FreeMacLessons.com - Terms of Use
   
     
   
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freemaclessons.com Website and Online Videos Terms and Conditions of Use


THIS IS A CONTRACT. PLEASE CAREFULLY READ THE FOLLOWING TERMS BEFORE ACCESSING THIS SITE AND THE ONLINE VIDEOS. BY ACCESSING THE SITE, YOU ACCEPT AND AGREE TO ALL OF THE COVENANTS AND CONDITIONS IMPOSED IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS THE SITE.

BY USING FREEMACLESSONS.COM, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS. YOU ALSO AGREE TO REVIEW THIS AGREEMENT PERIODICALLY TO BE AWARE OF MODIFICATIONS TO THE AGREEMENT, WHICH MODIFICATIONS FREEMACLESSONS.COM MAY MAKE AT ANY TIME. YOUR CONTINUED USE OF THIS SITE WILL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF ANY MODIFIED AGREEMENT.


1. Contact Information.

http://www.freemaclesson.com/contact.shtml
info@freemaclessons.com

2. Definitions.
“Access” or “Accessing” means accessing, using, viewing the content or otherwise obtaining information on the Site.
“Agreement” or “Terms” refers to these Terms and Conditions of Use and any subsequent modifications.
“Online Videos means the database of audio-visual works that are available through the Site and is part of the Site.
“User” refers to any party who Accesses the Site. If You are Accessing the Site as an employee or agent of another, “User” refers to You and Your principal.
“Website” or “Site” refers to the website maintained on the World Wide Web by freemaclesson.com, available at http://www.freemaclessons.com and includes the Online Videos.
“You” or “Your” refers to the User. If You are Accessing the Site as an employee or agent of another, “You” or “Your” refers to the User and the User’s principal.

3. Modification of Terms.
freemaclessons.com reserves the right to modify these Terms at any time. Except as otherwise stated herein, any change to these Terms is effective immediately after freemaclessons.com gives notice to the User. Notice can be given through e-mail, a posting on the Site or any other means by which a User may obtain notice. User agrees to check the Site periodically for changes to these Terms. Any use of the Site after changes have been made shall be deemed acceptance of those changed terms and/or conditions.

4. Prohibited Conduct.
User expressly agrees to refrain from doing, either personally or through an agent, any of the following “Prohibited Conduct”:
. Transmit, install, upload or otherwise transfer any virus, advertisement, communication, or other item or process to the Site that in any way affects the use, enjoyment or service of the Site, or adversely affects freemaclessons.com’s computers, servers or databases.
. Capture, download, save, upload, print or otherwise retain information and content available on the Site other than what is expressly allowed by these Terms.
. Copy, modify, reverse engineer, disassemble, redistribute, republish, alter, create derivative works from, assign, license, transfer or adapt any of the software, information, text, graphics, source code or HTML code, or other content available on the Site.
. Remove or modify any copyright, trademark, legal notices, or other proprietary notations from the content available on the Site.
. Transfer the Site content to another person; “frame,” “mirror,” “in-line link,” or employ similar navigational technology to the Site content; or “deep link” to the Site content.
. Violate or attempt to violate freemaclessons.com’s security mechanisms, Access any data or server You are not authorized to Access or otherwise breach the security of the Site or corrupt the Site in any way.
. Engage in any other conduct which violates the Copyright Act or other laws of the United States.
. Use any device (such as a “web crawler” or other automatic retrieval mechanism) or other means to harvest information about the Site or freemaclessons.com.
. Use the Site to violate a third party’s intellectual property, personality, publicity or confidentiality rights; upload, download, display, publish, perform, create derivative works from, transmit, or otherwise distribute information or content in violation of a third party’s intellectual property rights.
. Misrepresent Your identity or personal information when Accessing the Site; forge any TCP/IP packet header or any part of the header information in any e-mail so that the e-mail appears to be generated by freemaclessons.com.
. Post obscene, harassing, defamatory, filthy, violent, pornographic, abusive, threatening, objectionable or illegal material on the Site; post a communication that advocates or encourages criminal conduct or conduct that may give rise to civil liability.
. Advertise or otherwise solicit funds, goods or services on the Site.
. Provide any commercial hosting service with Access to the Site and/or the content on the Site.
You agree not to violate any U.S., foreign or international software or technology export laws and regulations, including without limitation the U.S. Export Administration Regulations.

5. DISCLAIMERS AND LIMITATION OF LIABILITY.
USER ACCESSES THIS SITE AT HIS/HER/ITS OWN RISK. THE SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EXPRESSED, IMPLIED OR STATUTORY, AND ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS ARE SPECIFICALLY DISCLAIMED. FREEMACLESSONS.COM DOES NOT WARRANT ANY PARTICULAR RESULT FROM USE OF THE SITE. FREEMACLESSONS.COM DOES NOT WARRANT THAT THE INFORMATION ON THE SITE IS ACCURATE, COMPLETE OR COMPLIES WITH ANY PARTICULAR LAW OR REGULATION, OR THAT THE OPERATION OF AND YOUR ACCESS TO THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE OR COMPLETELY SECURE. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (TORT, CONTRACT OR OTHERWISE) SHALL FREEMACLESSONS.COM OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, SHAREHOLDERS, DIRECTORS, OFFICERS, THIRD PARTY CONTENT PROVIDERS, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF DATA, LOSS OF PRODUCTIVITY OR CONTRACT, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. YOUR USE OF THIS SITE IS AT YOUR SOLE RISK AND ANY CONTENT THAT YOU DOWNLOAD IS DOWNLOADED AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM AND FOR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY SUCH CONTENT, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES. IN NO EVENT WILL FREEMACLESSONS.COM BE LIABLE FOR ANY DAMAGES. IN NO EVENT WILL WARRANTIES PROVIDED BY LAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM THE NEGLIGENCE OR AN OMISSION OF FREEMACLESSONS.COM, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. FREEMACLESSONS.COM IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE.

THE LAWS OF YOUR JURISDICTION MAY PROHIBIT OR MODIFY THE FOREGOING DISCLAIMERS AND LIMITATIONS ON DAMAGES, AND SUCH DISCLAIMERS OR LIMITATIONS ON DAMAGES MAY NOT APPLY TO YOU.

6. Third Party Content; Hyperlinks.
You acknowledge that freemaclessons.com does not pre-screen third party materials. freemaclessons.com is not the publisher or author of any information on the Site that is provided by third party content providers, and freemaclessons.com is not liable for any claims related to such information. Content provided by third parties is for informational purposes only, and freemaclessons.com’s use of the content constitutes neither an endorsement nor a recommendation by freemaclessons.com of the content. freemaclessons.com assumes no responsibility for third party products or services.
freemaclessons.com may contain links and references to other third party websites and materials. freemaclessons.com does not assume any responsibility for these websites or materials and provides these links or materials solely for the convenience of Users. freemaclessons.com does not endorse or otherwise recommend any of these third party websites, references, or the products, services, or information there offered. freemaclessons.com may disable any hyperlink to the Site. freemaclessons.com has the right but not obligation to monitor third party websites and hyperlinks to the Site.

FREEMACLESSONS.COM MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED, OF THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THE INFORMATION PROVIDED BY THIRD PARTIES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY INFORMATION FOUND ON A LINK LOCATED ON THIS SITE THAT ALLOWS USERS TO ACCESS INFORMATION FOUND ON ANOTHER SITE. ADDITIONALLY, FREEMACLESSONS.COM DOES NOT WARRANT THE EXISTENCE OR FUNCTIONALITY OF ANY WEBSITE WHICH CAN BE ACCESSED THROUGH A LINK LOCATED ON THIS SITE.

7. Copyrights, Trademarks and Other Proprietary Rights.
freemaclessons.com or its third party content providers shall retain all worldwide rights in the intellectual property in and on the Site, including, but not limited to, trademarks, service marks, trade dress, inventions, ideas, trade secrets, the source code, the HTML code, the "look and feel" of the Site, its color combinations, layout, and all other graphical elements, and the copyrights in and to its original content. You should assume that everything You read or see on the Site is copyrighted, trademarked, or otherwise protected and owned or licensed by freemaclessons.com. Except as expressly stated on the Site or in these Terms, nothing that You read or see on the Site may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use without the prior written consent of freemaclessons.com, except as provided in these Terms. Nothing in these Terms grants You an express or implied license to use any of freemaclessons.com’s intellectual property except as set forth in Section 4.
If You submit any unsolicited intellectual property, idea, copyrightable material, invention, discovery, improvement, trade secret or know-how to freemaclessons.com, You may forfeit Your intellectual property rights and moral rights contained in such communication or material.

8. Indemnification.
User agrees to defend, indemnify and otherwise hold harmless freemaclessons.com and its officers, directors, agents, employees, shareholders, successors and assigns from and against any cause of action or claim, including court costs, expenses and attorney fees, related to or arising from User’s Prohibited Conduct or other improper or illegal use of the Site, or breach of these Terms.

9. Security; Authorized Use.
Users are prohibited from violating or attempting to violate the security of the Site. freemaclessons.com has the right but not the obligation to investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators.

10. Termination of Agreement.
In addition to freemaclessons.com’s other rights, it may terminate this Agreement at any time and at its sole and absolute discretion. freemaclessons.com may also terminate Access to the Online Videos without notice if it believes, in its sole judgment, that You have breached or may breach any term or condition of this Agreement, or engaged in conduct that freemaclessons.com deems inappropriate.

11. Privacy Policy.
freemaclessons.com values Your trust. In order to honor that trust, all of freemaclessons.com’s employees are required to adhere to ethical standards in gathering, using, and safeguarding any information You provide. For more information, please review freemaclessons.com’s Privacy Policy, the terms of which are incorporated into this Agreement as if set forth in full.

12. Miscellaneous.
These Terms constitute the entire agreement between freemaclessons.com and User regarding the subject matter hereof. Any previous agreement, whether oral or written, between freemaclessons.com and User dealing with the subject matter hereof is superseded. These Terms may only be modified or amended in writing. If any portion of these Terms is determined to be unenforceable for any reason, such portion will be deemed severed and the remaining terms and conditions shall continue in full force and effect. Upon User’s breach or threatened breach of these Terms, freemaclessons.com may pursue any legal or equitable remedy available, including but not limited to, direct, consequential and punitive damages and injunctive relief. freemaclessons.com’s remedies are cumulative and not exclusive. Failure of freemaclessons.com to exercise any remedy or enforce any portion of this Agreement at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. User agrees that regardless of any statute or law to the contrary, any claim or action arising out of or regarding this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. By Accessing the Site, User signs for and accepts this shortening of the statutes of limitations. freemaclessons.com makes no representation that the content of the Site is appropriate or available for use in all locations. freemaclessons.com operates this Site from the United States and makes no representation that the Site complies with any foreign or international laws. You agree to comply with all applicable local laws, including any international laws, in using this Site. You may not assign Your rights or delegate Your duties under these Terms. The parties agree that no third party is an intended beneficiary of these Terms. freemaclessons.com cannot provide notifications via post, only e-mail.

13. Governing Law; Dispute Resolution; Forum and Venue.
These Terms and any claim or action related to or arising from these Terms or content on the Site shall be governed by California law, without regard to any provision that would make the laws of another jurisdiction applicable. All disputes between You and freemaclessons.com shall be finally resolved through binding arbitration in Los Angeles, California. The arbitration shall be conducted by one (1) arbitrator who is a retired judge. The parties shall conduct discovery as agreed upon or as permitted by the arbitrator. A party may file for an order on the arbitration decision exclusively in the California Superior Court, County of Los Angeles or the United States District Court for the Central District of California. The parties shall share equally the costs of the arbitrator, arbitration body and arbitration facilities (if applicable). Each party may bring a claim or action for injunctive relief without submitting the claim to final and binding arbitration. Neither party shall have the obligation to post a bond or demonstrate actual harm before bringing a claim or action for injunctive relief. Each party consents to the exclusive jurisdiction and venue of the California Superior Court, County of Los Angeles or the United States District Court for the Central District of California for any equitable claim or other action related to or arising from these Terms. Each party shall bear his/her/its own expenses and attorneys’ fees related to any arbitration, claim or action.


EFFECTIVE DATE: October 15, 2009

   
       
         
 
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