Profs and Pints Online - Terms and Conditions
The website www.profsandpints.com (hereinafter “Website”) and any information, intellectual property, products for sale (“Products”), and content (hereinafter collectively identified as “Content”) is owned and operated by Peter Schmidt dba Profs and Pints (hereinafter “we” “us” “our”). Please read all Terms & Conditions before using our Website - by visiting and using this Website, you (hereinafter “visitor” “you” “your”) affirm that you have read these Terms & Conditions, and agree to be bound by them.
1. Use of Website
a. Please note these Terms & Conditions may be subject to changes or updates at any time, and the Website may not provide notice of such changes or updates. We reserve the right to make any changes or updates at any time, and the burden is on the user to routinely check these Terms & Conditions for updates. By continuing to use our Website and the content we produce, you affirm you agree to be bound by the Terms & Conditions as they appear, whether or not you have read them. If you are not in agreement with these Terms & Conditions, please do not purchase any of our products or use our Website or any of the Content that appears thereon.
a. By using this Website and/or Content, and/or purchasing any of our Products, you are voluntarily agreeing to this Disclaimer, and you are legally agreeing that you have read, understand, and fully consent to the terms below. If you have any objections to any of these Disclaimer terms, please do not use our Website or purchase any of our Products.
b. By entering this website or purchasing or using our blog, emails, videos, social media, programs, services, and/or products from or related to Profs and Pints, you are implicitly agreeing to accept all parts of this Disclaimer. Thus, if you do not agree to the disclaimer below, STOP now, and do not use our website, blog, emails, social media, videos, ebooks, courses, services, or products
FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY.
c. The information contained in our Website and Content is for educational and informational purposes only. Under no circumstances does your use of our Website and Content, whether free or paid for, create any professional, medical, legal, or business relationship with us.
NO LIABILITY AND RELEASE OF CLAIMS
d. Under no circumstances, including, but not limited to negligence, shall anyone related to Profs and Pints, any subsidiary companies or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the Website or Content, including its materials or third-party materials made available through the Website or Content, even if we are advised beforehand of the possibility of such damages. You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other website, participant or user. To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you in connection with this Website, including by your use or inability to use any information obtained on or through the Website, any websites linked thereto, and/or any material posted on the Website, social media, or in any other way through the Website by us or by others, including without limitation any liability for any detrimental reliance, physical or mental injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. By enrolling in, purchasing or using our Website, you agree to our limitation of liability and release us from any and all claims.
e. We make no representations or warranties of any kind, express or implied, as to the operation of this Website or the information, content, materials, or Content included on the Website. To the full extent permissible by applicable law, we disclaim all warranties, express or implied including implied warranties of merchantability and fitness for a particular purpose. We will not be liable for any damages of any kind arising from the use of this Website or our Content.
NO SHARING OF PRODUCTS
f. In all free and paid products, Profs and Pints is granting a single-user license authorizing the buyer or user to use the materials for their individual purposes only. The buyer shall not share, copy, distribute, disseminate, or sell the materials for either commercial or non-commercial purposes. Any violation of this clause will result in immediate termination of access to the Website and Products, and all other resources, social media, and any other online or offline presence at our discretion, without notice or refund. In the event that any of the above listed clauses are violated, the you acknowledge that damages alone may not be an adequate remedy for the breach of any of the provisions of this agreement, and further agrees that we shall be entitled to equitable relief, including injunctive relief, concerning any illegal sharing of our products.
g. References to links in our Website or Content to any other business or entity’s information, opinions, advice, programs, services, or products do not constitute our endorsement or recommendation. We are not responsible for the content, blogs, emails, videos, programs, services, and or products of any off-site web pages, companies or persons linked or referenced in this site. Should our Website link appear in any other individual’s, business’s, or entity’s Website or Content, it does not constitute any endorsement of or affiliation with them, their business, or their website, unless expressly stated within our Website or Content.
h. We do occasionally choose to partner with, promote, become an affiliate of, or otherwise engage in joint ventures with individuals, websites, or business entities. You understand that should an affiliate, promotional, or joint venture program be featured on our Website, we may receive financial compensation or other payment as a result.
i. You understand and agree that you must use your own judgement with respect to determining whether any promotion of another product is right for you. Our decision to promote, suggest, or reference another service indicates nothing more than an acknowledgment that we respect or appreciate the business, person, or service and believe it might be helpful to our audience. Your decision to use or purchase from such a promotion is yours alone, and you understand we have no involvement in your decision, nor shall we have any liability should you purchase a promoted product and become dissatisfied. You agree and understand we have no liability and you will hold us harmless should this occur.
j. By using our Website, or purchasing or using any of our Content, Products, or Services, you implicitly agree to all parts of the above Disclaimer.
3. Intellectual Property Rights
a. This website contains original works that have been created with vast amounts of scholarship, academic research, originality, dedication, care, detail, planning, and creative thinking. State and Federal law, prevents unauthorized use of these materials. These materials may include, but are not limited to: trademarked and copyrighted material, as well as any and all original works on our Website and within the content provided, including but not limited to website design, layout, photographs, graphics, words, content, information, documents, data, our logo, artwork, color scheme, branding and/or placement of same on Website, to the extent protectable, and any and all other information accessible through this Website, which constitutes proprietary information. This protection also includes any and all content that appears on the Website, including blog posts, program names, and any other text whether or not authored by us. You understand and acknowledge you will likely be in violation of the law should you copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit or misuse any of the content or intellectual property on the Website, without our express prior written consent. If such behavior is discovered or suspected, we reserve the right to immediately revoke your access to our Website, as well as anything you may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law.
c. Licensee / Licensor Rights: Our Limited License to You
i. Your ability to view Content on our Website grants you a limited, revocable, non-transferable license to use the information available to you for your personal, non-commercial use only. Should you decide to purchase anything from our Website, you will also be granted a limited license to use the information contained therein, there may be additional terms and conditions of use associated with each product or service available for purchase.
ii. As a licensee, you understand and agree that you will not:
1. Copy, edit, distribute, duplicate or steal any information on our Website, or any Content therein, including that which has been posted by a third party, whether or not you have purchased the information.
2. Use, post, distribute, copy, steal, or otherwise use any portion of our Website, including content or products, without express, written permission provided by Profs and Pints and understand that any such use may constitute infringement, which may give rise to a cause of action against you.
3. Hold any of our Content out to be your own, and understand that doing so constitutes stealing and is a violation of our intellectual property rights.
4. Share purchased materials, information, content with others who have not purchased them.
5. Use any portion of our Website, including all Content, information, and purchased materials, in any commercial manner such that you make, may make, or intend to make a profit from it.
6. Create any derivative, substantially similar, or otherwise nearly identical compilations related to our Website, Content, or purchased materials, including by plagiarism, paraphrasing, re-ordering, or other methods.
7. You further acknowledge and understand that any such actions including but not limited to those outlined above will likely constitutes infringement and/or theft of our work, and a violation of these Terms and Conditions, and state and Federal laws, and we reserve the right to prosecute this infringement to the full extent of the law and contact the relevant law enforcement authorities regarding any criminal activity related to our Website.
8. Any requests for written permission to use any content posted on our Website shall be made before you wish to use any such content, and may be made by sending an email with your written request to email@example.com. Profs and Pints is under no obligation to grant such requests but will consider the merits of any request that is received.
d. Licensee / Licensor Rights: Your License to Us
i. You may be able to post your original content to our Website, including but not limited to real time communications, chat rooms, blog comments, testimonials, or photos. You may also have the opportunity to respond to generated emails with comments or feedback, comment on a social media live stream, webinar, or any other medium where content is distributed in a manner that allows for participation or feedback. By posting any sort of information, you represent you are the owner of anything you post, and are at least 18 years of age. Any original content we believe was generated by persons under 18 years of age or representing themselves to be under 18 years of age will be deleted, or otherwise removed from our Website upon discovery.
ii. When you submit or post any such information, you also agree and understand that you are assigning and/or licensing us and anyone else authorized by us, the irrevocable, unlimited, royalty-free, perpetual, non-exclusive, unrestrictive, worldwide license to use, distribute, sell, copy, edit, exploit, or otherwise publicly disseminate any information or content you post, in whole or in part, with or without identifying you as the author of the original post or comment. If we so choose to identify you, you also grant us the right to identify you as the author of any comments, posts, or the like by name, email address, screen name, or any other reasonable manner of identification.
iii. You agree you are wholly assigning all intellectual property ownership rights to us by your action and decision to post on our Website, or otherwise provide us with content, with access to our Website constituting good and valuable consideration in exchange for these intellectual property rights. You understand that should any of your comments or posts be used, in whole or in part, you are not entitled to any payment and will not request any form of payment or favorable treatment in return.
iv. Testimonials: Our Website may feature testimonials from clients, in order to provide readers with comments, feedback, and information from others’ experiences with our services, website and products. While all information, photos, and quotes used are from actual clients sharing their opinions of our website and services, these testimonials are not a guarantee that current or future clients will experience the same results, or a guarantee that all clients will have the same experience. You understand and agree that by reading a featured testimonial on our Website, you do not expect the same results, and understand this information is not a guarantee.
4. Your Conduct
a. Should you choose to post anything on our Website, social media pages, webinars, or otherwise, you are hereby agreeing and acknowledging you will not post anything that could harm us or another user, or include anything illegal, defamatory, harmful, hurtful, or otherwise upsetting. You understand that if you make the decision to post content that constitutes cyber bullying, your comments will be removed immediately, and we reserve our right to take action against you to the full extent of applicable laws.
b. You may use our Website for lawful purposes only, and agree you will not post, comment, or otherwise transmit any content which infringes the rights of another, and agree to hold us harmless should you do so. You also agree and understand you are not to post any content which would constitute a criminal offense, use the Website or content for fraudulent or unlawful purposes, create civil liability, is repugnant, constitutes a violation of another’s intellectual property rights, is vulgar or obscene in any way, or is otherwise objectionable. You agree that we are the sole decider in whether content you post is objectionable, and have the unilateral right to remove any content you post, without explanation or ramifications. You also understand that we may be obligated to take further legal action, based upon information you post, and reserve our right to do so. Should a third party choose to take legal action against you, as a result of something you posted on our Website, you agree to hold us harmless and fully indemnify us of any legal ramifications or actions.
c. You agree not to post or transmit any “spam” or unwanted, unsolicited content. You also agree not to promote or sell your own or others content, services, or products through the Website,
5. Use of Free or Promotional Materials or Content
a. At times you may be offered a free or promotional product or service, as a gift or opt-in offer, in exchange for your name and email address. Should you choose to download or print this material, you understand this is to be used for your personal, non-commercial use only, and is not to be copied, edited, distributed, or otherwise shared in any way other than in its original form. URL links to this free material may be shared, but not the content itself. If you receive any links to free or promotional content that you receive as part of a purchased product, you understand that this is part of the materials included in your purchase and should not be shared.
6. Technology Disclaimer
a. By using our Website, you understand and agree that Profs and Pints makes no guarantees or warranties regarding the condition of our Website, including functionality, existence of viruses, malware, malicious code or other components that may harm users’ computers, uninterrupted use, constant access and availability, or otherwise affect the user experience.
b. We will make every effort to make our website available to you at all times; however, from time to time the Website may be down for maintenance, repairs, as a result of “crashing” or overuse, or any other reason, known or unknown to you, and you agree and understand that this may occur without explanation. Should this occur, you understand, agree, and acknowledge we are not liable for any damages, losses, interruption in your business, or other inconvenience sustained by you as a direct or indirect result of the unavailability of our Website. Website issues related to technology issues are not eligible for refund, reimbursement, or explanation, nor do we have any obligation to you to continue running our Website or providing access to any of the Content contained therein.
c. We may also make the unilateral decision to change or discontinue all or part of our Website, its Content, or any portion thereof without notice before or after, and such Content may thereafter be unavailable. The Website and any and all content and products made available are offered on an “as is” basis, with no additional attachment or warranties thereto. You understand and agree we are not obligated to you to continue running all or part of our Website or any Content therein, or any particular products being offered for sale, nor shall we be liable for any harm to your business or personal self as a direct or indirect result of a decision to alter, remove, or change the Website or Content without notice.
7. Streamed Services, Products, and Content, and Digital Downloads
a. Profs and Pints provides products and services that may include live streamed audio and video, as well as non-streaming digital downloads. We make no representation of software or hardware requirements, including device requirements, that are required to use streaming products and services. We reserve the right in our sole and absolute discretion to make changes and without notice in how we operate streaming products and services, and any description of how our products and services work should not be considered a representation or obligation with respect to how the service will always work. We are constantly making adjustments to improve our products and services and often these adjustments are not completely captured within these Terms and Conditions
b. The availability and quality of streaming services and products can and will change and may be affected by one or more factors, such as your device type and speed, your location, the bandwidth available through and/or speed of your internet connection, or many other technical, geographic, or other reasons. You are responsible for ensuring that you have internet access and for all internet access charges. Please check with your internet provider for information on possible Internet data usage charges. Profs and Pints makes no representations or warranties about the quality of streamed products or services.
c. Streamed products and services and digital downloads may become unavailable to you as a result of maintenance or for other technical or non-technical reasons. As a result, without prior notice to you, some or all products or services ordinarily available may cease to be available.
d. The amount of time it takes to initiate Streaming Service on a device will vary based on a number of factors, including your location, available bandwidth at the time, the particular product or service you have selected and the configuration of your device. In addition, you must be connected to the internet throughout the period in which you are accessing streaming products.
e. You may access streamed only in geographic locations where we offer our products and services. In addition, the content that may be available to watch may vary by geographic location.
f. Streaming service software is licensed to the company and is designed to enable streaming of content from the company to certain devices. This software is licensed to you by the company pursuant to these terms and conditions and solely for the purpose of using streaming service and for no other purpose whatsoever. We do not warrant the performance of this software, including its continuing compatibility with our service. You may not copy or reproduce the software nor may you decompile, reverse engineer, disassemble, modify or creative derivative works of any of the software, or any portion thereof. Any unauthorized use of the software is strictly prohibited and the company reserves the right to not provide the software (including updates) to you at any time and to discontinue the ability to access the Streaming Service through such software at any time, without prior or any notice.
G. By using streaming service, you acknowledge and agree to receive, without further notice or prompting, updated versions of the software related to the streaming service. If you do not accept the foregoing terms, do not use the streaming service. We do not warrant that any of the software used and or licensed in connection with streaming service will be compatible with other third party software nor do we warrant that operation of streaming service and the associated software will not damage or disrupt other software or hardware. In addition, we do not take responsibility or otherwise warrant the performance of devices used in connection with streaming service, including the continuing compatibility of the device with our service. By using streaming service, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with streaming service. Any issues related to streaming service, including any system requirements, are covered and limited by these terms and conditions.
8. Copyrights and Digital Millennium Copyright Agents.
a. Pursuant to our rights under the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. §512, we have designated a copyright agent to receive copyright infringement notices for claims of infringement related to materials found on this Site. Our copyright agent is Peter Schmidt. The agent can be reached at: Peter Schmidt, 2510 41st St. NW #2, Washington DC 20007 and firstname.lastname@example.org.
DMCA Infringement Notification:
To be effective, your infringement notification must include the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. 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;
3. Identification of the material or content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or have access disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party, including address, telephone number and email address where the complaining party may be contacted;
5. The following statement: “I have 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
6. The following statement: “The information in this notification is accurate, and under penalty of perjury, I swear that I am the copyright owner or that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
Upon receipt of the written notification containing the information as outlined in 1 through 6 above:
1. We will remove or disable access to the content that is alleged to be infringing;
2. We will forward the written notification to the alleged infringer; and
3. We will take reasonable steps to promptly notify the alleged infringer that we have removed or disabled access to the content.
DMCA Infringement Counter Notification
Pursuant to the DMCA, after the alleged infringer receives a notice of infringement from Company, the alleged infringer will have the opportunity to respond to Company with a counter notification (“Counter Notification”). To be effective, a Counter Notification must be a written communication provided to Company’s designated copyright agent, and must include the following:
1. A physical or electronic signature of the subscriber;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled;
3. The following statement: “I swear under penalty of perjury that it is my good faith belief that the material identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;” and
4. The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of the federal district court for the judicial district in which the subscriber’s address is located, or if the subscriber’s address is outside of the United States, or any judicial district in which Company may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person.
Upon the copyright agent’s receipt of a Counter Notification containing the information as outlined in 1 through 4 above, the DMCA provides that the removed material will be restored or access re-enabled and we will comply with this requirement as required by law, provided that the designated agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our network.
9. Information You Provide
a. In order to gain access to our email list, you may be required to provide information about yourself, including your name, email address, and other personal information. In order to purchase products or services, you will also be required to submit payment information and a billing address, and may be asked to create a username and password to gain access to your purchased materials. Please note you are responsible for keeping track of your username and password, and understand that you bear the consequences should you choose to share this confidential information with anyone. Sharing your username and password with others shall constitute a violation of the Terms & Conditions and shall be a violation of Section 2.c. above.
b. You acknowledge and understand that any information provided to us is done so on a purely voluntary basis. By choosing to provide us with this information, you agree and represent that any information provided to us through the Website or a third-party payment processor will be accurate and current, and belong to you. You understand you may not hold yourself out as someone else nor use anyone else’s information, and shall be held liable under these Terms & Conditions and Federal and state laws.
c. You also agree that you are to remain financially responsible for any purchases made through our Website by you, or by another person acting on your behalf, regardless of the information provided at checkout. Should information become available at a later date confirming you performed unauthorized use of a credit card, online payment site such as PayPal or Venmo, or otherwise made payments using payment information belonging to someone other than yourself, you understand and agree that you alone remain financially responsible for purchases made through our Website. Our pursuit of proper payment in this case may involve sharing your information with financial institutions, law enforcement, debt collection firms, and others in our efforts to ensure you meet your financial responsibilities to us.
10. Online Purchases
a. You understand that should you elect to make a payment through our website or through Profs and Pints, information obtained during your purchase, including name, address, credit card information, method of payment, billing information, and other personally identifiable information may be collected by us, as well as our payment processing company.
b. You also understand and agree that any information provided by you is true and accurate, to be relied upon by us and any third parties in processing payment and delivering our products to you. Should your payment fail to process, we reserve the right to withhold the purchased product from you unless and until payment is properly rendered.
c. Limitations of Liability: We will take reasonable precautions and measures to keep this information private. While we will attempt to monitor and resist any third party hacking or third party ability to gain access to confidential information held by us, you agree and understand we are not liable for any unauthorized access to or use of your information or property, regardless of negligence, failures, tort, breach of implied or express contract, or any other causes of action or legal theories of liability, even if such theories could have been foreseeable or preventable, or if we were made aware of such a possibility. Our limitations of liability extend to the fullest possible extent permitted by law.
d. You also acknowledge and agree that we have no responsibility or liability for policies of third party payment processing companies we select and use to facilitate purchases through our Website. When you make a purchase on our Website or through us, please note you may also be subject to the terms and conditions, policies, and/or guidelines of the payment processing company, in addition to ours. For more information, we encourage you to visit the website of the payment processing company, and read their policies and terms and conditions as well. You agree to release us as well as the payment processing company we choose from any damages you incur as a result of this process, and agree not to file or assert any claims against us or the payment processing company arising from your purchase of a product through our Website.
e. You shall not make any chargebacks or threaten chargebacks. Any threat of action through payment processors or credit card companies will be treated as a failed payment and will result in an immediate and permanent suspension of your participation and access to the Website and all Content. This will not relieve your obligation to pay in full.
f. You will be required to pay for any fees associated with recouping payment, including but not limited to, collections fees and attorneys’ fees.
a. You agree at all times to defend, fully indemnify and hold harmless Profs and Pints and any members, employees, affiliates, agents, team members or other party associated with Profs and Pints from any causes of action, damages, losses, costs, expenses, injuries, worsening of health, or deaths incurred as a result of your use of our Website or any products or services contained therein, as well as any third party claims of any kind (including third party attorney’s fees) arising from your actions in relation to our Website or any breach by you of any such conditions outlined herein. Should we be required to defend ourselves in any action directly or indirectly involving you, or an action where we decide your participation or assistance would benefit our defense, you agree to participate and provide any evidence, documents, testimony, or other information deemed useful by us, free of charge.
b. We will attempt to monitor comments and posts made by third parties and users as often as possible. Should you, as a user of our Website, see anything objectionable or offensive posted by a third party, you agree to (1) notify us of the material, and (2) agree not to take any action against us based upon the content posted by the third party. You understand we cannot be responsible for material posted by a user without our control, and agree to release us of any and all claims arising therefrom.
c. Should you choose to utilize information offered on our website, whether free or for purchase, you agree that we are not liable to any party, for any damages – whether direct, indirect, consequential, foreseeable, incidental, or otherwise – resulting from or in any way related to use of or reliance upon any information contained or found on our Website, or from products or services purchased therefrom. You also understand and agree that we are not liable for any damages incurred as a result of your reliance or use of information on our Website written by a third party, whether endorsed or not by us, and you agree to release us from any and all claims arising from or related to, reliance on information contained on our Website.
12. Limitation of Liability
a. You understand and agree that the information offered via our Website is general information that may not be suitable for all persons, businesses, locations, countries, or persons in specific situations. You understand that your decision to use any information or purchase any products or services offered on our Website is purely voluntary. You agree and understand you will hold us harmless from any direct or indirect, perceived or actual damages or harm to your person or business as a result of choosing to utilize information found on or purchased from our Website. We are not responsible for any result from your decision to use information provided by us, nor are we responsible for your mental or physical health, damages, injury, death, income, finances, earnings, business, or any other part of your life or business, and you agree we are not liable for any such damages or losses incurring therefrom.
b. You understand and agree that Profs and Pints shall not to be held liable for any direct or indirect damages arising out of your use of our Website, any information contained herein, or any products or services purchased therefrom, including but not limited to general, specific, incidental, consequential, indirect, punitive, or special damages. You also agree that we are not liable or responsible in any way for any loss incurred by you or your business, including revenues, clients, business, goodwill, income, anticipated income, predicted income, sales numbers, loss of a sale, data, nor any computer failure, computer virus, malware, or malicious code obtained by use of our Website, technical glitch or failure, defect or delay, or any other similar issue. You agree that your decision to use our Website is wholly at your own risk and voluntarily chosen by you, and any ramifications resulting therefrom are yours alone.
c. You also understand and agree that we make no warranties, express or implied, and hereby renounce any such warranties, guarantees, or representations with respect to any portion of our Website, the content herein, content distributed through email lists, social media, via webinars, or that which is made available through purchase via our membership site. By use of the Website, you agree and understand that use of content and information found herein is to be used at your own risk, with no guarantees, representations, or warranties regarding fitness for particular purpose, accuracy, or otherwise.
13. Release of Claims
a. You also agree that under no circumstances will we be liable to you or any party for any type of damages resulting or claiming to result from any use of or reliance on our Website or any information or Content found therein, and you hereby release us from any and all claims whether known now or discovered in the future.
All of the terms of these Terms & Conditions, including but not limited to all copyright, trademark, and intellectual property rights, disclaimers, limitations of liability, release of claims, and our refund policy will still apply now and in the future, even after termination by you or us.
15. BINDING ARBITRATION
a. It is hoped that should we ever have any differences, we could be able to work them out amicably through email correspondence. However,should we be unable to seek resolution within a reasonable time, you agree now that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, selected jointly, in accordance with the American Arbitration Association Rules.
Prior to seeking arbitration, you must send an email to us at email@example.com and include all of your reasons for dissatisfaction. Upon receiving any arbitration request, we reserve the right to first engage an online dispute mediator in an effort to resolve our differences before proceeding to arbitration.
You understand and agree now that the only remedy that can be awarded to you through arbitration is full refund of your Payment made to date. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to you. We both agree now that the decision of the arbitrator is final and binding, and may be entered as a judgment into any court having the appropriate jurisdiction.
By purchasing our Content, Products, or Services you are agreeing to a modification of the statute of limitations such that any arbitration must be begun within one (1) year of the date of your email to me referenced above or you waive the right to seek dispute resolution by arbitration or to take any other legal action. You also agree that should arbitration take place, it will be held inWashington, DC, and the prevailing party shall be entitled to all reasonable attorneys’ fees and all costs necessary to enforce the decision of the arbitrator.
In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, including on social media about the nature of our dispute, its outcome, or any comments designed to disparage us, our Company, or any of our Content, Products or Services. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process.
Any claims brought by you must be brought in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate more than one person’s claims, may not otherwise preside over any form of a representative or class proceeding, and may not award class-wide relief.
16. Class Action Waiver
You waive any right to assert any claims against us as a representative or member in any class or representative action, except where such waiver is prohibited by law or deemed by a court of law to be against public policy. To the extent you are permitted by law or a court of law to proceed with a class or representative action, you agree that:
a. The Prevailing party shall not be entitled to recover attorneys’ fees or costs associated with pursuing the class or representative action, and
b. The party who initiates or participates as a member of the class will not submit a claim or otherwise participate in any recovery secured through the class or representative action.
a. Should an arbitrator or court of law determine any portion of these Terms and Conditions is invalid or otherwise unenforceable, you agree all remaining portions of these Terms and Conditions shall remain valid and unaffected by the removal of any portion of these Terms and Conditions.
18. Governing Law
a. This contract shall be governed and construed under the laws of Washington,DC, in the United States.
19. Notice under this Agreement
a. For any written or electronic communication regarding this agreement, notice must be sent to: Peter Schmidt, 2510 41st St. NW #2, Washington DC 20007 and firstname.lastname@example.org.
20. No Alterations or Waiver
a. We reserve the sole right to alter or edit the Terms and Conditions. No verbal statements, written statements, actions, or communications shall constitute or be construed as alteration or waiver of the Terms and Conditions. Nothing on our Website nor any communications between us is to be construed as a waiver of any of the above, nor shall we have waived any portion of these Terms and Conditions absent express, written confirmation by us expressly stating such a waiver. In the event that any waiver is deemed to exist, it shall be construed as narrowly as possible.
a. In the event of sale, closure, merger, or acquisition of our business entities, we may assign any or all rights described herein to resulting entities without notice or approval.
22. Entire Agreement
Should you have any questions with respect to any of the foregoing, please contact us at email@example.com.
Last updated on: April 09, 2020