In consideration of the mutual benefits derived by each party, the parties agree to the following terms and conditions:
- Access to Content. Pursuant to the terms and conditions of this Agreement, the Company hereby agrees to provide User a non-exclusive, non-transferable, and non-assignable right for the User, using uniquely assigned access user IDs and passwords, to access and view the Site and associated Content; provided, however, that such right does not, among other things, include the right to assign, share, sell, rent, lease or otherwise transfer your right to access and view the Site and associated Content, or permit anyone to republish, in whole or in part, any portion of the Site and associated Content. Use of the Site provides User to Content, including instructional videos. User agrees and understands that User shall not hold the Company liable for any breach of relevant local, state or federal regulations caused by User’s use of the Company’s Site.
- Registration, Accounts, and Passwords. You will receive a password and account name upon completing a registration form via the Site. You are solely responsible for maintaining the confidentiality of your password and account and you are solely responsible for all use of your password and account, whether authorized by you or not. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security; and (b) ensure that you exit from your account each time you use the Site. Access and use of password-protected and/or secure areas of the Site is restricted to users who have been given a valid password by the Company. We may terminate your access to our Site and to the Content if we learn that you have provided us with false or misleading registration data. If you have opted in to receive special offers from the Company via email, or otherwise, you can unsubscribe via the links provided in the email at any time or by contacting us at firstname.lastname@example.org. By opting in to receive special offers from us, you consent to receiving, from time to time, text messages or emails which may include alerts, promotions, offers, polls, and giveaways.
- Proprietary Rights. User agrees and understands that all rights in and to the Site and the Content and are the proprietary property of the Company and its third-party licensors, if any, and such proprietary rights shall remain vested in the Company. User agrees and understands that it will not publish, distribute via the Internet or any other public computer based information system, create derivative works of, transfer, sell, lease, disclose or otherwise make the Content available to any third party. User further agrees that it shall not at any time challenge or contest the validity or ownership of the Site or Content and that nothing in this Agreement shall be construed to limit any proprietary rights of the Company in the Site or Content.
- Intellectual Property and Use Restrictions. User agrees and understands that the Site and the Content may use copyrighted material, trademarks, or other proprietary information including, but not limited to, text, software, photos, video, graphics, and the entire substance of the Content is protected under the United States copyright laws. The copyright in all material and Content within the Site is held by the Company or its third-party licensors. User shall not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the Content in whole or in part. Except as expressly permitted by the Company, nothing within the Content may be copied, reproduced, distributed, modified, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopy, recording, or otherwise, without the prior written permission of the Company or the copyright owner. This Agreement between you and the Company terminates automatically if you breach any of these terms. Upon termination, you must immediately return or destroy all proprietary information of the Company. In addition to termination for breach of the aforementioned terms, the Company reserves the right to terminate your account at any time for any reason.
You will not upload, post or otherwise make available on the Site, any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You will indemnify the Comapny and its officers, directors, employees, and agents for any claims by third parties of infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission of material by you.
The Content and Site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of the Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company without express written consent. You may not use any meta tags or any other “hidden text” utilizing the Company‘s name or trademarks without the express written consent of the Company. You may not misuse the Site. You may use the Site only as permitted by law.
- Trademarks. All trademarks of the Company shall remain the proprietary property of the Company and User shall not have any right to use any trademark of the Company without the prior written consent of the Company.
- U.S. Government Restricted Rights. The materials on the Site and the Content are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of the Company’s proprietary rights in them.
- Fees. Your access to all or a portion of the Content will be granted following payment of the applicable fees to the Company as set forth on the Site. This Agreement grants to User the right to access only the specific Content to which User has subscribed. User shall not access Content to which User has not subscribed. Failure of the Subscriber to pay the applicable fees to access such Content may result in suspension of your account. Such user IDs and passwords will be reactivated upon payment in full by User of the applicable fees.
- Termination. The rights to access the Content granted pursuant to this Agreement shall terminate immediately upon breach of this Agreement by User. User agrees and understands that the Company may terminate this Agreement at any time, with or without cause. Upon termination of this Agreement for any reason, User agrees and understands that the rights to use the Site granted under this Agreement shall terminate without notice.
- Indemnification by User. User shall indemnify, defend and hold harmless the Company and its affiliates, officers, directors, employees, agents, successors and assigns (“Company Indemnified Parties”), from and against all claims, demands, liabilities, damages and costs including, without limitation, its reasonable attorneys’ fees and other costs of defense, arising from or relating to User’s (i) breach of any terms of this Agreement, and (ii) User’s use of the Site and access to the Content. In no event shall User be liable to the Company or any Company Indemnified Party for any damages caused by the acts or omissions of the Company or any Company Indemnified Party.
- INFORMATION AND MATERIALS ON THE SITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. ALL INFORMATION AND CONTENT ON THE SITE IS PROVIDED BY THE COMPANY ON AN “AS IS” BASIS ONLY. THE CONTENT PROVIDED THROUGH THE SITE SHOULD BE USED SOLELY FOR THE PURPOSES SET FORTH HEREIN. USER AGREES THAT ACCESS TO THE SITE MAY BE SUSPENDED IN THE CASE OF TECHNICAL ERRORS, VIRUSES, INTENET AND MOBILE NETWORK ERRORS, AND THE LIKE. YOU AGREE AND UNDERSTAND THAT THE COMPANY SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR SUCH SUSPENSIONS OF ACCESS TO THE SITE OR CONTENT.
- User agrees and understands that User assumes responsibility for actions undertaken in connection with User’s accerss and use of the Content.
- DISCLAIMER OF WARRANTIES. THE COMPANY PROVIDES NO REPRESENTATIONS REGARDING THE SITE OR CONTENT. THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE CONTENT, OR ANY PART THEREOF INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, THE COMPANY EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION TO ANY PERSON OTHER THAN USER WITH RESPECT TO THE CONTENT OR ANY PART THEREOF. THE COMPANY MAKES NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS; (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; AND (iv) THE QUALITY OF ANY PRODUCTS, INFORMATION, OR OTHER CONTENT PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
- LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUES, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (iv) ANY OTHER MATTER RELATING TO THE SITE OR CONTENT. YOU ALSO AGREE THAT THE COMPANY WILL NOT BE LIABLE FOR ANY INTERRUPTION OF BUSINESS, ACCESS DELAYS, OR ACCESS INTERRUPTIONS TO THE SITE OR CONTENT, AND EVENTS BEYOND THE COMPANY’S REASONABLE CONTROL.
IN NO EVENT SHALL THE COMPANY BE FINANCIALLY LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. THE COMPANY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT OF FIVE HUNDRED DOLLARS.
- The Company may amend any term of this Agreement at any time by providing notice to User. Your continued use of the Site and access to the Content after any such notice of amendment constitutes your acceptance of such amendment or modification to this Agreement.
- This Agreement shall be governed, construed, and enforced in accordance with the laws of the state of Arizona. The parties agree to submit any claim, dispute, or disagreement to mediation before a mutually-agreeable mediator prior any other form of dispute resolution. All mediation or any other form of dispute resolution shall take place in Phoenix, Arizona and the parties irrevocably waive any objection to such venue. This Agreement constitutes the entire agreement between User and the Company regarding the Site or Content. No modifications of this Agreement shall be valid unless signed by the parties. User agrees to comply with all applicable state and federal laws governing the use of the Site. The Content is protected by law, including, but not limited to, United States copyright law and international treaties. The Site is controlled and operated by the Company from its offices within the United States. The Company makes no representation that the Site or Content are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with all applicable local laws.
- Neither party shall be liable for any failure or delay in the performance of its obligations under this Agreement for any cause beyond its reasonable control including, without limitation, acts of God, fire or other disaster or telecommunications, power or Internet failure. The occurrence of any such event shall toll the time period provided in this Agreement for performance by the affected party.
- Digital Millennium Copyright Act (“DMCA”) Notice. In the event materials are made available to this Site by third parties not within our control, we are under no obligation to, and do not, scan such content for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Site. If you believe any materials on the Site infringe a copyright, you should provide us with written notice that at a minimum contains:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to our designated agent as follows:
6263 North Scottsdale Road, Suite 340
Scottsdale, AZ 85250
BY CLICKING “I ACCEPT” YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS HEREIN.