This Sale Agreement is a legal contract between the Customer and Something Better Corporation. The Customer accepts this Sale Agreement by making a purchase, placing an order, or otherwise shopping on the Site. The terms and conditions of this Sale Agreement are subject to change without prior notice, except that the terms and conditions posted on the Site at the time the Customer initially places or modifies an order will govern the order in question. In the event of any conflict between the terms and conditions stated on your purchase order and this Sale Agreement or any terms and conditions on our invoice, you agree that the provisions of this Sale Agreement and our invoice shall control. This Agreement is Between SBC and Customer.
Purchase Of Any Training By Sbc, Either Hands-on, Dvds & Videos Or Both
I, the undersigned Student/Contractor/Representative who or whom has been trained under the completion of any of the SBC Decorative Concrete Training Courses either by DVD Training or Hands-On Training, “Student/Contractor/Representative” of SBC, and educator/Owner of SBC, Bryan J. Gauthier, hereinafter “Owner”, recognize that during the course of my training, I will be exposed to confidential and unique information, including but not limited to trade secrets pertaining to material formulations, application procedures, exclusive SBC trade concepts and all other teachings provided by SBC for the purpose of benefiting myself in personal applications of all knowledge or skills attained by SBC for personal use or as a contractor offering only construction services in relation to knowledge or skills attained by SBC.
Furthermore I, the Student/Consumer of SBC , recognize clearly that my agreement to this Covenant Not To Compete is by no means enforced by my actions to perform my skills or knowledge attained during my training for Personal Applications or Contracting Services of installations of product examples learned from SBC. However, I fully recognize and clearly agree to the Primary Enforcement and Terms of this Covenant Not To Compete as by no means shall I personally, or by any means by anyone associated with myself Profit in anyway by Teaching or conducting any means or form of classes or training in any form in relation to any form of information or skills acquired during my training under SBC. It is obvious that employee's will need to be trained on procedures & Methods, they too are required to sign this non-compete form for your own liability and business interest, as well as ours. SBC will provide all necessary documents.
I agree that in the event that SBC believes I have violated this Covenant Not To Compete by any means of training or educating personally or by anyone associated with myself, SBC may notify any other person, corporation or entity of the existence of this Covenant Not To Compete, will be entitled to full injunctive relief from any breach of this Covenant Not To Compete, and will be entitled to recover from myself SBC’s actual damages, punitive damages, attorney’s fees and cost incurred due to the breach of this Agreement.
I agree that this Covenant Not To Compete is reasonably necessary to protect SBC ’s legitimate interest and does not impose any undue hardship on myself. By completing this purchase, I hereby agree to all terms indicated and affirm that I have read this Covenant Not To Compete and fully understand and agree to all of its provisions.
SBC Terms & Conditions to Purchase of any SBC Products, Materials & Tools
Full and Final Mutual Release Between Something Better Corporation & Student/Customer
The Student is responsible for any outcome of their actions brought forth by attempting to use any suggestions given to Student during or after this class or during or after online training. The Teacher of this class or any assistants or employees of Something Better Company are not liable for any injury, health impairment or accident that may befall any person utilizing techniques suggested in this class. For the same consideration, the parties further agree not to make claim or take proceedings against one another or any other person or entity which may claim contribution or indemnity under the provisions of any statute or otherwise.
I have read and understand all the above terms in this Mutual Release. I am of sound mind and not under or subject to duress, fraud or undue influence. I am a competent adult who understands and accepts all terms in this Mutual Release.
Yes I agree that, In order to purchase and use any SBC Product(s) and Training I agree to take full responsibility for any outcome by me doing so. SBC Provides their advice and opinions, the product user/ SBC Customer/Student is entirely responsible for any outcome of their actions brought forth by attempting to use any suggestions stated within SBC training and products demonstrated. SBC,its distribution, and any individuals affiliated are not liable for any injury, health impairment, or accident that may befall any person utilizing techniques or instructions provided by SBC and any individual associated with SBC. Product(s) are limited to proper installation and all liabilities, risk and any additional cost that may be incurred from a customers efforts and installation, let it be known that all responsibilities and cost or consequences rest entirely on the user of product(s), training or advice provided by SBC. By agreeing to these terms and conditions I am acknowledging that SBC is not liable for any of my actions, outcomes or consequences brought forth by using, handling and storing of SBC product(s). I the consumer am responsible for keeping any product(s) purchased from SBC out of the reach of children or any individual unfamiliar with SBC product(s), as well as keeping purchased product(s)out of reach from any animals. Also I agree to dispose of any product in compliance with the law.
All pricing subject to change. For all prices, products and offers, Something Better Corporation reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer's price changes, errors in advertisements and other extenuating circumstances. Something Better Corporation uses its best efforts to put accurate and up-to-date information on the Site, but Something Better Corporation makes no warranties or representations as to the Site's accuracy. Something Better Corporation assumes no liability or responsibility for any errors or omissions in the content on the Site.
Orders are not binding upon Something Better Corporation until accepted and confirmed by Something Better Corporation. Once an order has been placed and accepted by Something Better Corporation, the order is not cancelable unless the shipment is unavoidably delayed. The order can be cancelled only on the following conditions;
Penalty of $15.00 or 4% of the total invoice amount, whichever greater
Something Better Corporation cancels due to its inability to ship the goods.
We Accept Visa, Master Card, American Express, Discover, Pay Pal, We do not accept online COD or credit cards issued by any financial institutions outside of the United States. We also accept Cashier's Check & Money Order, however shipping will be made after the payments have been cleared
For all other payment methods, please contact us at [email protected]
The Customer is responsible for sales and all other taxes associated with the order.
All orders require at least 24 ~ 48 hours of processing time.
All shipping dates are approximate and are subject to the availability of goods and receipt of all necessary information. All shipments are insured and guaranteed against loss, theft, and damage. Something Better Corporation will not be responsible, however, for any damage, loss, or expenses arising from delays in shipment or other non-performance of this Sale Agreement by or imposed by:
Acts of God, Riots, Natural Disaster, Fires, Strikes, Governmental action, or any other cause beyond Something Better Corporation Address corrections made while in transit will be an additional expense to the credit card holder as we incur charges from the shipping carrier for the service. Refused or undeliverable shipments will be subject to a 15% or $25.00, whichever greater, restocking fee, in addition to the applicable shipping expenses, insurance fees, and any losses incurred by Something Better Corporation. Extra shipping charges may be applied to orders that are considered oversize products.
For the Customer's protection, we ship only to the verified billing address of the Customer's credit card
All returns for refunds/exchanges must be made within 14 business days from the invoice date DEFECTIVE returns can be returned directly to Something Better Corporation within 14 business days from the invoice date, at Something Better Corporation's discretion for: credit, replacement, exchange or repair. All NON-DEFECTIVE returns are subject to a 30% Penalty. Any returns (Defective, Non-defective returns) not returned in "like new condition" including missing the original box, packaging material, contents accessories or manuals are subject to a 30% restocking fee. All sales on any training provided by SBC whether by Hands-On, DVDS & Videos or Both are FINAL!
The Customer pays shipping for all returns to Something Better Corporation. Something Better Corporation recommends you fully insure your return shipment in case it is lost or damaged and you use a carrier that can provide you with proof of delivery for your protection since Something Better Corporation will not be responsible for any damages to the returning shipments. If merchandise arrives damaged, it is best to REFUSE it back to the carrier attempting delivery. If you accept the package, make sure it is noted on the carrier's delivery record in order for Something Better Corporation to file a claim. Save the merchandise AND the original box and packing it arrived in, notify Something Better Corporation immediately to arrange for a carrier inspection. If you do not notify Something Better Corporation of all damaged goods within the first 3 days of arrival, our normal return policy will override any claim of damage, and will fall under all current manufacturer restrictions. Expected turn-around-time for all exchanges is 30 days. Although Something Better Corporation will strive to process claims within 4-5 business days, shortage of inventory, overload or other special circumstances might delay the process. For replacements, Something Better Corporation ships back to the Customer via UPS Ground in the continental US. In non-continental US, customer pays for shipping both ways. All claims for shortage, manufacturer's defects, or shipment error must be made within the first 3 days of arrival. A copy of the invoice must be included in returning package. Shipping charges are non-refundable. For credits or refunds on returns, the latest prices less shipping/handling charges will apply. Physical damage will void all warranty
Under no condition will Something Better Corporation.com cross-ship any item.
Something Better Corporation reserves the right to swap with the equivalent product for all replacements and exchanges in the event Something Better Corporation is in unable situation to supply with the same products.
ALL SALES ARE FINAL FOR HANDS-ON TRAINING CLASSES.
Something Better Corporation's Customer Support Department will do its best to answer all pre-sales and post-sales questions.
This Agreement and any sales hereunder shall be governed by the laws of the state of Arizona, without regard to conflicts of laws rules. The customer consents to the jurisdiction of the federal or state courts located in Maricopa, Arizona for purposes of any suit, action or proceeding arising out of this Sale Agreement.
Title to goods herein being purchased is retained by the seller until goods are paid for in full by the purchaser. Loss and damage that occurs during shipping by a carrier selected by Something Better Corporation is Something Better Corporation's responsibility. Loss or damage that occurs during shipping by a carrier selected by customer is customer's responsibility.
Something Better Corporation hereby expressly disclaims all warranties either expressed, or implied, including, but not limited to, any warranty of merchantability or fitness for a particular purpose. This disclaimer by Something Better Corporation in no way affects the terms of the manufacturer's warranty, if any.
NON-COMPLETE DISCLOSURE TO ALL CONSUMERS AND CONTRACTORS
Something Better Corporation will not be liable for lost profits, loss of business or other consequential, special, indirect, or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party except as expressly provided herein. Something Better Corporation will not be liable for products or services not being available for use or for lost or corrupted data or software. Customer agrees that for any liability related to the purchase of products or services, Something Better Corporation is not liable or responsible for any amount of damages above the aggregate dollar amount paid by customer for the purchase(s) under this Agreement.
Something Better Corporation does not sell, rent, or trade customer information, or any other information, which may identify you, to any outside party under any circumstances. Your information is only used to ensure secure ordering and to provide a more personalized shopping experience. Something Better Corporation does not reveal customer information except to complete transactions with our third party banking institution. The banking institution we do banking with is under strict responsibility to keep your information private and protected.
Something Better Corporation is committed to providing all customers with a world-class shopping experience. In order to measure how well we are doing and to better serve you with our product offerings, from time-to-time we may contact you via email and solicit your participation in research. Something Better Corporation may also occasionally notify you via email with recommendations or special offers of new products, prices, or any other promotions. You may request to remove yourself from future efforts of this kind at any time.
1. Consent for Collection, Use and Disclosure
A customer may withdraw his or her consent for collection, use and disclosure at any time by sending an email to [email protected] Please note that, if you do, SBC may suspend its provision of products and services to you. When you unsubscribe, if you fall within the guarantee period for any SBC product and you request a refund, the guarantee will be honored.
SBC collects, at the time of your registration and your sign-on to its web site, certain “personal information” (information that personally identifies you) including but not limited to your name, email address, home or work address, telephone number, and information about your computer hardware and software (e.g., IP address, operating system, browser type, domain name, URL, access times, and referring web site addresses).
3. Purposes for Collecting Personal Information
SBC collects and uses personal information for the following Identified Purposes:
(a) To understand customer needs regarding SBC’s services;
(b) To develop and provide our web site and our products and services for our customers;
(c) To fulfill your requests for products, services or information;
(d) To communicate with customers and site visitors, when necessary, and to inform customers of upgrades, as well as of other products and services available from SBC, its affiliates and third parties;
(e) To allow customers to access limited-entry areas of SBC’s site;
(f) To personalize some of our services and products for you and to deliver targeted advertisements and offers from SBC and third parties;
(g) To bill accounts and maintain payment records;
(h) To comply with any applicable law, regulation, legal process or government request;
(i) To respond to a legitimate claim, or to address our reasonable belief, that you are violating the rights of any third party or any of the agreements or policies that govern your use of the SBC site or any SBC product or service;
(j) To protect the services, products or rights of SBC, including but not limited to the security or integrity of the SBC site; and
(k) To identify and resolve technical problems concerning SBC’s site, products and services.
SBC also uses personal information in an aggregate form (i.e., not individually attributable to you) for its business analysis, operational, marketing and other promotional purposes.
If we hire other companies to provide some products or services on our behalf, then we will only provide those companies the personal information they need for the Identified Purposes, and we will limit their rights to use and further disclose your personal information as appropriate in the course of their work for us.
4. Limiting the Collection of Personal Information
SBC limits its collection of personal information to only that information which is necessary for the Identified Purposes. SBC does not direct its site to, nor does it knowingly collect any personal information from children under the age of thirteen.
5. Disclosure, Processing and Retention
SBC does not sell, rent or disclose your personal information to anyone else, except:
(a) To someone you have designated to act as your agent, for one or more of the Identified Purposes (listed in Section 2, above);
(b) To SBC’s employees, independent contractors, subsidiaries, affiliates, consultants, business associates, service providers, suppliers and agents, acting on SBC’s behalf for any of the Identified Purposes;
(c) As necessary if SBC has reason to believe that disclosure is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference (either intentionally or unintentionally) with SBC’s rights or property, other users of SBC’s web site, products or services, or anyone else that could be harmed by such activities; and
(d) To respond to judicial process and provide information to law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by law, or otherwise as required by law.
In addition, as we continue to develop our business, we or our affiliates may sell or buy other businesses or entities, or we may merge with another company. In such transactions, personal information may be one of the transferred business assets. Also, in the event that SBC or substantially all of its assets are acquired, your personal information may be one of the transferred assets.
Your information may be stored and processed in the United States, or in any other country in which SBC or its affiliates, subsidiaries or agents maintain facilities. By using this web site, you consent to any such transfer of information outside of your country.
After your account becomes inactive (that is, if you request to be removed from our database), SBC will keep your personal information in its archives. Your information will then be used only as necessary for tax reasons or to prove SBC’s compliance with any applicable law.
6. Accuracy of Personal Information
SBC will use reasonable efforts to keep customer personal information accurate for the Identified Purposes, and for minimizing the possibility of making inappropriate customer decisions based on such information. Customers are responsible for informing SBC about changes to their personal information. You can do this by calling 602-550-2930 or sending an email to [email protected] SBC will use new or updated personal information it receives from customers to update its own records.
SBC will use reasonable efforts to protect customers’ personal information.
7. Access to Personal Information
SBC will afford you a reasonable opportunity to review the personal information in your file, if you so request by calling 602-550-2930, writing to: Something Better Co., 3230 E. Greenway Lane, Phoenix, AZ 85032; or by email to [email protected]
If SBC is not able to provide access to some aspect of a customer’s personal information, it will provide reasons for denying access such as; that by doing so would likely reveal personal information about a third party, or that it is confidential commercial information or attorney–client privileged communications, or that the information relates to a breach of an agreement or a contravention of law, or that its disclosure could reasonably be expected to threaten the life or security of another individual.
Customers have the right to request that inaccurate or incomplete information be amended as appropriate, by contacting SBC. SBC will promptly correct such personal information.