READ THIS AGREEMENT CAREFULLY ACCESSING THE CONTENT OFFERED BY COMPANY. BY USING OR ACCESSING THE CONTENT YOU AGREE TO BE BOUND BY THE AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY THIS AGREEMENT, YOU SHOULD PROMPTLY EXIT FROM THIS WEBSITE.
1. Scope Of The Agreement This Agreement (the "Agreement") is an agreement between you ("You" or the "User") and Ana Marie Yoga ("Company"). Company is the owner of the VIP Member Vault Website (the "Website"). This Agreement states the terms under which You may access and use the Website and all materials on the Website, including all products, content, services, articles, text, photographs, images, illustrations, audio clips, video clips and computer software (collectively, the "Content").
2. Title The Content is licensed, not sold to You, and shall only be used by You in accordance with this Agreement. Title to and full ownership of any trade secrets, copyrights, trademarks and other intellectual property rights related to the Content will remain with Company and/or its suppliers, licensors or Content providers. You acknowledge that the Content is Company’s proprietary property, and You shall respect Company's proprietary rights therein.
3. License Company grants to You a personal, non-exclusive, non-transferable limited license to access the Website and Content for use solely for training, educational and personal purposes (the "Purpose"). You may not use the Content for any commercial purpose. No other rights to the Website or to the Content are granted.
4. Feedback Any comments, questions, suggestions, feedback or other communications (the "Feedback") provided by You to Company relating to the Content and/or Website shall be deemed non-confidential, and You shall not claim any intellectual property rights or other proprietary rights in such Feedback. Company may freely use the Feedback and may also copy, reproduce, create derivative works and /or distribute such Feedback without any restrictions whatsoever. Company may include the Feedback in the design, development and commercialization of the Content and/or Website and other products and content.
5. Use Of The Content You shall not: 5.1. modify the Content in any way;
5.2. sublicense, commercialize, resell or use the Content otherwise than as expressly authorized in this Agreement;
5.3. incorporate the Content in any product or service that You make available to a third party whether on a commercial basis or not;
5.4. remove or alter any proprietary notices or legends on the Content; and
5.5. develop or produce adaptations, enhancements, modifications, derivative works or improvements of the Content.
6. Indemnity You will indemnify and hold Company, its officers, agents, servants and employees (collectively, the “Indemnified Parties”) harmless from any and all loss, damage, liability, cost or expense ("Loss") which may be suffered or incurred by You or by the Indemnified Parties arising out of (i) the activities carried out by Company under this Agreement; and (ii) use by You of the Website and Content.
7. Trademarks And Links 7.1. The Website may contain links to third-party Websites. These links are provided solely as a convenience to You and do not represent an endorsement by Company of the contents of such third-party Websites. Company is not responsible for the content of any third-party Website, nor does it make any representation or warranty of any kind regarding any third-party Website.
7.2. While Company encourages links to the Website, it does not wish to be linked to or from any third-party Website which may be damaging to the activities, operations or integrity of Company in any way. You agree to remove any link to the Website immediately upon the request of Company.
7.3 Ana Marie Yoga (TM) is a trademark of Company. Other trademarks displayed on the Website may constitute registered or unregistered trademarks of Company or third parties. While certain trademarks of third parties may be used by Company under license, the display of third party trademarks on the Website should not be taken to imply any relationship or license between Company and the owner of the trademark or to imply that Company endorses the products, content, services or business of the owner of the said trademark.
8. THE CONTENT AND THE WEBSITE ARE MADE AVAILABLE TO YOU ON AN "AS IS" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE THAT COMPANY PROVIDES NO WARRANTY NOR ANY INDEMNITY TO YOU HEREUNDER. COMPANY EXCLUDES:
(A) ALL INDEMNITIES ARISING IN LAW OR IN EQUITY IN RESPECT OF THE WEBSITE AND/OR CONTENT; AND
(A) ANY OTHER WARRANTY OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE CONTENT. COMPANY MAKES NO WARRANTIES FOR ANY SERVICES PROVIDED HEREUNDER OR AS TO THE ADEQUACY OF THE CONTENT NOR TO THE SUITABILITY OF THE SAME FOR USE BY YOU. COMPANY DOES NOT WARRANT THAT A) THE OPERATION OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, OR B) ALL CONTENT ERRORS WILL BE CORRECTED, OR C) THE RESULTS OR AVAILABILITY OF ANY SERVICES OR CONTENT.
9. LIMITATION OF LIABILITY 9.1. COMPANY SHALL NOT BE RESPONSIBLE FOR YOUR COMPETENCY OR FOR THE EXERCISE OF YOUR SKILLS AFTER COMPLETION OF ANY COURSES, LECTURES, TRAININGS OR PRESENTATIONS CONCERNING THE CONTENT OR ON THE WEBSITE. COMPANY DOES NOT GUARANTEE THAT ANY PERSON USING THE CONTENT WILL ACHIEVE THE NECESSARY PROFICIENCY TO QUALIFY FOR ANY LICENSE, CERTIFICATE OR RATING ISSUED BY ANY GOVERNMENT AUTHORITY, TRADE ASSOCIATION OR ALLIANCE OR WILL ACHIEVE ANY POSITIVE BUSINESS RESULTS.
9.2. COMPANY SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR, AND YOU SHALL INDEMNIFY AND HOLD COMPANY HARMLESS FROM, ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES EVEN IF COMPANY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY THEREOF, INCURRED BY YOU OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT AND/OR USE OR PERFORMANCE OF THE WEBSITE, AND/OR CONTENT. COMPANY EXPRESSLY DISCLAIMS ALL LIABILITY WITH RESPECT TO, AND YOU AGREE THAT COMPANY SHALL HAVE NO LIABILITY WITH RESPECT TO, ANY DAMAGES CAUSED BY THE USE OF THE WEBSITE, CONTENT OR ANY MALFUNCTION OF THE WEBSITE, AND/OR CONTENT.
IF COMPANY IS ORDERED TO PAY ANY DAMAGES TO YOU, SUCH DAMAGES SHALL BE LIMITED TO DIRECT DAMAGES ONLY, AND SHALL NOT EXCEED THE LESSER OF (I) THE DIRECT DAMAGES ACTUALLY INCURRED BY YOU AS A RESULT OF COMPANY'S BREACH; OR (II) $100.
10. Term & Termination 10.1. This Agreement shall become effective upon acceptance by You, and shall terminate upon revocation or expiration of your username and password. 10.2. Upon termination of this Agreement for whatever reason, the License(s) granted hereunder shall forthwith be revoked, and Your usernames and passwords will be deactivated.
10.3. Company may revoke your username and password and/or terminate this Agreement for convenience and without penalty or reimbursement in whole or in part immediately upon notifying You.
11. Notices You may provide a notice pertaining to this Agreement to Company via email at email@example.com or at the following address: Ana Merchak 608 Soo Marie Ave Stevens Point, WI 54481.
12. Disputes The terms of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Wisconsin, excluding its conflict of law rules. Each of the parties irrevocably and unconditionally: (a) agrees that any suit, action, or other legal proceeding arising out of or relating to this Agreement must be brought in the courts of Portage County, Wisconsin; (b) consents to the exclusive jurisdiction of each such court in any such suit, action, or proceeding; and (c) waives any objection which it may have to the laying of the venue of any such suit, action or proceeding in any of such courts. Notwithstanding the foregoing, Company shall be entitled to obtain injunctive relief before the competent tribunal of any jurisdiction.
13. Severability If any term or provision of this Agreement is invalid, illegal or incapable of being enforced by any rule of law, all other provisions of this Agreement shall nevertheless remain in full force and effect.
14. Entire Agreement The Agreement constitutes the entire agreement between You and Company and supersedes all prior discussions, representations or agreements between the parties with respect to its subject matter. This Agreement may be altered, modified or amended by Company from time to time, in which case You will be required to renew your acceptance of the Agreement.