information. You hereby certify that any email account you provide to SCI Business Solutions, Inc. is registered to you. SCI Business Solutions, Inc. shall have the right to bar your access to and use of the Site or its other products or services if it has reasonable grounds to believe that you have provided untrue, inaccurate, not current, or incomplete information to SCI Business Solutions, Inc., or for any other reason it, in its sole discretion, deems appropriate. You agree that if you are ordering or purchasing products on behalf of a company, that you have sufficient authority to bind that company to the Terms and Conditions. You agree that your placement of an electronic order on the Site is sufficient to satisfy any applicable Statute of Frauds, and no further writing is required.

SCI Business Solutions, Inc. will add applicable shipping and handling fees.

SCI Business Solutions, Inc. reserves the right without prior notice to discontinue or change specifications and prices on products offered on and outside of the Site without incurring any obligation to you.

SCI Business Solutions, Inc.’s descriptions of, or references to, products not owned by SCI Business Solutions, Inc. on and outside of the Site do not imply endorsement of that product, or constitute a warranty, by SCI Business Solutions, Inc.

Shipping

Unless otherwise noted, SCI Business Solutions, Inc. will use its best efforts to ship products within four weeks of the receipt of a properly completed order. However, any delivery or shipment date provided by SCI Business Solutions, Inc. to you is SCI Business Solutions, Inc. good-faith estimate. You understand that product availability may be limited and particular products may not be available for immediate delivery. SCI Business Solutions, Inc. shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery. SCI Business Solutions, Inc. cannot ship to P.O. boxes.

Automatic Renewal

With regard to any product made available to you on a monthly (or other period) subscription as sold through the Site or otherwise (including any free trial product) (the "Product"), the default term of our agreement shall be for so long as we make the Product available to you. IF YOU HAVE PROVIDED US WITH A VALID CREDIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, YOUR SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED (AND CHARGED TO THE ACCOUNT YOU HAVE PROVIDED) FOR ANOTHER TERM AT THE EXPIRATION OF YOUR CURRENT TERM, WHENEVER LOCAL REGULATIONS ALLOW, FOR A FEE NO GREATER THAN OUR THEN-CURRENT PRICE, EXCLUDING PROMOTIONAL AND DISCOUNT PRICING.

The new term will be for the same duration as the expired term unless otherwise specified at time of renewal. This renewal will be processed (and your card charged) within 30 days prior to the expiration of the term and each period thereafter. IF YOU DO NOT DESIRE TO HAVE YOUR SUBSCRIPTION AUTOMATICALLY RENEWED, YOU MUST, PRIOR TO THE EXPIRATION OF YOUR SUBSCRIPTION TERM, INFORM US OF YOUR INTENTION NOT TO RENEW YOUR SUBSCRIPTION TO THE PRODUCT.

You must provide current, complete, and accurate information for your billing account. You are responsible for ensuring this information is correct and must promptly update all information to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date). You must promptly notify us if your credit card is cancelled (for example, for loss or theft). Changes to such information can be made by contacting Customer Service.

We reserve the right to refuse or discontinue the supply of the Product to any user at any time at our sole discretion.

Warranties

CERTAIN WARRANTIES WITH RESPECT TO PARTICULAR PRODUCTS FOR SALE ON OR OUTSIDE THE SITE MAY BE APPLICABLE THROUGH MANUFACTURERS' WARRANTIES, THOUGH NOT THROUGH SCI BUSINESS SOLUTIONS, INC. SEE THE WARRANTIES INCLUDED IN THE DOCUMENTATION ALONG WITH THE PRODUCTS FOR FURTHER DETAILS REGARDING WARRANTIES PROVIDED BY MANUFACTURERS OF PRODUCTS AVAILABLE THROUGH OR OUTSIDE THE SITE.

Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT USE OF THIS SITE AND OTHER PRODUCTS AND SERVICES OF SCI BUSINESS SOLUTIONS, INC. IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE THROUGH IT AND OTHERWISE ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS.

YOU ACKNOWLEDGE THAT SCI BUSINESS SOLUTIONS, INC. DOES NOT CONTROL IN ANY RESPECT ANY ADVERTISEMENTS, PRODUCT DESCRIPTIONS, PRODUCTS, OR CONTENT OFFERED BY THIRD PARTIES ON OR THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO, INFORMATION OR PRODUCTS PROVIDED BY LICENSE TO SCI BUSINESS SOLUTIONS, INC. FROM THIRD PARTIES. EXCEPT AS OTHERWISE AGREED IN WRITING, SCI BUSINESS SOLUTIONS, INC. AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, OR USEFULNESS OF CONTENT OR PRODUCTS (INCLUDING PRODUCT DESCRIPTIONS) DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH OR OUTSIDE OF THIS SITE. NOR DOES SCI BUSINESS SOLUTIONS, INC. MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, ANY PRODUCTS OR SERVICES OFFERED OR SOLD THROUGH THE SITE, OR ITS CONTENT.

ALTHOUGH SCI BUSINESS SOLUTIONS, INC. STRIVES TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE SITE, SCI BUSINESS SOLUTIONS, INC. DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS THAT THIS SITE IS FREE OF DESTRUCTIVE MATERIALS. IN ADDITION, SCI BUSINESS SOLUTIONS, INC. DOES NOT WARRANT THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED.

SCI BUSINESS SOLUTIONS, INC. DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS SITE WILL BE MAINTAINED. TO THE EXTENT ALLOWED BY LAW, SCI BUSINESS SOLUTIONS, INC. DISCLAIMS ALL WARRANTIES NOT EXPLICITLY STATED HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

The terms of this section survive any termination of the Terms and Conditions.

Limitations on Liability

WE EXCLUDE ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND TERMS (WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE) TO THE FULLEST EXTENT PERMITTED BY LAW.

IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL SCI BUSINESS SOLUTIONS, INC. OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES, CLAIMS, OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH: (I) THE SITE; (II) THE USE OR INABILITY TO USE THIS SITE; (III) THE USE OF OR RELIANCE ON ANY CONTENT OR INFORMATION DISPLAYED IN OR ON THE SITE; (IV) THE PURCHASE OR USE OF ANY PRODUCTS THROUGH THE SITE OR OTHERWISE; (V) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED; (VI) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, OR FILE CORRUPTION OR SERVICE INTERRUPTIONS; OR (VII) OTHERWISE UNDER THIS AGREEMENT/TERMS AND CONDITIONS, WHETHER OR NOT REASONABLY FORESEEABLE, EVEN IF SCI BUSINESS SOLUTIONS, INC. OR ITS REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SCI BUSINESS SOLUTIONS, INC.'S LIABILITY TO YOU FOR ANY CAUSE OF ACTION OR CLAIM WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU IN THE LAST 90 DAYS TO SCI BUSINESS SOLUTIONS, INC. FOR ANY PRODUCTS SUPPLIED BY SCI BUSINESS SOLUTIONS, INC. THROUGH YOUR USE OF THE SITE OR OTHERWISE.

SCI BUSINESS SOLUTIONS, INC. WILL NOT BE LIABLE IN ANY AMOUNT FOR FAILURE TO PERFORM ANY OBLIGATION UNDER THESE TERMS AND CONDITIONS IF SUCH FAILURE IS CAUSED BY THE OCCURRENCE OF ANY UNFORESEEN CONTINGENCY BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET OUTAGES, COMMUNICATIONS OUTAGES, FIRE, FLOOD, OR WAR.

THESE EXCLUSIONS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAW OF THE UNITED STATES OF AMERICA. IF ANY PROVISION OF THESE DISCLAIMERS AND EXCLUSIONS SHALL BE UNLAWFUL, VOID, OR FOR ANY REASON UNENFORCEABLE THEN THAT PROVISION SHALL BE DEEMED SEVERABLE AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF THE REMAINING PROVISIONS.

The terms of this section survive any termination of the Terms and Conditions.

SEC Disclosure

The information contained within press releases issued by SCI Business Solutions, Inc. should not be deemed accurate or current except as of the date the release was posted. SCI Business Solutions, Inc. has no intention of updating, and specifically disclaims any duty to update, the information in the press releases. To the extent any information therein is forward-looking, it is intended to fit within the safe harbor for forward-looking statements, and is subject to material risk.

International Users

This Site is controlled, operated, and administered by SCI Business Solutions, Inc. from its offices within the United States of America.  SCI Business Solutions, Inc. makes no representation that materials on the Site are appropriate or available for use at other locations outside of the United States, and access to them from territories where the contents or products available through the Site are illegal is prohibited. You may not use the Site or export the content or products in violation of U.S. export laws and regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws.

Termination

Notwithstanding any of these Terms and Conditions, SCI Business Solutions, Inc. reserves the right, without notice and in its sole discretion, for any reason or no reason, to terminate your ability to use the Site and to block or prevent future access to and use of the Site. You agree that SCI Business Solutions, Inc. shall not be liable for any termination of your use of or access to the Site.

Third-party rights

Only you and SCI Business Solutions, Inc. shall be entitled to enforce these Terms and Conditions. No third party shall be entitled to enforce any of these Terms and Conditions.

Severability

If any provision of these Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.

The terms of this section survive any termination of the Terms and Conditions.

Language

It is the express intent of the parties that the Terms and Conditions and all related documents have been drawn up in English.

Applicable Law and Venue

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to the Terms and Conditions or your use of the Site shall be filed only in the Superior Court of San Diego County, California, or the United States District Court for the Southern District of California, and except as stated herein you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of the Terms and Conditions. Notwithstanding the above, any controversy or claim related to this Agreement shall be resolved exclusively by arbitration in accordance with the Federal Arbitration Act (Title 9, U. S. Code) (the "Act"). The Act will apply even though this Agreement provides that it is governed by the laws of California. Arbitration proceedings will be determined in accordance with the Act, the rules and procedures for the arbitration of financial services disputes of JAMS/Endispute, LLC, a Delaware limited liability company or any successor thereof ("JAMS"), except that discovery in said arbitration shall be limited in scope to the specifics of liability on the Claim, and any discovery related to damages calculations or any financials shall be withheld until after liability has been decided by the arbitrator(s). In the event of any inconsistency between the JAMS rules and this paragraph, the terms of this paragraph shall control. The arbitration shall be administered by JAMS and conducted in San Diego, California. All Claims shall be determined by one arbitrator; however, if Claims exceed Five Million Dollars, upon the request of either SCI Business Solutions, Inc. or You, the Claims shall be decided by three arbitrators. All arbitration hearings shall commence within ninety (90) days of the demand for arbitration and close within ninety (90) days of commencement and the award of the arbitrator(s) shall be issued within thirty (30) days of the close of the hearing. However, the arbitrator(s), upon a showing of good cause, may extend the commencement of the hearing for up to an additional sixty (60) days. The arbitrator(s) shall provide a concise written statement of reasons for the award. The arbitration award may be submitted to any court having jurisdiction to be confirmed and enforced. The arbitrator(s) will have the authority to decide whether any Claim is barred by the statute of limitations and, if so, to dismiss the arbitration on that basis. For purposes of the application of the statute of limitations, the service on JAMS under applicable JAMS rules of a notice of Claim is the equivalent of the filing of a lawsuit. Any dispute concerning this arbitration provision or whether a Claim is arbitrable shall be determined by the arbitrator(s). The arbitrator(s) shall have the power to award legal fees pursuant to the terms of this Agreement. This paragraph does not limit the right of SCI Business Solutions, Inc. to: (i) exercise self-help remedies, such as, but not limited to, setoff; (ii) initiate judicial or non-judicial foreclosure against any real or personal property collateral; (iii) exercise any judicial or power of sale rights, or (iv) act in a court of law to obtain an interim remedy, such as, but not limited to, injunctive relief, writ of possession or appointment of a receiver, or additional or supplementary remedies. The prevailing party in any action or arbitration related to these Terms and Conditions shall be entitled to its reasonable attorney fees and costs.

The terms of this section survive any termination of the Terms and Conditions.

General

The Terms and Conditions constitute the entire agreement between SCI Business Solutions, Inc. and you with respect to your use of the Site, your purchase of products and services through the site, and as applicable any products or services of SCI Business Solutions, Inc. Any cause of action you may have with respect to the Site or SCI Business Solutions Inc.'s products or services must be commenced within one (1) year after the claim or cause of action arises, notwithstanding any statutes of limitation to the contrary. Any failure by SCI Business Solutions, Inc. to enforce or exercise any provision of the Terms and Conditions or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms and Conditions are purely for convenience and carry with them no legal or contractual effect. Nothing in these Terms and Conditions will be construed as creating a joint venture, partnership, employment, or agency relationship between you and SCI Business Solutions, Inc. and you do not have any authority to create any obligation or make any representation on SCI Business Solutions Inc.'s behalf. You may not assign or transfer any rights or obligations of these Terms and Conditions, by operation of law or otherwise, without SCI Business Solutions, Inc's written consent. Subject to the foregoing, these Terms and Conditions will be binding on, inure to the benefit of, and be enforceable against you and SCI Business Solutions, Inc. and their respective successors and assigns.

The terms of this section survive any termination of the Terms and Conditions.

Other important terms

We may update or amend these Terms and Conditions from time to time to comply with law or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on the Site. The Terms and Conditions displayed on the Web site at the time the order is accepted will apply to the order.

These Terms and Conditions supersede any other terms and conditions previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise. We may assign, transfer, or sub-contract any of our rights or obligations under these Terms and Conditions to any third party at our discretion. No delay by us in exercising any right or remedy under these Terms and Conditions shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.