TERMS & CONDITIONS
STORKS AND MORE
DBA The Stork Lady
User Terms, Conditions and Business Agreement
Storks and More DBA The Stork Lady requires all online buyers of our Stork Lady business packages to carefully read the following terms and conditions and agree to abide by them before purchase. If you cannot agree to the terms and conditions below you will not be able to order a business package online. If you have any questions you can send an email describing your concerns to firstname.lastname@example.org
By clicking the "I Accept" button below, you hereby accept and agree on behalf of yourself and, if you have a partner(s), on behalf of said partner(s), to be bound by the following terms and conditions. Your signature on a hard copy of this Business Agreement will be necessary after the purchase of your package and prior to delivery of your signs in order to become a partner of The Stork Lady.
The seller agrees to provide the "Business Start-up Package" of the Buyer's choice. The Seller agrees to sell to no other Buyer within 20-miles of Buyer's home address. If a new Buyer requests a Business Agreement from the Seller for an area located near an area where the Seller has already sold "The Stork Lady," then the 20-miles will be determined by a geographic analysis of Google Maps. The Seller shall measure the 20-miles.
The Buyer agrees to limit the use of the stork design to the Buyer's local sign rental business and not to sell, give away, transfer or assign their rights to use the stork design to any other party. The Seller retains all the rights to the design. In the event that the Buyer moves from the assigned area, the Buyer must contact the Seller in order to obtain rights to use the design in the new location. In the event another partner of the Seller occupies the new location, the Buyer agrees to refrain from using the design in the new location. All materials are copyright and trademark protected and may not be reproduced or distributed in any format.
The Buyer agrees to inform Seller immediately in writing (email or US mail) if he or she moves from the assigned address to a different address within the 20-miles. Buyer also agrees to update a change in email address or phone number. It's necessary for Seller to know current address and contact information for the Buyer for numerous reasons, including correct calculation of the sales-free area which is based on Buyer's address, as well as continued protection of the TM and copyright, which is to the benefit of all.
Failure to advise Seller of an address change could lead to complete or partial loss of area. It could also cause lost, delayed or returned supplies or signs orders. If the phone number Seller has on file is disconnected, emails bounce back or are not responded to it will lead Seller to conclude Buyer is no longer active.
The Seller makes no guarantees or promises regarding success or profits to be made from the business. The Buyer assumes all the risks associated with the business and the conducting of the business.
The Seller reserves the right to terminate the business agreement in the event the Buyer reproduces any of the Stork Lady designs, conducts him / herself and / or the business in a manner that is unprofessional and / or compromises the name, reputation, and goals of the Seller, if the Buyer misrepresents their address to the Seller, if the Buyer does not pursue the business of stork rentals or becomes inactive.
The Buyer must renew the business agreement in writing (via email message or correspondence sent to Seller via the USPS) annually within the month of September. Annual renewal of the business must be initiated by the Buyer. There shall be no fee associated with this renewal. The Buyer acknowledges that failure to renew the agreement could lead to loss of territory, and the Buyer acknowledges this risk and assumes full responsibility for initiating the annual renewal with the Seller.
If requested, a refund of the business package will be given within 48-hours after purchase. On the third day following purchase, all of the Stork Lady proprietary information will be sent to Buyer. Once the proprietary info has been sent to Buyer, no refund will be given.
If any part of this Business Agreement is held unenforceable for any reason, the remaining portion of the Business Agreement shall remain in full force and effect, and shall be carried out in a manner which is consistent with the intentions of the parties hereto.
In the event of any dispute or legal action between the parties concerning the enforcement interpretation of this general contract, each party shall be responsible for their own attorney's fees. For purposes of any legal action, the judicial jurisdiction shall be Bexar County, San Antonio, Texas.