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
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.
“Access” or “Accessing” means accessing,
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
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
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
to Access or otherwise
breach the security of the Site or corrupt the Site in any
. 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
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
. Misrepresent Your identity or personal information when Accessing
the Site; forge any TCP/IP packet header or any part of the header
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
. 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
U.S. Export Administration
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
SITE IS ACCURATE, COMPLETE OR COMPLIES WITH ANY PARTICULAR
LAW OR REGULATION,
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,
SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR ANY OTHER PERSON
OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE
INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL,
WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF DATA,
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
AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO
YOUR COMPUTER SYSTEM AND FOR ANY LOSS OF DATA THAT RESULTS
ANY SUCH CONTENT,
INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES. IN
NO EVENT WILL FREEMACLESSONS.COM BE LIABLE FOR ANY DAMAGES.
PROVIDED BY LAW, IF
ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING
BY CONTRACT. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE
OR INJURY RESULTING FROM THE NEGLIGENCE OR AN OMISSION OF
OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED
ACCESS TO OR
USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. FREEMACLESSONS.COM
IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS
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
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
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
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
websites or materials and provides these links or materials solely
for the convenience of Users. freemaclessons.com does not endorse
recommend any of these
third party websites, references, or the products, services, or information
there offered. freemaclessons.com may disable any hyperlink to the
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,
INFORMATION PROVIDED BY THIRD PARTIES. THIS INCLUDES, BUT IS NOT
LIMITED TO, ANY INFORMATION FOUND ON A LINK LOCATED ON THIS SITE
INFORMATION FOUND ON ANOTHER SITE. ADDITIONALLY, FREEMACLESSONS.COM
DOES NOT WARRANT THE EXISTENCE OR FUNCTIONALITY OF ANY WEBSITE WHICH
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,
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
You may forfeit Your intellectual property rights and moral rights
contained in such communication or material.
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
expenses and attorney fees, related to or arising
Prohibited Conduct or other improper or illegal use
of the Site, or breach of these
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
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
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
the terms of which are incorporated into
if set forth
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
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
(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
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