User Agreement

This End User Agreement constitutes the agreement (“Agreement”) between [Weylman Center for Excellence in Practice Management, Weylman Center LLC,] (“Content Provider,” “we,” “us” or “our”) and the user (“you,” “user,” “your” or “End User”).

Content Provider is delivering the video and audio content to you via its website (the “Service”).  This Agreement describes the terms and conditions by which Content Provider provides you with the Service.  By purchasing the Service you agree to be legally bound by the terms and conditions of this Agreement.

BY CLICKING THE “ACCEPT” BUTTON TO PURCHASE THE SERVICE, YOU REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND THAT YOU HAVE READ AND UNDERSTAND FULLY THE TERMS AND CONDITIONS OF THIS AGREEMENT.  

  1. USER NAME AND PASSWORD
    In order to access and use the Service, you will be required to set up a User Name and a Password.  The User Name is a unique identification set of letters and/or numbers created by you, which you will use to identity yourself upon login.  The Password is also a unique set of letters and/or numbers created by you, which you will be required to provide in order to gain access to the Service.  You are responsible for any access to or use of the Service that is made with your User Name and Password regardless of whether you authorized such access or use.  If you believe that someone has accessed the Service using your User Name and Password without your authorization, you must notify the Content Provider immediately by using the contact information provided on the Content Provider’s website. You may not assign, lend, rent or allow others to use your User Name and Password and any attempt to do so shall automatically be void and cause the termination of this Agreement.
  2. SERVICE
    2.1.  Credits, Individual Viewings and Live Events. Content Provider’s website may provide you with the option to purchase individual viewings, to purchase credits to use towards individual viewings, and/or to purchase the viewing of live events, with any of the above being made available as either streaming content or store and play downloadable content.  In the event that you purchase any of the above options, you will not be entitled to a refund except as provided in the Refund Policy, as defined in Section 4 below.

2.2.  Enrollment Term. Except as provided in Section 2.1 above, the Service will be offered for  a set amount of time, annually as selected by you when purchasing the Service (a “Term”), which shall begin on the date that we activate your Service and end on the day before the same date in the following year as applicable). If you purchase the Service for a Term that is set to automatically renew, subsequent terms of this Agreement automatically renew for an additional Term unless you give us written notice of non-renewal at least ten (10) days before the end of the Term in which the notice is given. You are purchasing the Service for full Terms, meaning that if you attempt to cancel Service prior to the end of a Term, you will be responsible for the full Term's charges to the end of the then-current Term, which will immediately become due and payable. You will also be responsible for the next full Term's charges in the event that you do not provide the requisite ten-day notice of cancellation prior to the expiration of the then-current Term. Expiration of the Term or cancellation of Service will not excuse you from paying all accrued and unpaid charges due under this Agreement.

2.3.  Scope of Use.  Subject to the terms and conditions of this Agreement, Content Provider grants you the limited right and license to use the Service to access the video and audio programs and other content and software that is provided through the Service solely for personal use, and not for commercial purposes. Except for the right and license expressly granted in this paragraph, no right or license is granted by implication, estoppel or otherwise, and Content Provider and its licensors reserve all right, title and interest in and to the Service, the websites through which the Service is provided, all video, audio, news and other content provided through the Service, any trademarks and service marks appearing in the Service, and all software utilized to operate or provide the Service, the websites or such content, including, but not limited to, any rights under copyright, patent, trademark, service mark, or trade dress (whether or not any of these are registered), any proprietary rights in trade secrets, know-how, designs or databases, and any right or form of protection similar to any of the foregoing existing anywhere in the world.

2.4.  Prohibited Uses. You may not reproduce, modify, publish, transmit, participate in the transfer or sale, create derivative works, reverse engineer, or in any way exploit, any of the content or software, in whole or in part or circumvent or attempt to circumvent any digital rights management.  You acknowledge that you do not acquire any ownership rights by the use of or access to the Service, the content or software therefrom. 

2.5.  Information Provided to Third Parties. We may disclose your personally identifiable information (“PII”), any communications sent or received by you, and any other information that we may have about your account, including but not limited to types of service, length of service, physical mailing address(es), MAC address(es), IP address(es), and email address(es) to third parties, as follows: (i) to the licensor(s) of Content Provider or of the content you receive from the Service; (ii) to vendors to the extent necessary for the delivery of the Service to you; (iii) in response to law enforcement or other governmental agency requests; (iv) as required by law, regulation, rule, subpoena, search warrant or court order; (v) as necessary to identify, contact or bring legal action against someone who may be misusing the Service; (vi) to protect our rights and property; and/or (vii) to corporate successors in interest or contract assigns. 

2.6.  Copyright and Trademark.  All Services, information, documents and materials on any of Content Provider’s and the Content Provider’s websites are protected by trademark, copyright or other intellectual property laws and international treaty provisions.  All of Content Provider’s and the Content Provider’s websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively “marks”) are and will at all times remain such entity’s exclusive property. Nothing in this Agreement grants you the right or license to use any of such marks.

2.7. Service Distinctions. The Service is provided on a best efforts basis. Things beyond our control may affect the Service, such as power outages, fluctuations in the Internet traffic, or your underlying broadband service. Other things may affect Service, such as maintenance. We will act in good faith to minimize disruptions to your use of and access to the Service, but shall not be responsible for any such disruptions.

  1. CHARGES; PAYMENTS; TAXES; DISCONNECTION
    3.1. Billing. When the Service is activated, you must provide us with a valid email address and either a credit or debit card number from a card issuer that we accept or other payment information any payment mechanisms that we may accept. We reserve the right to stop accepting credit or debit cards from one or more issuers. If your credit or debit card expires, you close your account, your billing address changes, or your credit or debit card is cancelled and replaced on account of loss or theft, you must advise us at once. If you purchase Services on a Term that automatically renews, we will bill all charges, applicable taxes and surcharges at the beginning of each Term to your credit or debit card.

3.2.  Billing Disputes. You must notify us in writing within seven days after receiving your credit or debit card statement if you dispute any Service charges on that statement or you will be deemed to have waived any right to contest such charges. All notices of disputed charges should be sent to:

[The Weylman Center for Excellence] 
[PO Box 436]
[Boca Grande, FL 33921]

3.3.  Payment and Collection. 
(a) Payment. In the event that you pay for the Services with a credit or debit card, you authorize us to charge your credit or debit card. This authorization will remain valid until 30 days after we receive written notice from you terminating our authority to charge your credit or debit card, whereupon we will charge your credit or debit card for all outstanding charges and terminate your Service. We may terminate your Service at any time in our sole and absolute discretion if any charge to your credit or debit card is declined or reversed, your credit or debit card expires and you have not provided us with a valid replacement credit or debit card or in case of any other non-payment of account charges.  In the event that you desire to change your payment method, you must cancel the Service and re-subscribe using the new payment method.

(b) Collection. If your Service is terminated, you will remain fully liable to us for all charges pursuant to this Agreement and any and all costs we incur to collect such amounts, including, without limitation, collection costs and attorney's fees.

(c) Notices. You understand that it is difficult for us to distinguish between credit and debit cards. You agree to waive your rights under Regulation E of the Electronic Fund Transfer Act to receive ten days advance notice from us regarding the amount that we will debit from your account. We may send you messages about your billing from time to time, but we are not obligated to do so. We may change or cease its messages at any time without notice to you.

3.4.  Disconnection; Discontinuance of Service. We reserve the right to suspend or discontinue the Service generally, or to disconnect your Service, at any time in our sole and absolute discretion. If we discontinue the Service generally, or terminate your Service without a stated reason, you will only be responsible for charges accrued through the date of termination.  If your Service is terminated on account of your breach of any provision of this Agreement, you will be responsible for the full Term’s charges to the end of the current Term.

3.5.  Cancellation Rights.  You may cancel your subscription at any time by notifying the Content Provider via email at the email address provided on the Content Provider’s website.  Cancellation will be effective at the end of the Term during which you notify us of your cancellation.  You will not receive any refund in the event of cancellation except as otherwise provided in the Refund Policy, as defined in Section 4 below.

3.6.  Taxes. State and local governments may assess taxes, surcharges and/or fees on your use of the Service. These charges may be a flat fee or a percentage of your charges for the Services and may change from time to time without notice. These charges are based on the rates applicable to the address you provided to us.  You are responsible for all applicable federal, state, provincial, municipal, local or other governmental sales, use, excise, value-added, personal property, public utility or other taxes, fees or charges now in force or enacted in the future, that arise from or as a result of your subscription or use or payment for the Service. Such amounts are in addition to payment for the Service and will be billed to your credit card as set forth in this Agreement. If you are exempt from payment of such taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such certificate.

  1. REFUND POLICY
    Except as otherwise set forth within this agreement in the refund policy you will not be entitled to a refund for any reason. 
  2. LIMITATION OF LIABILITY; INDEMNIFICATION; WARRANTIES
    5.1. Limitation of Liability.We will not be liable for any delay or failure to provide the Service at any time or from time to time, or any interruption that is caused by any of the following:
  • an act or omission of any third party; 
  • equipment, network or facility failure; 
  • equipment, network or facility upgrade or modification; 
  • force majeure events such as (but not limited to) acts of God, acts of nature, strikes, fire, war, riot, acts of terrorism and government actions; 
    equipment, network or facility shortage; 
  • equipment or facility relocation; 
  • service, equipment, network or facility failure caused by the loss of power; 
  • outage of, or blocking of ports by, your ISP or broadband service provider or other impediment to usage of the Service caused by any third party; 
  • any act or omission by you or any person using the Service provided to you; or
  • any other cause that is beyond our control.

Content Provider’s and its affiliates’, or their respective directors’ officers’ employees’, agents’, service providers’ suppliers’ or licensors’ combined aggregate liability under this Agreement will in no event exceed the Service charges with respect to the affected time period.

5.2. Limitation of Liability: EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, IN NO CIRCUMSTANCE AND UNDER NO LEGAL THEORY (INCLUDING WITHOUT LIMITATION TORT, CONTRACT, AND OTHERWISE), SHALL CONTENT PROVIDER, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, SUPPLIERS, OR LICENSORS HAVE ANY LIABILITY TO END USER OR TO ANY PERSON OR ENTITY FOR (i) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, TREBLE, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF EARNINGS, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF DATA, PERSONAL INJURIES (INCLUDING DEATH), RESULTING DIRECTLY OR INDIRECTLY OUT OF, OR OTHERWISE ARISING UNDER, RELATED TO, OR IN CONNECTION WITH THE SERVICE OR END USER'S RELIANCE ON OR USE OF THE SERVICE , INCLUDING WITHOUT LIMITATION ANY MISTAKES, OMISSIONS, INTERRUPTIONS, COMPUTER OR OTHER HARDWARE OR SOFTWARE BREACH, FAILURE, OR MALFUNCTION, DELETION OR CORRUPTION OF FILES, WORK STOPPAGE, ERRORS, DEFECTS, DELAYS IN OPERATION, DELAYS IN TRANSMISSION, OR FAILURE OF PERFORMANCE OF THE SERVICE; OR (ii) ANY LOSSES, CLAIMS, DAMAGES, EXPENSES, LIABILITIES OR COSTS (INCLUDING LEGAL FEES) RESULTING DIRECTLY OR INDIRECTLY OUT OF, OR OTHERWISE ARISING UNDER, RELATED TO, OR IN CONNECTION WITH, ANY ALLEGATION, CLAIM, SUIT OR OTHER PROCEEDING BASED UPON A CONTENTION THAT THE USE OF THE SERVICE BY END USER OR ANY OTHER PERSON OR ENTITY INFRINGES THE COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY, OR OTHER INTELLECTUAL PROPERTY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY.  THE LIMITATIONS SET FORTH HEREIN APPLY TO CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY, TORT AND ANY AND ALL OTHER THEORIES OF LIABILITY AND APPLY WHETHER OR NOT WE WERE INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES.

5.3. Indemnification and Survival. 
(a) Indemnification. You shall defend, indemnify, and hold harmless Content Provider, its affiliates and their respective directors, officers, employees, agents, service providers, suppliers, licensors and any other service provider who furnishes services to you in connection with the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, attorneys fees) by, or on behalf of, you or any third party or user of the Service, relating to your conduct or any of your activities related to the Service.

(b) Survival. The provisions of this Agreement that by their sense and context are intended to survive the termination or expiration of this Agreement shall survive.

5.4. No Warranties on Service. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF THE SERVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE SERVICE WILL MEET END USER'S REQUIREMENTS.  STATEMENTS AND DESCRIPTIONS CONCERNING THE SERVICE, IF ANY, BYCONTENT PROVIDER OR ANY OF ITS AGENTS ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND.  WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, OR LOSS OF CONTENT, DATA OR INFORMATION. NEITHER CONTENT PROVIDER, NOR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS, OR ANY OTHER SERVICE PROVIDER, LICENSOR OR VENDOR WHO FURNISHES SERVICES TO END USER IN CONNECTION WITH THE SERVICE, WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, END USER'S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF CONTENT PROVIDER’S OR ITS SERVICE PROVIDER'S, LICENSOR’S OR VENDORS' NEGLIGENCE.

5.5.  No Third Party Beneficiaries. No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights, except for Content Provider’s licensors.

  1. MISCELLANEOUS
    6.1. Governing Law.The Agreement and the relationship between you and us is governed by the laws of [Florida] without regard to its conflict of law provisions. To the extent court action is initiated to enforce an arbitration award or for any other reason consistent with Section Error! Reference source not found. below, you shall submit to the personal and exclusive jurisdiction of the courts located within [Florida] and waive any objection as to venue or inconvenient forum.

6.2. Mandatory Arbitration and No Jury Trial. Any dispute or claim arising out of or relating to the Service will be resolved by arbitration before a single arbitrator appointed by the American Arbitration Association in accordance with its Commercial Arbitration Rules.  The arbitrator's decision will follow the plain meaning of the relevant documents, and will be final and binding.  Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.  THIS ARBITRATION PROVISION CONSTITUTES A WAIVER OF ANY RIGHT TO A JURY TRIAL.

6.3. Restrictions. REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. All claims shall be individually arbitrated. You shall not bring, or join any class action of any kind in court or in arbitration or seek to consolidate or bring previously consolidated claims in arbitration.

6.4. Location of Arbitration: The arbitration will take place in [Florida] or, upon Content Owner’s consent, at a location convenient to you, in the area where you receive the Service.

6.5.  Payment of Arbitration Fees and Costs: YOU ARE RESPONSIBLE FOR ADDITIONAL FEES AND COSTS THAT YOU INCUR IN THE ARBITRATION, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS OR EXPERT WITNESSES. IF THE ARBITRATION PROCEEDING IS DECIDED IN OUR FAVOR, YOU SHALL REIMBURSE US FOR THE FEES AND COSTS ADVANCED TO THE AMERICAN ARBITRATION ASSOCIATION ON YOUR BEHALF ONLY UP TO THE AMOUNT THAT YOU WOULD HAVE PAID TO FILE A CASE REGARDING YOUR DISPUTE WITH US IN THE STATE COURT WHERE YOU RECEIVE THE SERVICE FROM US. IF THE ARBITRATION PROCEEDING IS DETERMINED IN YOUR FAVOR, YOU WILL NOT BE REQUIRED TO REIMBURSE US FOR ANY OF THE FEES AND COSTS ADVANCED BY US ON YOUR BEHALF. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS SECTION, EACH OF US AND YOU WILL PAY ALL OTHER FEES AND COSTS WHICH EACH OF US AND YOU ARE REQUIRED BY LAW TO PAY.

6.6.  Exclusions from Arbitration: THE PARTIES HERETO AGREE THAT THE FOLLOWING WILL NOT BE SUBJECT TO ARBITRATION:

(1) ANY DISPUTE OVER THE VALIDITY OF ANY PARTY'S INTELLECTUAL PROPERTY RIGHTS; AND

(2) ANY DISPUTE RELATED TO OR ARISING FROM ALLEGATIONS ASSOCIATED WITH FRAUDULENT OR UNAUTHORIZED USE, THEFT OR PIRACY OF SERVICE.

6.7. No Waiver of Rights. Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.

6.8. Entire Agreement. This Agreement, including any future modifications as may occur within the terms of the Agreement, and the rates for Services, which are made available at the Content Provider’s website constitute the entire agreement between you and us and govern the use of the Service.  This Agreement supersedes any prior agreements between you and us with respect to the subject matter hereof, and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter.

6.9. Severability. If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement will remain valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement.

  1. ASSIGNMENT
    This Agreement and the rights and obligations under this Agreement may be transferred or assigned by Content Provider, in whole or in part, at any time and the terms and provisions of this Agreement shall inure to the benefit of such transferee or assignee.
  2. FUTURE CHANGES TO THIS AGREEMENT
    We may change the terms and conditions of this Agreement from time to time. Notices will be considered given and effective on the date posted on the Content Provider’s website. Such changes will become binding on you on the date they are posted to such website and no further notice by us is required upon your continued use of the Service. The Agreement as and when posted supersedes all previously agreed to electronic and written terms of service.
  3. PRIVACY
    The Service utilizes, in whole or in part, the public Internet to transmit communications. We are not liable for any lack of privacy which may be experienced with regard to the Service. For additional information, please refer to our Privacy Policy, which is available at http://www.richardweylman.com/privacy_statement.php.

This End User Subscription Agreement constitutes the agreement (“Agreement”) between [Weylman Center LLC] (“Content Provider,” “we,” “us” or “our”) and the user (“you,” “user,” “your” or “End User”).
 
Content Provider is delivering the video and audio content to you via its website (the “Service”).  This Agreement describes the terms and conditions by which Content Provider provides you with the Service.  By purchasing the Service you agree to be legally bound by the terms and conditions of this Agreement.

BY CLICKING THE “ACCEPT” BUTTON TO PURCHASE THE SERVICE, YOU REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND THAT YOU HAVE READ AND UNDERSTAND FULLY THE TERMS AND CONDITIONS OF THIS AGREEMENT.