Payment & Cancellation Agreement

THIS AGREEMENT (“Agreement”) is made between Kois Tribal Management, Inc., a Washington corporation (“Buyers Group”), and any person who indicates his/her acceptance of its terms and conditions below (“you” or “your”).

PURCHASE OF BUYERS GROUP CENTER PRODUCTS

The next part of this Agreement (Sections 12 through 22) applies if you are purchasing “Products,” as defined below, from Buyers Group online:

1. Definition of “Products.” The term “Products” applies to any item available for purchase from Buyers Group through the Buyers Group Ordering Products online through the Buyers Group Website constitutes your acceptance of and agreement to comply with the terms and conditions of this Agreement.
2. Ordering To place your order for one or more of the Products, simply add items to your online shopping cart and proceed through checkout. All prices are in U.S. Dollars. Payment in full is required at the time of purchase. You are also responsible for all shipping and handling charges.
3. Credit Card Authorization for the If you elect to pay for the Products with your credit card then you: (i) authorize Buyers Group to charge your card for the full amount for the Products plus all handling and shipping charges in a single payment less any amount for the Products for which you applied your available Customer Credit and/or paid with your issued Buyers Group Bucks, as described in Section 15;(ii) consent to the transfer of your encrypted credit card information and the dollar amount of the transaction to external companies for credit verification; and (iii) agree to pay the amount charged according to the card issuer agreement.

4. Return Policy for the Except as otherwise provided with respect to a particular Product, Buyers Group will give you a full refund for the amount paid for a Product (excluding the dollar value of the Buyers Group Bucks that you applied towards the payment of the Product) if:

• You are not 100% satisfied with a Product and you contact Buyers Group within thirty (30) days of receiving the Product.

5. Policies, License and Except as may be otherwise expressly stated in writing with respect to a particular Product, the Products are provided without any expressed or implied warranty.
6. No Warranty by Buyers Group and Assumption of EXCEPT AS MAY OTHERWISE BE STATED IN WRITING WITH RESPECT TO A PARTICULAR PRODUCT, THE PRODUCTS THAT ARE AVAILABLE FOR PURCHASE ON THE BUYERS GROUP WEBSITE ARE BEING PURCHASED BY YOU IN THEIR “AS IS” CONDITION WITHOUT ANY EXPRESSED OR IMPLIED WARRANTIES OF ANY KIND BY BUYERS GROUP AND BY JOHN C. BUYERS GROUP, D.M.D., M.S.D., INCLUDING ANY WARRANTY THAT A PRODUCT IS APPROPRIATE FOR YOU AND/OR YOUR DENTAL PRACTICE AND INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY WARRANTY, OR DESIGN WARRANTY. IN NO EVENT SHALL BUYERS GROUP, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES AND AGENTS, AND JOHN C. BUYERS GROUP, D.M.D., M.S.D. BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCTS, EVEN IF BUYERS GROUP AND/OR JOHN C. BUYERS GROUP, D.M.D., M.S.D. WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.BY PURCHASING A PRODUCT YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE PRODUCT AND YOU AGREE THAT BUYERS GROUP, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES AND AGENTS AND JOHN C. BUYERS GROUP, D.M.D., M.S.D. DO NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY PRODUCT MADE AVAILABLE FOR PURCHASE ON THE WEBSITE. YOU FURTHER AGREE THAT BUYERS GROUP, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES AND AGENTS AND JOHN C. BUYERS GROUP, D.M.D., M.S.D. WILL NOT BE LIABLE FOR ANY COMPENSATORY, SPECIAL, DIRECT, INCIDENTAL, INDIRECT, CONSEQUENTIAL DAMAGES, EXEMPLARY DAMAGES OR ANY OTHER DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE PRODUCTS, HOWEVER CAUSED, WHETHER FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, OR OTHERWISE, AND WHETHER OR NOT BUYERS GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

I.  COMMON TERMS AND CONDITIONS

This part of the Agreement (Sections 23 through 29) contains provisions that apply to any online course registration and online purchase of Products.

7. You agree to defend, indemnify and to hold Buyers Group (including all of its members, managers, officers, employees, and agents) harmless from all claims, damages, costs and expenses (including the attorneys’ fees of the indemnified parties), arising out of or related to: (i) your use of the Products (including any alteration or modification of a Text Product made by you); (ii) any inaccuracy of a warranty or representation made by you in this Agreement; and/or (iii) your breach or violation of any term or conditions of this Agreement. If you are a legal entity with limited liability, e.g., a limited liability company or a corporation, then your acceptance of this Agreement documents the agreement of your individual owners to be jointly and severally liable for your obligations under this Section 23.
8. Your duty and obligation to defend and indemnify Buyers Group, its members, managers, officers, employees and agents under this Agreement and the duty and obligation of each of your individual owners, if you are a separate legal entity with limited liability, shall continue and survive the termination of this Agreement.
9. Right to Modify and Buyers Group has the right to modify and amend the terms and conditions of this Agreement at any time, except no such modification or amendment shall affect any course registration or Product order submitted and accepted by Buyers Group prior to the effective date of such modification and amendment. You acknowledge and agree that you need to consult the terms and conditions of this Agreement each time you register for a Buyers Group sponsored course or order Products through this Website. Any rights not expressly granted by Buyers Group herein are reserved.
10. Governing This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Washington, as it is applied to agreements entered into and to be performed entirely within such State. You also agree and hereby submit to the exclusive jurisdiction of the courts of King County, Washington and the United States District Court for the State of Washington with respect to all actions and proceedings arising out of or pertaining to this Agreement.
11. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, but not limited to, then the invalid or unenforceable provision will be deemed severed from this Agreement and such court shall replace such severed provision by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
12. Attorneys In the event you breach this Agreement and Buyers Group is required to retain legal counsel to enforce its rights hereunder (whether Buyers Group commences legal proceedings or not), you agree to pay the costs and reasonable attorneys’ fees incurred by Buyers Group in enforcing its rights.
13. Entire This Agreement constitutes the entire agreement between you and Buyers Group with respect to your online registration for a course and/or your online purchase of Products and supersedes all prior agreements, whether electronic, oral, or written, between you and Buyers Group regarding the same. A printed version of this Agreement shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.