Terms and Conditions
TERMS and CONDITIONS
MONEY BACK GUARANTEE (*see #'s 2 & 3 below).
ALL SALES ARE FINAL (*except as indicated in #3 below).
NO RETURNS (*except as set-forth in #6 below).
NO CANCELLATIONS (*after 24 hours from Time of Purchase).
As All Sales Are Final, the Money Back Guarantee should not be construed as a Return, Refund, Exchange, or Cancellation.
2. Money Back Guarantee:
Applies to: Electronic Online Exam, Premier Cosmetology Guide and Esthetician Study Guide (Hard Copy).
All other products are excluded. As are all products not in English.
*Regresar el dinero al garantia sole se aplica a material en ingles, no en espanol, o en qulquier otro idioma.
Money Back Guarantee not valid in Canada.
a) Delivery at least 30 days, but not more than 120, prior to taking your State Board Exam.
b) Regarding the Electronic Online Exam (cosmetology), all questions must be answered at least once, with a minimum score of at least 85% correct.
3. Money Back Guarantee Procedure:
If you Fail your Exam and it is covered under our Money Back Guarantee -
(i) Mail a copy of your Failure Notice and Purchase Order (or 5 digit Invoice Number) to our office via USPS MAIL (no emails, faxes or texts).
(ii) Mail us at: The State Board Resource Center, Attn: Accounting & Refund Department, 611 S. Palm Canyon Drive, Suite 7221, Palm Springs, CA 92264.
(iii) The name on the Failure Notice must match at least one name on the Purchase Order.
(iv) If all Terms & Conditions as set-forth above are satisfied, within 7 business days of receipt in our office (via USPS MAIL), we will provide a full Reimbursement of the Purchase Price (minus S & H) to the credit card / debit card used to make the original purchase (not to any other credit / debit card).
(ii) If a customer receives a product and then wishes to exchange that product for another product, the decision to comply with that request will be solely at the discretion of SBRC; if SBRC does comply - the Money Back Guarantee is Voided.
4. DELIVERY METHOD: SBRC makes a good faith attempt to ship all orders within 24 hours. All Orders are shipped via United States Post Office Priority Mail, with a 3-5 business day expected delivery date. Expedited shipping orders, such as Overnight Delivery, will be charged and additional $19.90 (or the Overnight Delivery Charge stated by the USPS on that day; whichever is higher) and must meet certain conditions set-forth by the Postal Authorities. As the USPS will not guaranty they will get the package to you overnight, SBRC cannot guarantee the Postal Authorities will get the package to you overnight.
5. LANGUAGE AVAILABILITY:
All SBRC products and materials are available in English. Certain SBRC products are available in Spanish and other languages (there is no Money Back Guarantee on any products not in English).
6. CUSTOMER RETURNS:
Except for products "Specifically Advertised", marked, labeled, and sold on a returnable / refundable basis, all products are understood to be sold on a non-returnable / non-refundable, non-cancelable, All Sales Final, basis.
Regarding: Digital / Online / E-books and all other Electronic Products (previously existing, existing now, or created at a future date).
Due to security concerns (example: Viruses, Malware and Spyware) along with the "Impossibility" of SBRC 'SAFELY' retrieving these products once down-loaded to you system, there an an Absolute Prohibition on CANCELLATIONS, REFUNDS and/or RETURNS for these products.
*(In the event SBRC elects to honer a Cancellation, Refund and/or Return request, there will be a File Disposal / Destruction Fee of $19.95 accessed.)
Regarding: Print Products.
Upon pre-approval from SBRC Customer Service, a Purchaser may Return, at Purchaser’s Risk and Expense, purchased Print Products no later than seven (7) days after the USPS DELIVERY DATE, in accordance with SBRC’s standard practices, procedures, and return policy.
Thereafter; the Returned item must arrive at the offices of SBRC no later than fourteen (14) days after its "Original Mailing Date" from SBRC.
Returned items will incur a $14.95 Re-Stocking Fee, and / or a $19.95 Disposal Fee if the merchandise is damaged or for any reason, deemed not fit for sale. Additionally, SBRC shall be entitled to retain from any refund, the original Shipping Cost/s incurred.
Purchaser assumes, and shall pay, all risks and expenses of returning any Product/s. If Purchaser returns any Product that is damaged by Purchaser, used or otherwise ineligible for resale as new, or for any reason specified in our policy, SBRC has the right to dispose of it without any further obligation, including, without limitation, notice, credit obligation, or obligation to return it to the account.
Regarding: Bulk Sales.
These are sales of 10 or more physical products to Merchants (schools, book-stores, etc.).
Under certain conditions, SBRC will accept Returns from the aforementioned.
All Returns require pre-approval from an SBRC Customer Service Representative.
No Returned product may be used, damaged, or marked in any way (i.e. in 'Like New' condition).
No Returns on products received at our facility more than 60 Days (60) after the USPS DELIVERY DATE at your facility.
Returning Party bears all costs of shipping, and assumes all liability attached thereto.
A Re-Stocking Fee of $4.95 will attach to each Returned item (not to exceed $99.90 in total).
7. REJECTION: Purchaser may, immediately upon receipt of any incorrect titles or damaged Products, reject and return them to SBRC, with authorization from SBRC and at SBRC’s expense.
Absent SBRC's express authorization, purchaser assumes, and shall bear and pay, all risks and expenses of returning any such Products /s.
Shortages, damaged Products, or incorrect titles must be
reported within seven (7) days of receipt of shipment. In the event of a shortage, SBRC shall ship the items or
credit Purchaser’s account for the shortfall. For damaged Products, SBRC shall co-ordinate with Purchaser for Purchaser to return the Product at SBRC’s expense and issue an appropriate credit or ship replacement Products. For Products showing visible damage on the shipping carton, the carrier (USPS) must note damages on the freight bill before accepting delivery. Merchandise damaged in transit must be reported to the carrier (USPS) immediately by Purchaser.
All original shipping cartons, packing slips, packing materials and damaged Products must be saved until they have been inspected or Purchaser’s claim has be resolved.
8. CLAIMS: All claims relating to any shipment and/or applicable invoice and/or Products must be made in writing / email within 15 days of the date of the invoice. Any request for proof of delivery must be made in writing / email within 15 days of the date of the invoice.
9. PURCHASE AUTHORIZATION: By ordering Products, Purchaser represents and warrants that – she / he - has complied with any and all requirements necessary to authorize the purchase.
Purchaser is solely responsible for all purchase decisions, including ensuring the compatibility
10. ACCEPTANCE, PRICES, AND TERMS: Product orders are subject to availability and acceptance by SBRC. List prices and other terms shown are subject to change without notice.
11. COMPLIANCE WITH LAWS: Purchaser shall comply with all applicable laws and regulations applicable to the purchase and use of Products and/or the resale of Products.
12. SBRC’S INTELLECTUAL PROPERTY RIGHTS: All Products sold by SBRC are deemed Copyrighted Intellectual Property; and the intellectual property contained in said Products (along with any derivative work/s based on the Products) is confidential and/or proprietary information of SBRC or its licensors and is protected by copyright and other intellectual property rights.
13. TERMS APPLICABLE TO SOFTWARE AND OTHER DIGITAL PRODUCTS:
a) All digital products; including but not limited to: Cheat Sheet, Electronic Online Exam, Esthetician e-book, and Flash Card Companion questions & answers - are designed to be read electronically and will print-out poorly, if at all.
b) Any subscription to software under these Terms is for the time period or term listed in the applicable SBRC Cost Proposal or SBRC Quotation and order form. If Purchaser wishes to extend any subscription or license term(s), a purchase order, change order, or amendment is to be.
c) Any software and / or digital products subscribed to under these Terms is to be hosted by or
through SBRC. Any SBRC software product Purchaser wishes to self-host would be considered
a new transaction, and separate agreements and fees are to be negotiated. Purchaser self-hosted
versions of SBRCs software and/or digital products are not available for licensure at this time.
d) Purchaser acknowledges that Digital / Electronic / e-Book Products may include security
technology ensuring they may be used only in accordance with the applicable purchase and/or licensure rights. Examples include, but are not limited to: the ability to print or forward electronic / digital products, and the creation by any method/s, of more copies than originally.
e) Purchaser may not: (1) re-sell, rent or lease a Digital / Electronic / eBook Product or any part
of it; (2) copy any part of a Digital / Electronic Product / e-Book ; (3) reverse engineer or
disassemble the aforementioned or the software through which it is delivered, or convert it into
any other format or medium; (4) use more copies of a Digital Product, or deploy a Digital
Product on more than one devices or sites; (5) sub-license the Digital Products except as
f) Purchaser will own any tangible media (e.g., CD, DVD, tape, etc.) on which Digital Product(s)
g) In connection with Purchaser’s use of Digital / Electronic / eBook Products, please note that in
some instances there are other specific privacy policies that may apply to certain of these SBRC
14. CONTRACT: The ordering or acceptance of any Product/s (defined in section 22 below) purchased from The State Board Resource Center Publishing Company (SBRC) or its subsidiaries / affiliates (collectively, “SBRC”) by any “Purchaser”, constitute an agreement to these standard Terms and Conditions set forth herein. These Terms, together with the Terms and Conditions published by SBRC in/on any applicable catalog, material, or product description pages collectively constitute the sole agreement between the parties relating to the subject matter hereof, except for any agreements, amendments, or waivers agreed to in writing by both SBRC and Purchaser. Writings / Terms contrary or inconsistent to these Terms appearing on purchase orders, acknowledgments, or other documents of Purchaser or oral stipulations shall not be held valid.
15. BILLING AND PAYMENT: All amounts owing from Purchaser to SBRC with respect to any Products purchased from SBRC are due within thirty (30) days of the date set forth on SBRC’s invoice. Accounts must be current before subsequent shipments will be made. Past due accounts are subject to a 3 percent (3%) monthly finance charge. Unless a set-off or deduction is specifically provided for by SBRC in a valid credit memo, Purchaser may not charge back to SBRC or make any set-offs or deductions, including, but not limited to, set-offs or deductions for violations of customer shipping or routing guidelines and/or other promotional programs. SBRC shall process any credit to Purchaser’s account in accordance with SBRC’s standard practices and procedures. For any payments made by credit card, Purchaser represents and warrants that it will not use any credit card or other form of payment unless Purchaser maintains all necessary legal authorization to do so. If SBRC does not receive payment from Purchaser’s credit card issuer or its agent, Purchaser agrees to pay all amounts due upon demand by SBRC or its agents. Unless Purchaser notifies SBRC of any discrepancies within fifteen (15) days after first appearing on Purchaser’s credit card statement or SBRC invoice, Purchaser agrees they will be deemed accepted by Purchaser for all purposes, unless otherwise required by law.
16. CHANGES CANCELLATION AND DEFAULT: SBRC may make changes in quantities, case-packings, specifications, delivery schedules, method of shipment, and packaging, and may cancel or terminate work on any order for its own convenience, in whole or in part, by written or electronic notice at any time. Any changes to orders requested by Purchaser may be approved or rejected in SBRC’s sole and absolute discretion. If the Products purchased from SBRC are not as described, Purchaser’s sole remedy is to return it in unused condition, sellable as new, complete, undamaged, and in the original packaging. In the event of any default or breach by Purchaser of these Terms, SBRC will have available all remedies under applicable law.
17. NO RESPONSIBILITY TO SELL MIS-PRICED MERCHANDISE: SBRC does its best to describe every product offered as accurately as possible. However, SBRC does not warrant that the Products, specifications, pricing, or other content we provide in catalogs or elsewhere is complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications of any Products, SBRC shall have the right to refuse or cancel any orders in its sole discretion. If SBRC charged Purchaser’s credit card prior to cancellation, SBRC will issue a credit to Purchaser’s credit card account in the amount of the charge.
18. RECALLS: In the event a Product is the subject of a recall by SBRC, SBRC shall be responsible only for, at SBRC’s election: (a) supplying Purchaser with corrected versions of the recalled Product(s) in a quantity equal to the quantity recalled; or (b) reimbursing Purchaser for the costs paid by Purchaser to SBRC for such Products upon return thereof.
19. SHIPPING; HANDLING; RISK OF LOSS: Unless otherwise expressly indicated on the face of an order or Order Confirmation email, the shipping term for all deliveries is F.O.B. SBRC’s shipping point or third party carrier facility (USPS). Risk of loss and title is passed to Purchaser upon transfer of the Products to the carrier. Except as otherwise instructed by Purchaser and
agreed to by SBRC, SBRC will ship Physical Products (defined in section 23 below) using its established methods of packing and transportation. If Purchaser requires other packing or preparation, Purchaser will pay the additional costs. In the event that Purchaser requests to pick up its own deliveries of Physical Products by its own carrier, Purchaser must pay 5% of the value of the order as a handling fee. In addition, the pickup must occur within 48 hours of confirming the date and time of pickup or SBRC will ship and charge standard shipping and handling rates.
Customer assumes full liability for the materials upon freight leaving our distribution center.
20. EQUAL OPPORTUNITY CLAUSE: Pursuant to Presidential Executive Order 11246, as
amended by Presidential Executive Order 11375, the Vietnam Era Veterans’ Readjustment Act of 1974 and the Rehabilitation Act of 1973 as amended, SBRC does not and Purchaser shall not engage in any discriminatory practices based on race, color, religion, national origin, and physical or mental handicap. To the degree they are applicable, the following provisions are incorporated
herein by reference and are binding upon SBRC and Purchaser as if set forth fully at length herein: 41 CFR 60-1.4; 41 CFR 60-250.4 and 41 CFR 60-741.4.
21. FORCE MAJEURE: SBRC shall not be deemed in default of its obligations to Purchaser to the extent that performance of its obligations or attempts to cure any breach are delayed or prevented by reason of any act of God, including; but not limited to: fire, flood, hurricane, earthquake, snow/ice, natural disasters, accidents, riots, acts of government, shortage of materials and supplies, or any other cause beyond its reasonable control.
22. INDEMNIFICATION: To the extent allowed by law and subject to the right of Purchaser to raise the defense(s) of sovereign governmental or qualified immunity against third party claims, Purchaser will indemnify, defend and hold harmless SBRC, its parent companies, subsidiaries, affiliates, directors, officers and employees from any third party claims, causes of action, damages, costs, liabilities/ expenses arise from a breach of these Terms or from improper, illegal/ unauthorized use, distribution operation of the Products.
23. DISCLAIMER OF WARRANTIES AND INDEMNITIES; LIMITATION OF LIABILITY: ALL PRODUCTS ARE PROVIDED ON AN “AS IS” BASIS, AND SBRC EXPRESSLY EXCLUDES THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. PURCHASER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS SBRC AND ITS PARENT, AFFILIATES, SUCCESSORS AND ASSIGNS AND THEIR RESPECTIVE OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY AND ALL LOSSES, COSTS AND EXPENSES (INCLUDING REASONABLE OUTSIDE ATTORNEYS’ FEES AND EXPENSES)
INCURRED IN DEFENDING ANY CLAIM, JUDGMENT OR PROCEEDING RELATING TO OR ARISING OUT OF:
REPRESENTATIONS, WARRANTIES, OBLIGATIONS AND AGREEMENTS CONTAINED IN THESE TERMS; AND/OR
(II) THE DISTRIBUTION, RESALE AND
PROMOTION OF PRODUCTS BY PURCHASER. SBRC WILL HAVE THE RIGHT TO CONTROL THE DEFENSE AND SETTLEMENT OF ANY CLAIMS SUBJECT TO INDEMNIFICATION HEREIN. SBRC SHALL HAVE NEITHER LIABILITY NOR RESPONSIBILITY TO ANY PERSON OR ENTITY WITH RESPECT TO ANY LOSS OR
DAMAGE ARISING FROM THE PRODUCTS, INCLUDING, WITHOUT LIMITATION, SBRC’S FAILURE OR ALLEGED FAILURE TO FILL ORDERS BY PURCHASER IN WHOLE OR IN PART. SBRC DOES NOT GUARANTEE THAT ANY DIGITAL
PRODUCTS WILL BE DELIVERED ERROR-FREE OR UNINTERRUPTED. SBRC DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES,
INCLUDING THE INTERNET, AND DIGITAL PRODUCTS MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. SBRC SHALL NOT BE LIABLE FOR ANY DAMAGES TO COMPUTERS, COMMUNICATION SYSTEMS, DATA OR SERVICES THAT MAY ARISE AS A RESULT OF THE USE OF DIGITAL PRODUCTS. IN NO EVENT SHALL SBRC BE LIABLE TO PURCHASER FOR ANY INCIDENTAL, INDIRECT, SPECIAL,
PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, WARRANTY OR OTHERWISE, AND REGARDLESS OF ANY NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SBRC’S TOTAL AGGREGATE LIABILITY IN CONTRACT, TORT OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS EXCEED THE FEES PAID
OR PAYABLE BY PURCHASER DURING THE MOST RECENT TWELVE (12) MONTH
24. SEVERABILITY: If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, the remaining portions of the Terms shall remain in force and in effect and be construed so as to best effectuate the intention of the parties. The waiver of one default shall not waive subsequent defaults of the same or different kind.
25. JURISDICTION; VENUE; CHOICE OF LAW: THE STATE COURTS OF THE STATE OF CALIFORNIA, SITTING IN RIVERSIDE COUNTY, AND, IF THE JURISDICTIONAL PREREQUISITES EXIST AT THE TIME, THE UNITED STATES DISTRICT COURT FOR CALIFORNIA SHALL HAVE SOLE AND EXCLUSIVE JURISDICTION TO HEAR AND DETERMINE ANY DISPUTE OR CONTROVERSY ARISING UNDER OR CONCERNING THIS CONTRACT. THIS CONTRACT AND THE RIGHTS AND OBLIGATIONS OF THE PARTIES HERETO SHALL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, EXCEPT FOR GOVERNMENTAL CUSTOMERS TERMS SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE IN WHICH THE GOVERNMENT AGENCY PURCHASER IS LOCATED.
26. CERTAIN DEFINITIONS: “Product(s)” means books, study-guides, digital formats, electronic formats, eBooks, professional development products, CDs, DVDs, videos, other audio/ video/multimedia products, subscription services, software licenses and any other product/s that
Purchaser may acquire from SBRC. Products may include Digital Products, Print Products, other Physical Products or both. “Digital Product(s)” means non-tangible, digital versions of Products.
“Physical Product(s)” means any Product versions that are not Digital Products, including Print Products books, other printed materials, and the physical media (CDs, DVDs, videos, other audio/ video/multimedia products) that carry copies of any Digital Product(s)delivered to Purchaser, and any other physical copies of Product(s).
27. STATE BOARD (SBRC), MEDIA CONTENT AGREEMENT:
I Acknowledge and Agree, any materials or products (physical or electronic); herein after referred to as "Content", which is/are presented to me, remains the property of SBRC and I am using it through a Licensing Agreement of indeterminate duration. Accordingly, the "Content" thereof may not be copied, modified, reproduced, transmitted, posted, or distributed without the express prior written permission on SBRC, Inc. All rights not expressly granted are reserved.
Unauthorized use of the "Content" may violate copyright, trademark, and other applicable laws.
SBRS's media "Content" contains information believed reliable, but SBRC does not guarantee the accuracy of such information and expressly disclaims all warranties as to the accuracy, adequacy, applicability, and/or completeness of said "Content". SBRC makes no warranty, either express or implied, that the "Content" information and/or presentation format will meet your requirements or that the information will be available on an uninterrupted, timely, error-free, or secure basis. (see # 21 above).