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Terms of Service Agreement
Langocity.com
93 S. Jackson Street
#72065
Seattle Washington 98104-2818
(A website owned and operated by PLL Media,
LLC)
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Introduction
You may be referred
to as Licensee. The terms 'You' or 'Licensee'
includes you and any of your owners, employees,
partners, independent contractors, subsidiaries,
affiliates, attorneys, agents, heirs, and
assigns. We may be referred to as Licensor.
The terms 'Us,' 'We,' or 'Licensor' includes
and our owners, employees, subsidiaries, independent
contractors, agents, attorneys, and assigns.
You must be at least 18 years old to access
this website or to purchase products or services
from us.
We do not direct this website to minors, nor
do we knowingly collect any personal information
from children under the age of thirteen.
Disclaimers
ALL CONTENT IS PROVIDED
"AS IS" AND ANY AND ALL WARRANTIES
ARE DISCLAIMED, WHETHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE.
Our cumulative liability to you or anyone
else for any loss or damages resulting from
any claims, demands, or actions arising out
of or relating to this Agreement or use of
the content or website shall not exceed the
amount you have paid to us for the product
or service. In no event shall we be liable
for any indirect, incidental, consequential,
special, or exemplary damages or lost profits,
even if we have been advised of the possibility
of such damages. You agree that the foregoing
constitutes your sole and exclusive remedy
for any breach of this Agreement. SOME STATES
DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION
MAY NOT APPLY TO YOU.
Prohibited
Uses
You
will not assign, sublicense, transfer, pledge,
sell, lease, rent, lend, or otherwise dispose
of the content, or any part of it, or share
your rights under this Agreement, to others.
You will not violate any laws, third party
rights, or this Agreement.
You will not provide false or misleading information
to us.
Consent
to Use Information
When
you communicate with us, send us information,
or provide content to us or out website, you
grant us a non-exclusive, worldwide, perpetual,
irrevocable, royalty-free, sublicensable right
to exercise all copyright and publicity rights
you have in the content, in any manner whatsoever,
in any media now known or which may be created
in the future, including in other works and
forms not associated with this website.
No Waiver
of Rights
Our
failure to enforce any rights granted in this
Agreement or to take action against any other
party in the event of any breach shall not
be deemed a waiver by us as to subsequent
enforcement of rights or subsequent actions
in the event of future breaches.
Return Policy
There are no returns
or refunds of digitally downloaded courses.
We will take all steps to ensure that You
receive a link to download the course within
a reasonable amount of time. We are not responsible
for Your inability to completely download
the course due to factors that are outside
of Our control. At Our sole discretion, We
may choose to provide the course you purchased
in Compact Disc format where downloading the
course repeatedly fails.
There are no returns of courses fixed on Compact
Disc media. Replacements for defective media
are available where you have received prior
authorization from Us to return the discs
to the address we specify. Return shipping
costs will be borne by You. Once We have ascertained
that the media are in fact defective, we will
provide you with a non-defective copy of the
course. In those cases where the returned
media are not defective in operation, we will
provide You a link to download the digital
version of the course and refund you the difference
in price between the digital download and
compact disc version of the course, if any.
Miscellaneous
This Agreement in
all respects shall be governed by and construed
according to the laws of the State of California,
to the exclusion of any other applicable body
of governing law, without regard to conflicts
of laws principles.
This Agreement is entered into in Santa Cruz
County, California. You consent to the exclusive
jurisdiction of California for any dispute
arising from or related to this Agreement.
You agree that the exclusive venue for any
dispute arising from or related to this Agreement
will be a court located in Santa Cruz County,
California.
Each party will bear their own attorney's
fees.
Should any term of this Agreement be declared
void or unenforceable, that term shall be
severed from the Agreement such declaration
shall have no effect on the enforceability
of the remaining terms.
This Agreement contains the complete and entire
understanding and agreement between you and
us and supersedes any previous communications,
representations, or agreements, verbal or
written, related to the subject matter of
this Agreement.
This Agreement may not be modified or amended
orally, impliedly, or in any manner not set
forth in writing or permitted by this Agreement.
This Agreement may be amended by us at any
time and without notice, but only by amending
this Agreement as posted on this website,
unless otherwise agreed to in a writing signed
by both of us. Any amendments will become
effective 30 days after being posted on the
website, unless circumstances require that
a change be immediately implemented. As a
condition for this Agreement you agree to
periodically check this Agreement posted at
this page.
You agree that your continued use of our product
or service after that date will constitute
your consent and acceptance of the amendment.
Date of this Agreement:
May 1st, 2008 |
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