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Terms of Service

TERMS OF SERVICE

Thank you for visiting our website. If you want to use Smallbizmechanix.com, SecretsoftheTinyStore.com, List-building-guide.com or Tinystoresecrets.com, you must agree to conform to and be legally bound by the terms and conditions described below.

IF YOU DISAGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT USE OUR WEBSITE.

MINORS

We do not provide services or sell products to children. If you are a minor, please do not provide us or other website visitors with any personal information. Please see our privacy policy for further information.

PRIVACY POLICY IS PART OF THESE TERMS AND CONDITIONS

Our privacy policy is part of, and subject to, these terms and conditions of use. You may view our privacy policy on Smallbizmechanix.com.

Delivery of Products & Services

Smallbizmechanix.com delivers our products and services both digitally via download and physically  via US Postal Service and Federal Express. If you purchased a digital product from us through one of our sales or landing webpages, then you will receive your digital product via computer download within minutes of payment. Should you have an issue with any digital download, please contact us immediately and we will rectify the situation and get you the product purchased.

For all physical products; we mailvia Us Postal Service and/or ship via Fedex within 2 business days of purchase excluding USA Federal Holidays. All physical products are guaranateed to be free of defects upon shipping. Should you find that there is a defect on any kind, we will replace and reship any of our physical products within 7 days of notifying our office via email at info@smallbizmechanix.com.

All services purchased through this site are delivered and fulfilled based on the contractual agreement and/or terms of the sales or landing page as stated. Digital products  such as mobile apps are delivered via a third party and/or our developer to the itunes and android stores or to the client’s website once payment has been received in full.

REFUND POLICY

If you voluntarily purchase or have purchased any product, service or information from Smallbizmechanix.com, whether it be via Paypal, Visa, Mastercard, Discover or American Express, and your purchase product, service or information was not delivered within the time specified on the specific offer/page, then Smallbizmechanix.com will refund the purchase in its entirety within 2 business days.

Should you have accidently purchased any product, service or information from Smallbizmechanix.com, send an email with your receipt and/or transaction information to the email address listed at the bottom of this page and we will respond within 1 to 3 business days, excluding USA holidays. Should we find that your purchase was indeed accidental then we will issue a refund, within 2 business days, to the credit card that was used to make the accidental purchase.

All purchases made via Paypal, Visa, Mastercard, American Express and Discover are subject to the terms and conditions of the individuals cardholder agreement. Should you request a refund from Smallbizmechanix.com for any credit card purchase that was made at this site, we will process your request according to the terms set forth by said credit card issuers. If any offer on this site includes a specified guarantee period of 15, 30, 60 or 90 days, and you request a full or partial refund prior to the end date of the specified offer, we will process your refund within 2 business days of receipt of your transaction information.

All refunds are credited to the original credit card that was used for the original purchase. Smallbizmechanix.com will only credit refunds to the cardholder’s original card used for the purchase.

Digital products such as mobile apps are not refundable once the app development has been started. This is stated in our Mobile App Development agreement.

MODIFICATIONS AND TERMINATIONS

These terms and conditions may change from time to time. If such changes are made, they will be effective immediately, and we will notify you by a notice posted on our website’s home page of the changes that have been made. If you disagree with the changes that have been made, you should not use our website.

We may terminate these terms and conditions of use for any reason and at any time without notice to you.

If you are concerned about these terms and conditions of use, you should read them each time before you use our website. Any questions or concerns should be brought to our attention by sending an e-mail to info(at)smallbizmechanix.com, and providing us with information relating to your concern.

CONTENT OWNERSHIP

All content on our website is owned by us, Smallbizmechanix.com, DMK Ventures LLC or our content suppliers. On behalf of ourselves and our content suppliers, we claim all property rights, including intellectual property rights, for this content and you are not allowed to infringe upon those rights. We will prosecute to the fullest extent of the law anyone who attempts to steal our property.

You agree not to copy content from our website without our permission. Any requests to use our content should be submitted to us by e-mail to dave(at)smallbizmechanix.com.

If you believe that your intellectual property rights have been infringed upon by our website content, please notify us by sending an e-mail to dave(at)smallbizmechanix.com, or by sending mail to us at the address listed below. Please describe in detail the alleged infringement, including the factual and legal basis for your claim of ownership.

LIMITATIONS OF LIABILITY

The information on our website is provided on an ”as is,” ”as available” basis. You agree that your use of our website is at your sole risk. We disclaim all warranties of any kind, including but not limited to, any express warranties, statutory warranties, and any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our website will always be available, access will be uninterrupted, be error-free, meet your requirements, or that any defects in our website will be corrected.

Information on our website should not necessarily be relied upon and should not to be construed to be professional advice from us. We do not guarantee the accuracy or completeness of any of the information provided, and is not responsible for any loss resulting from your reliance on such information.

If your jurisdiction does not allow limitations on warranties, this limitation may not apply to you. Your sole and exclusive remedy relating to your use of the site shall be to discontinue using the site.

Under no circumstances will we be liable or responsible for any direct, indirect, incidental, consequential (including damages from loss of business, lost profits, litigation, or the like), special, exemplary, punitive, or other damages, under any legal theory, arising out of or in any way relating to our website, your website use, or the content, even if advised of the possibility of such damages.

Our total liability for any claim arising out of or relating to our website shall not exceed one hundred ($100) dollars and that amount shall be in lieu of all other remedies which you may have against us or our affiliates. Any such claim shall be subject to confidential binding arbitration as described later in these terms and conditions of use.

OBSCENE AND OFFENSIVE CONTENT

We are not responsible for any obscene or offensive content that you receive or view from others while using our website. However, if you do receive or view such content, please contact us by e-mail to dave@smallbizmechanix.com.com so that we can investigate the matter. Although we are not obligated to do so, we reserve the right to monitor, investigate, and remove obscene or offensive material posted to our website.

INDEMNIFICATION

You understand and agree that you will indemnify, defend and hold us and our affiliates harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, arising from your use of our website or your violation of these terms and conditions.

GOVERNING LAW

This policy and the use of this Site are governed by Washington State law. If a dispute arises under this Policy, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Washington.

Any costs and fees other than attorney fees( each party is responsible for its own lawyer fees) associated with the mediation will be shared equally by each of us. If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Spokane, Washington, USA under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.

Smallbizmechanix.com is controlled, operated and administered entirely within Washington State. This statement and the policies outlined herein are not intended to and do not create any contractual or other legal rights in or on behalf of any party.

SEVERABILITY OF THESE TERMS AND CONDITIONS

If any part of these terms and conditions of use are determined by a court of competent jurisdiction to be invalid or unenforceable, that part shall be limited or eliminated to the minimum extent necessary so that the remainder of these terms and conditions are fully enforceable and legally binding.

HOW TO CONTACT US

Any questions or concerns about these terms and conditions of use should be brought to our attention by e-mail to info(at)smallbizmechanix.com, and providing us with information relating to your concern.

You may also mail your concerns to us at the following address:

Smallbizmechanix.com
PO Box 102, Mead, WA 99021, USA

 

This page was last updated on March 13, 2013