Terms of Sale
Last Modified: May 27, 2019
Acceptance of the Terms of Sale
These Terms of Sale are entered into by and between you and National Restaurant Association Solutions, LLC ("Company", "we" or "us"), the operator of the ServSafe™ training programs, products and professional certifications. The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Sale"), govern the purchase and sale of products and services from us.
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason.
We make every effort to maintain the availability of our website. However, should we experience technical difficulties, we are not responsible for orders that are not processed or accepted.
Payment Terms and Sales Taxes
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us prior to our acceptance of an order. We accept VISA, MasterCard, American Express, Diner, and Discover credit cards for all purchases. You represent and warrant that: (i) the credit card information you supply to us is true, correct and complete; (ii) charges incurred by you will be honored by your credit card company; and (iii) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
Changes in Products and Pricing
We are constantly updating and revising our offerings of products and services, and we may discontinue products and services at any time without notice. To the extent that we provide information on availability of products or services, you should not rely on such information, and we will not be liable for any lack of availability of products or services.
All pricing for the products and services is subject to change. For all of our prices and products, we reserve the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances.
Please examine the material you have received promptly upon receipt as all purchases are subject to the return policy, including any deadlines, set forth below. If for any reason you are dissatisfied with your order, please call our Service Center for a Return Authorization Number specific to your material before products are returned -
Monday - Friday, 8:00am - 6:30pm CST
800-765-2122 ext. 6703 (Chicago) 312-715-1010, ext. 6703
Your Return Authorization Number must be displayed on the outside of all return packages containing merchandise returned for full credit or exchange, and damaged goods returned for replacement.
Please note the following deadlines and conditions for returns:
- Online Products: All purchases of online products, including but not limited to online courses and online exams are final, nonrefundable, and nonreturnable. Online Courses expire after one year from the date of purchase or 60 to 90 days from date of launch/course completion, depending on which course is purchased.
- Custom Material: Custom materials are not returnable.
- Return Promptly: Products that are not online products or custom materials may be returned within 30 days from the date of invoice.
- Condition of Items: All returned products must be in original and resalable condition. All CD's and videos must be returned unopened. If returned products are damaged in any manner, they will be returned to the customer at the customer's expense without an issued credit.
- Packing Returns: A copy of the original invoice or packing slip must be included in the first box of a return, and your Return Authorization Number must be displayed on the outside of each box. If you have multiple boxes to return, please mark boxes accordingly (e.g., 1 of 4, 2 of 4). If other unrelated shipping labels are on the box, please remove or mark them out. Please ship the return in its original packaging, if possible, as this will allow your return to be processed properly. We do not credit for shipping cost.
- Use the Correct Address: Any products returned to an address other than that provided by the Service Center will cause your credit to be delayed and will result in a $25.00 processing fee being charged to your account. Returns to our business address or lockbox address are not permitted.
- Traceable Shipments: For your own protection, please return product by traceable means (e.g., Federal Express, UPS, RPS, or Insured/Certified First Class Mail). Unfortunately, if we cannot trace a package sent to our warehouse, we will not be able to issue a credit.
- Call-tags: Call-tags will be issued only if we commit a fulfillment error. No other call-tags will be placed.
- Questions? If you have any questions or concerns regarding our product return policy, please contact the Service Center.
Disclaimer and Limitation of Liability
Our responsibility for defects relating to the products and services is limited to the procedures described in our return policy set forth above.
ALL PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANT OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE PRODUCTS AND SERVICES WILL MEET YOUR REQUIREMENTS; THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE; OR THE QUALITY OF ANY PRODUCTS OR SERVICES WILL MEET YOUR EXPECTATIONS. WE DO NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS AND SERVICES THAT ARE NOT AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. IN NO EVENT SHALL WE OR OUR AFFILIATED COMPANIES, AGENTS, EMPLOYEES, OR OFFICERS (COLLECTIVELY, OUR “AFFILIATES”) HAVE ANY OBLIGATIONS OR LIABILITIES TO YOU OR ANY OTHER PERSON FOR LOSS OF PROFITS, FOR LOSS OF BUSINESS OR USE, OR FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER THEORY OR FORM OF ACTION, EVEN IF WE OR OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, ARISING OUT OR IN CONNECTION WITH THE SALE, DELIVERY, USE, REPAIR OR PERFORMANCE OF THE PRODUCTS OR SERVICES. OUR SOLE AND ENTIRE MAXIMUM LIABILITY (AND THE LIABILITY OF ANY OF THE PROVIDERS OF PRODUCTS AND SERVICES), FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOUR PURCHASE OF PRODUCTS AND SERVICES.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
Governing Law, Jurisdiction, Arbitration and Statute of Limitations
All matters relating to these Terms of Sale and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule (whether of the State of Illinois or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Sale shall be instituted exclusively in the federal courts of the United States or the courts of the State of Illinois. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
At our sole discretion, we may require you to submit any disputes arising from these Terms of Sale, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying State of Illinois law.
Any cause of action brought by you against us or our Affiliates must be instituted within one year after the cause of action arises or be deemed forever waived and barred.
Waiver and Severability
No waiver of by the Company of any term or condition set forth in these Terms of Sale shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Sale shall not constitute a waiver of such right or provision.
If any provision of these Terms of Sale is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Sale will continue in full force and effect.