Lauman Training Lessons – End User License Agreement
This End User License Agreement (“Agreement”) is an agreement between you and Lauman Training Lessons. (“LTL”). LTL’s website at LaumanTrainingLessons.com (“LTL Website”) includes information, data, text, music, photographs, images, graphics, audio, videos, messages, underlying html source code, and other content (collectively the “Materials”). This Agreement governs your use of the Materials on the LTL Website. By creating an account on the website or checking the “I Accept” box (or box with similar designation), you are agreeing to be legally bound by the terms and conditions of this Agreement.
1. LICENSE GRANT LTLgrants you a limited, personal, non-exclusive license to access and view the Materials from the LTL Website, which may include a license to access and view one or more videos listed on the LTL Website (collectively the “Licensed Videos”). The number of Licensed Videos included in this license grant depends on the compensation received from you as stated on the LTL Website.
2. RESTRICTIONS Your right to access and view the Materials is limited to the license grant in Paragraph 1, and you may not otherwise copy, display, distribute, perform, publish, modify, create works from, or use the Materials or any component of it. You shall not engage in or facilitate the unauthorized file-sharing of the Materials, such as the unauthorized posting, making available, uploading, downloading, or other distribution of the Materials. Unauthorized file-sharing includes, for example, making a copy of the Materials available on a network where it could be used and/or downloaded by multiple users. It also includes sharing your account information with others for the purpose of their viewing videos licensed to you.
Your account may be suspended, without notice, if it appears that you are in violation of any restrictions in this agreement.
3. INTELLECTUAL PROPERTY LTL expressly reserves all right, title, and interest in the Materials, and all associated copyrights, trademarks, and other intellectual property rights therein. You shall not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the Materials or any part thereof. The names, marks, and logos included on the LTL Website and in the Materials are, unless otherwise noted, trademarks owned by or licensed to LTL. The use of those marks is prohibited. From time to time, LTL may use third party trademarks on the LTL Website. Such trademarks shall remain the intellectual property of their respective third party owners, and LTL makes no claim to ownership of any such trademarks. If you infringe any of LTL’s copyrights, or those of other Producers who have content on the LTL Website such as by performing the above prohibited activities, you may be liable for up to $150,000 in statutory damages for each copyrighted Material. Additionally, your liability may exceed $150,000 for each copyrighted Material
if LTL incurs actual damages and/or lost profits of more than that amount.
4. LINKS The LTL Website may provide links to third party websites. Those links are provided solely as a convenience to you and not as an endorsement by LTL of the contents on such third-party websites. LTL is not responsible for the content of linked third-party websites. LTL exercises no control whatsoever over such other websites and web-based resources, does not make any representations regarding the content or accuracy of material on such third-party websites and is not responsible or liable for the availability thereof or the content, advertising, products, or other materials contained thereon. LTL shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. You acknowledge that your use of third-party websites is solely at your risk.
5. SUBMISSIONS All information, data, text, music, photographs, graphics, audio, videos, messages, or any other materials (collectively “User Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such User Content originated. Therefore, you, and not LTL, are entirely responsible for all User Content that you upload, post, e-mail or otherwise transmit via the LTL Website. You shall not transmit User Content or otherwise conduct or participate in any activities on the LTL Website which, in the opinion of LTL, is prohibited by law in applicable jurisdictions, including materials or activities that (1) infringe any patent, trademark, copyright, trade secret, or other proprietary rights of any party, unless you are the owner of those rights or have express written permission of the owner to post or transmit such material to the LTL Website; (2) infringe on any other intellectual property rights of others or on the privacy or publicity rights of others; (3) are obscene, defamatory, threatening, harassing, abusive, hateful, embarrassing, or otherwise objectionable to another person or entity; (4) are sexually explicit; (5) are an advertisement or solicitation of business or advocates an unsolicited or unrelated position or opinion; (6) represent any form of “chain letters” or pyramid scheme; (7) impersonate another person or entity; (8) intentionally or unintentionally violate any applicable local, state, national, or international law while using or accessing the LTL Website or the Materials; or (9) contain a virus, Trojan, back door, logic bomb, or any other form of malicious computer code. You hereby waive all copyrights, moral rights, and any other rights to any User Content which you submit, and grant to LTL a royalty-free perpetual irrevocable non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, perform, display, and distribute such User Content, in whole or in part, worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereinafter developed for the full term of any copyright in such User Content, and to sublicense such rights through multiple tiers of sublicensees. You also hereby grant all other users of the LTL Website the right to copy, download, and store the User Content for their personal use. LTL does not control User Content. LTL has the right, but not the obligation, to monitor submissions by you, and reserves the right to modify, move, or remove any User Content at any time for any reason in its sole discretion, including for foul language, attempted commercial use of the LTL Website, threats, discriminatory, racist, or abusive language, or any behavior that is deemed objectionable by LTL. You are responsible for your own communications and are solely responsible for the consequences of posting any User Content. LTL does not screen communications in advance and is not responsible for screening or monitoring posted material. If notified by you of the LTL website about communications that allegedly do not conform to any term of this Agreement, LTL may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. LTL has not liability or responsibility to you for performance or non-performance of such activities. LTL reserves the right, in its sole discretion, to restrict your access to the LTL Website for violating this Agreement or the law. LTL also reserves the right at all times to disclose any information, as necessary, to satisfy any applicable law, regulation, legal process, or government request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in LTL’s sole discretion. LTL DOES NOT ENDORSE, SUPPORT, REPRESENT, OR GUARANTEE THE TRUTHFULNESS, ACCURACY, OR RELIABILITY OF ANY USER CONTENT OR ENDORSE ANY OPINIONS EXPRESSED BY USERS. YOU ACKNOWLEDGE THAT ANY RELIANCE ON USER CONTENT POSTED BY OTHER USERS WILL BE AT YOUR SOLE RISK.
7. REFUND POLICY For Materials purchased through the LTL Website, LTL’s Return Policy is described at www.laumantraininglessons.com/faq . This Agreement incorporates the Return Policy and your acceptance of this Agreement includes acceptance of the Return Policy.
8. TERM This Agreement, except as otherwise provided, shall be in full force and effect commencing on the date you agree to be legally bound by the Agreement and shall extend for a term at stated on the LTL website. The term may, if applicable, be extended with your additional compensation as stated on the LTL Website. The term is, however, subject to change without notice.
8a. MEMBERSHIPS: By clicking the I Accept button, you understand you are entering into a subscription service which automatically renews every month, and will result in automatic charges to your credit card. You may cancel at any time and without notice. You also authorize LTL to send your payment reminder emails and other kinds of official account notifications and you agree not to report these as “spam” to your internet provider. You will *not* be added to any promotional or marketing emails as a result of this action. You may optionally elect to sign up for those by opting into our e-news.
9. COMPENSATION In consideration for the license granted in Paragraph 1, you may be required to pay LTL in the amount stated on the LTL Website prior to being given the ability to access and view the Materials. All payments shall be made in United States currency. All sales are finals and LTL will not provide any refunds. The compensation required for the license granted in Paragraph 1 is, however, subject to change without notice.
10. TERMINATION This Agreement is effective until terminated. Your rights under the Agreement will terminate immediately and automatically without any notice from LTL if you fail to comply with any of the terms and conditions of this Agreement. Termination will not limit any of LTL’s other rights or remedies at law or in equity. Paragraphs 3-7 and 11-18 of this Agreement shall survive termination or expiration of this Agreement for any reason.
11. INDEMNITY You shall defend, indemnify, and hold LTL, our officers, directors, shareholders, employees, consultants, agents, and suppliers harmless from and against any claims, actions, demands, liabilities, and settlements, including attorneys fees and costs resulting from, or alleged to results from, your violation of this Agreement.
12. DISCLAIMER OF WARRANTIES ACCESS TO THE MATERIALS IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANT OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. LTL DOES NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. LTL DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE MATERIALS; THAT THE MATERIALS WILL MEET YOUR REQUIREMENTS; THAT YOUR VIEWING OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE; OR THAT THE MATERIALS WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE OR THAT ANY ERRORS IN THE MATERIALS WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY LTL OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, THUS SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
13. LIMITATION OF LIABILITY TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL LTL BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, OR ANY FORM OF INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE MATERIALS, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY, OR OTHERWISE, WHETHER OR NOT LTL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OF LIABILITY FOR DEATH, PERSONAL INJURY, FRAUDULENT MISREPRESENTATIONS OR CERTAIN INTENTIONAL OR NEGLIGENT ACTS, OR VIOLATION OF SPECIFIC STATUTES, OR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. IN NO EVENT SHALL LTL’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO VIEW THE MATERIALS.
14. JURISDICTION AND DISPUTES This Agreement shall be governed in accordance with the laws of the State of Oregon. All disputes under this Agreement shall be resolved by the courts of the State of Oregon, including the United States District Court for the District of Oregon. LTL and you consent to the jurisdiction of such courts, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available. You agree that a breach of this Agreement may cause irreparable injury to LTL for which monetary damages would not be an adequate remedy and LTL shall be entitled to seek equitable relief in addition to any remedies it may have hereunder or at law.
15. WAIVER No waiver by either LTL or you of any default shall be deemed as a waiver of prior or subsequent default of the same or other provisions of this Agreement.
16. SEVERABILITY If any term, clause, or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause, or provision and such invalid term, clause, or provision shall be deemed to be severed from the Agreement.
17. ASSIGNABILITY The license granted in Paragraph 1 is personal to you and you shall not assign or sublicense rights to a third party by any act or by operation of law.