CONDITIONS OF SALE

SALES TO END USERS ONLY

The iPodTrainer Store sells physical products and digital downloads ("Products") to end user customers only.

TERMS OF SALE

This Terms of Sale (the "Agreement") constitutes a binding legal contract between you and the owner/operator of the iPodTrainer.com website. By ordering any product via the Site, you signify your acceptance of this Agreement, as it may be amended or supplemented from time to time. Changes to this Agreement will be effective when posted.

Disclaimer of Warranties

Refund Policy

iPodTrainer.com warrants that it will replace or refund for the full purchase price products purchased through the Site at any time within the thirty (30) days following your purchase of the item.

THE FOREGOING WARRANTY AND RETURN POLICY IS MADE EXPRESSLY IN LIEU OF ANY OTHER WARRANTIES OR GUARANTIES. iPodTrainer.com EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES SO THESE LIMITATIONS MAY NOT APPLY TO YOU. THE WARRANTIES SET FORTH HEREIN GIVE YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. IF A PRODUCT HAS BEEN PURCHASED FOR CONSUMER USE AS DEFINED BY 15 U.S.C. § 2301, ANY IMPLIED WARRANTY OR WARRANTIES SHALL EXPIRE ON EXPIRATION OF ANY EXPRESS WARRANTY.

Waiver and Limitation of Liability

You hereby acknowledge that the warranty provided herein and the accompanying obligations and liabilities of iPodTrainer.com are exclusive and you hereby waive all other remedies, warranties, guarantees or liabilities, express or implied, arising by law or otherwise, whether or not occasioned by the negligence of iPodTrainer.com. You acknowledge by your use of iPodTrainer.com products that your use of the products and services and any reliance upon them is at your sole risk, and that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with iPodTrainer.com products.

iPodTrainer.com HAS PRICED ITS PRODUCTS UPON THE UNDERSTANDING, AND YOU HEREBY ACKNOWLEDGE THE UNDERSTANDING, THAT iPodTrainer.com WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY FORM OF CONSEQUENTIAL, INCIDENTAL, STATUTORY, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES OF WHATEVER KIND OR TYPE ARISING FROM ANY TYPE OF COMMERCIAL, BUSINESS, ENVIRONMENTAL, TORT, WARRANTY, CONTRACT, STRICT LIABILITY OR OTHER CAUSES ARISING DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH ANY PRODUCT AND/OR ITS USE, EXCEPT CONSEQUENTIAL DAMAGES FOR ANY INJURY TO A PERSON IN THE CASE OF PRODUCTS PURCHASED FOR CONSUMER USE AS DEFINED BY 15 US C. § 2301.

Follow all instructions and heed all warnings accompanying any product ordered from the Site.

YOU AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST iPodTrainer.com ARISING OUT OF YOUR PURCHASE OR USE OF PRODUCTS ORDERED VIA THE SITE.

Indemnification

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS iPodTrainer.com FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING FROM OR RELATED TO YOUR USE OF THE PRODUCTS PURCHASED VIA THE SITE. PAYMENT METHODS

The iPodTrainer Store accepts credit cards, payment through your PayPal account, and Store Gift Certificates as forms of payment. Billing to your credit card or to your PayPal account occurs at the time of purchase or shortly thereafter. If the balance from an Store Gift Certificate or Allowance Account is used for an iPodTrainer Store transaction, the amount is deducted from your account at the time of purchase.

PLEASE NOTE

If a transaction has been declined online due to credit card issues, or issues with your PayPal account, please ensure all data is correct and resubmit. If the transaction is not accepted online, you will be unable to use that card or your PayPal account (as the case may be) for your transaction and should use another credit card.

GIFT CERTIFICATE PURCHASES

Gift Certificates may be redeemed for iPodTrainer Store transactions only and are non-refundable. Sales tax will not be charged when the Gift Certificate is purchased. Purchases for Gift Certificates may be purchased only in whole dollar increments or designated amounts. SOFTWARE

Software Products purchased from the iPodTrainer Store are subject to purchaser's prior acceptance of the terms of any end-user agreements or other terms and conditions required for use of such Products. PRICES

The iPodTrainer Store endeavors to offer you competitive prices on current selections. Your total price will include the price of the Product plus any applicable sales tax (in effect on the day of download). iPodTrainer reserves the right to change prices for Products offered at the iPodTrainer Store at any time, and does not provide price protection or refunds in the event of a price drop or promotional offering.

CONTENT AVAILABILITY

The iPodTrainer Store makes every effort to provide a broad content offering. For this reason, iPodTrainer reserves the right to change content options without notice. On occasion, a Product may become unavailable following a transaction but prior to download. Your sole remedy in such cases is a refund of the price paid for the unavailable Product. Please contact iPodTrainer Store Customer Service for assistance in such cases (see below).

FOR ASSISTANCE WITH ORDERS - iPODTRAINER STORE CUSTOMER SERVICE

For assistance with billing questions or other order inquiries, please refer to customerService@iPodTrainer.com. Responses to emails will be provided as soon as possible.

CONTENT USAGE RULES

Your use of any Products purchased from the iPodTrainer Store is conditioned upon your prior acceptance of the Terms of Service, including, without limitation, the Usage Rules set forth therein.

OTHER TERMS AND CONDITIONS

iPodTrainer is not responsible for typographic errors.

iPodTrainer reserves the right to change the terms and conditions of sale at the iPodTrainer Store at any time. Customers are encouraged to review the Terms of Sale on a periodic basis for modifications.

All transactions on the iPodTrainer Store are governed by Texas law, without giving effect to its conflict of law provisions. Risk of loss and title for all electronically delivered transactions pass to the purchaser or renter (as applicable) in Texas upon electronic transmission to the recipient. No iPodTrainer employee or agent has the authority to vary any of the iPodTrainer Store's policies or the terms and conditions governing any sale.