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MSA or Bulk Ordering Arrangements

To the extent an order is being placed under a signed Master Services Agreement or other bulk ordering agreement, the terms and conditions of those agreements shall apply.

Taxes and Charges

Client is responsible, without limitation, for all applicable shipping and handling charges, sales and/or withholding taxes. VitalSmarts will add such charges and taxes to the invoice and Client will be responsible for payment of such taxes, unless Client provides to VitalSmarts a valid exemption certificate or other document acceptable to the authority imposing the tax. Client is responsible for all duties and other government fees applicable to the purchase and import of VitalSmarts products.

Shipping and Payment

All orders are shipped F.O.B. shipping point. Unless otherwise specified in the applicable order confirmation, payment is due 30 days following receipt of invoice.

Order Cancellation (other than training)

All purchases are non-cancellable and non-refundable. VitalSmarts will, as its sole remedy, replace defective product with conforming product provided returns are made within 10 business days of receipt. Fees for postponing or cancelling training class are set forth below.

Cancellation of Training Classes

If Client cancels a class, training, or session, with more than 30 days notice to Company, there is no cancellation fee. If Client cancels with 30 days or less notice to Company, Client is responsible for 100% of the fee for the class, training or session. Notice of cancellation must be in writing and will be deemed given when received by Company. Notice may be given via e-mail to cancellation at vitalsmarts dot com or overnight courier addressed to: Attn: Customer Service, 282 River Bend Lane, Provo, UT 84604, USA.

Copyright Protection

All goods, materials and other information delivered to Client, including during training and facilitation sessions, are subject to copyright protection and are licensed for the limited internal use by Client on a non-exclusive, non-transferable basis.

Limited Warranty

VitalSmarts warrants that programs, materials and services provided are non-infringing and will comply with published product specifications. With the exception of the foregoing, all programs, materials and services are provided without warranty, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

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