(Last modified on August 29, 2018)
Welcome to practiceviewer.com. This Agreement describes the terms and conditions on which you are allowed to use the Website and the Services. We have incorporated by reference all linked information. Capitalized terms not otherwise defined, have the meaning ascribed to them below.
PLEASE READ THESE TERMS CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, AND/OR OTHERWISE USING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN PLEASE DO NOT ACCESS, BROWSE OR OTHERWISE USE THE SERVICES. CLIENTS AND/OR USERS WHO VIOLATE THESE TERMS MAY HAVE THEIR ACCESS AND USE OF THE WEBSITE SUSPENDED OR TERMINATED, AT OUR SOLE DISCRETION.
In this Agreement:
As used in these Terms, the following terms have the following meanings (such meaning to be equally applicable to both the singular and plural form of the terms defined):
“Access,” means the possibility to enter the System via a personal computer, mobile or other device online as made available by Practice Viewer.
“Account,” means the central means for Access and use of the Services subject to a Fee designated in the selected Plan.
“Agreement,” means the contract for using the Services, into which these Terms have been incorporated by reference, inclusion or otherwise.
“Authorization,” means the set of rights and privileges on the Website assigned by Company to a User.
“Content,” means any data and information available through Services or contained within the structure of the Website, including User Data, articles, documents, brochures, presentations, pictures, images, audiovisual works, other informational materials and any comments.
“Fee,” means regular payment for using the activated Account.
“Files,” means documents of any kind (images, spreadsheets, text files, etc.) that are inserted to the System by the User, and usually associated with a particular Deal, Person or Organization.
“Free Trial,” means a one-time temporary Access for the purposes of trying out the Website and Services in accordance with any selected Plan without paying a Fee for a period of 14 days.
“Party, Parties,” means Company and/or User, as applicable.
“Practice Viewer,” or “Company,” or “us,” or “we,” means a limited liability company established under the laws of the California, in the United States of America, having its principal place of business in Los Angeles, California.
“Plan,” means a set of criteria for calculating the Fee.
“Products,” means the goods or Services that the Company is offering Users.
“Services,” means coaching, business development, customer relationship management and sales tracking services, customer support, videos, reports and related software that Practice Viewer makes available to the User online at the Website.
“Subscriber Content” means your profile, content or any other materials that you own and create that you provide, submit, publish or display on or through the Website or otherwise submit to the Company.
“System,” means the integrated cloud computing solution for providing the Services, including applications, software, hardware, databases, interfaces, associated media, documentation, updates, new releases and other components or materials provided therewith.
“User,” means a natural person granted with the Authorization to use the Account.
“User Data,” means Files and any other digital data and information, which is subjected to the Services or otherwise inserted to the Website by the User.
“Website,” means the compilation of all web documents (including images, php- and html files) made available via practiceviewer.com or its sub domains or domains with identical names under other top domains and owned by Practice Viewer.
“You,” means the User.
The Website is designed to provide Users with professional business development education services and resources. The Website and the Services are owned and operated by Practice Viewer. This Agreement contains the terms and conditions that govern all use of the Website and the Services. The Services are offered to you subject to your acceptance, without modification, of all of the terms and conditions contained herein, as may be published from time to time on the Platform or otherwise made available to you on or through the use of the Services. When accepted by you, these Terms form a legally binding contract between you and Company. If you are entering into this Agreement on behalf of an entity, such as your employer or the company you work for, you represent that you have the legal authority to bind that entity.
By accessing and/or using the Website, you agree to the terms of the Agreement with Company. We may amend this Agreement and any linked information from time to time by posting amended terms on the Website.
Before using the Website, we recommend that you read the whole Agreement, the Website policies and all linked information.
You will not use the Website if you:
- Are not able to form legally binding contracts; or
- Are under the age of 18; or
- A person barred from receiving and rendering services under the laws of United States or other applicable jurisdiction; or
- Are or have been suspended from using the Website.
Users may provide a business name or a company name, which is to be associated with the User’s Account. Users acknowledge and agree that where a business name or company name is associated with their Account, this Agreement is a contract with the User as an individual (not the business or company) and Users remain solely responsible for all activity undertaken in respect of their Account.
We may, at our absolute discretion, refuse to register a person or corporate entity as a User.
- Using Practice Viewer.
You further agree that you may not use the Website in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Website. In addition, you agree not to use the Website to:
- Post content or items in inappropriate categories or areas on our websites and services;
- Infringe any laws, third party rights or our policies;
- Impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity;
- Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- Upload, post, email, transmit or otherwise make available any material that contains software viruses, worms, “Trojan Horses,” or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Intimidate or harass or advocate harassment of another;
- Use or attempt to use another’s account, service or system without authorization from the Company, or create a false identity on the Website;
- Exploit people in a sexual or violent manner;
- Provide nudity, violence, or offensive subject matter or provide a link to an adult web site;
- Solicit personal information from anyone under 18 years of age;
- Promote information that you know is false or misleading or promotes illegal activities or conduct that is defamatory or libelous;
- Promote an illegal or unauthorized copy of another party’s copyrighted work;
- Solicit passwords or personal identity information for commercial or unlawful purposes from other users;
- Solicit money from others.
- Circumvent or manipulate, or attempt to do so, our fee structure, the billing process, or fees owed to Practice Viewer;
- Post false, inaccurate, misleading, defamatory or offensive content (including personal information);
- Take any action that may undermine the feedback or reputation systems (such as displaying, importing or exporting feedback information or using it for purposes unrelated to the Website);
- Transfer your Practice Viewer account (including feedback) and Username to another party without our express written consent;
- Distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
- Distribute viruses or any other technologies that may harm Practice Viewer, the Website, or the interests or property of Practice Viewer users (including their Intellectual Property Rights, privacy and publicity rights) or is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
- Download and aggregate listings from our website for display with listings from other websites without our express written permission, “frame”, “mirror” or otherwise incorporate any part of the Website into any other website without our prior written authorization;
- Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Website;
- Copy, modify or distribute rights or content from the Website or Practice Viewer’s Intellectual Property, copyrights, trademarks or other intellectual property; or
- Harvest or otherwise collect information about Users, including email addresses, without their consent.
- Intellectual Property Rights infringement/ Digital Millennium Copyright Act Compliance.
If you are a copyright owner or an agent thereof, and you believe that any content hosted on the Services infringes your copyrights in the United States of America, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Practice Viewer’s Designated Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Services are covered by a single notification, a representative list of such works at the Services;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Practice Viewer to locate the material;
- Information reasonably sufficient to permit Practice Viewer to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Practice Viewers Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows:
Practice Viewer, LLC
16200 Ventura Blvd., Suite 418
Encino, CA 91436
Via email: email@example.com
For the avoidance of doubt, only DMCA notices should go to Practice Viewer’s Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to the Company customer service. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
- Plans, Fees and Services
The use of Account is subject to a Fee. Upon sign-up for the Account, a suitable Plan must be selected in order to set the rate of the Fee. The rate of the Fee is different for each Plan, which we may change from time to time and will update you by placing on our Website. We may choose to temporarily change the fees for our services for promotional events (for example, discounts on memberships) or new services, and such changes are effective when we post the temporary promotional event or new service on the Websites. The Fee is charged in advance on monthly or annual payment intervals, unless agreed otherwise between parties. In addition to the current collection of Plans, the Company may offer special discounts and motivation schemes (for example finder’s fees etc.). All Fees are exclusive of all taxes, levies or duties applicable under any legal acts or imposed by tax authorities, unless stated otherwise in the Agreement. Payment of such taxes, levies or duties is the responsibility of the User.
Any User has the right to upgrade or downgrade a current Plan at any time by selecting a new Plan among the collection of Plans provided by the Company. In such an event, the User’s credit card on file with the Company will automatically be charged with a Fee for the next payment interval with the rate stipulated in the new Plan.
Downgrading of the current Plan may cause the loss of features or capacity of the Account.
From time to time, Company may offer a Free Trial. Company reserves the right, in its absolute discretion, to determine your eligibility for a Free Trial, and to withdraw or to modify a Free Trial at any time without prior notice and with no liability. For some Free Trials, Company may require you to provide payment details to start the Free Trial. At the end of the Free Trial, Company may automatically start to charge you for the Service on the first day following the end of the Free Trial, on a recurring monthly basis. By providing your payment details in conjunction with the Free Trial, you agree to this charge. If you do not want this charge, you must change or deactivate your Plan through your account’s settings before the end of the Trial. If you deactivate your account at any time, the Company shall have the right, at its absolute discretion, to permanently delete the Account, including all User Data therein.
All Fees are non-refundable, i.e. there are no refunds or credits available for periods where the User did not use an activated Account, used it only partially, replaced the current Plan with a new Plan or deactivated the Account or terminated the Agreement during an ongoing payment interval.
- Payments, Cancellations and Refunds.
If you have a Plan, your payment to Company will automatically renew at the end of the Plan period, unless you cancel your Plan through your Subscriber Content page before the end of the current Plan period. The cancellation will take effect the day after the last day of the current Plan period, and your account will be deactivated. However, if you cancel your payment and/or terminate the Terms before the end of the Plan period, Company will not refund any Plan fees already paid to it.
Company may change the price for the Plans from time to time, and will communicate any price changes to you. Price changes for Plans will take effect at the start of the next Fee period following the date of the price change. By continuing to use the Company’s Service after the price change takes effect, you accept the new price and agree to this charge.
- Term and Termination.
These Terms will continue to apply to you until terminated by either you or Company. Company may terminate the Terms or suspend your access to the Company Service at any time, including in the event of your actual or suspected unauthorized use of the Company Service or non-compliance with the Terms. If you or Company terminate the Terms, or if Company suspends your access to the Company Service, you agree that Company shall have no liability or responsibility to you and Company will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. To learn how to terminate your Company account, please contact us through the Customer Service website customer or emailing us at firstname.lastname@example.org.
You are responsible for paying any taxes, including any goods and services or value added taxes, which may be applicable depending on the jurisdiction of the services provided. These taxes will be added to fees billed to you, if applicable.
You must also comply with your obligations under any tax provisions in your jurisdiction.
- Ownership of Intellectual Property on Website.
Practice Viewer owns all right, title and interest, including all related trademarks, service marks, copyrights, logos, trade dress, trade names, inventions, patents, and all applications, registrations and renewals in connection with any of the above, database rights, know-how, trade secrets, and all other intellectual and industrial property rights in and to the website, content (except User uploaded data and content) software, hardware, products, processes, algorithms, user interfaces, know-how, techniques, designs and other tangible or intangible technical material or information relating to the Service (the “Practice Viewer Intellectual Property”). Your use of the Website or Services does not grant to you ownership of any content, code, data or any part of the Practice Viewer Intellectual Property you may access on or through the Website. Any commercial or promotional distribution, publishing or exploitation of the Practice Viewer Intellectual Property is strictly prohibited unless you have received the express prior written permission from Practice Viewer or the otherwise applicable rights holder. Practice Viewer reserves all rights to the Intellectual Property not expressly granted in this Agreement.
This Agreement is not a sale and does not convey to you any rights of ownership or interest in the Intellectual Property, except the limited right to use it pursuant to this Agreement. The Practice Viewer name, logo, iconography and the product names associated with the Service are trademarks of Practice Viewer and no right or license is granted to use them. You agree that you will not, directly or indirectly, dispute, challenge, contest or otherwise impair Practice Viewer’s intellectual Property or interests in the Intellectual Property, nor directly or indirectly assist any other person in contesting the same.
- Subscriber Content.
The Company does not claim any ownership rights in your Subscriber Content. You are solely responsible for the Subscriber Content that you post on or through the Website or otherwise submit to the Company. You understand and agree that the Company may review and delete or remove any Subscriber Content that, in the sole judgment of the Company, violates this Agreement or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of Subscribers, the Company or others.
By posting Subscriber Content to any part of the website, you automatically grant, and you represent and warrant that you have the right to grant, to the Company a royalty-free, irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide right and license (with the right to sublicense) to use, copy, adapt, modify, perform, publish, display, reformat, translate, excerpt (in whole or in part) and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, in any form, media, or technology now known or later developed, and to grant and authorize sub-licenses of the foregoing. You represent and warrant that your Subscriber Content is accurate, true, non-defamatory and non-infringing, and that it will not cause injury to any person or entity; you further represent and warrant that the holder of any rights in such content, including intellectual property rights, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above.
- Feedback, Reputation and Reviews.
Notwithstanding anything contained to the contrary, you acknowledge and agree that you transfer copyright of the feedback, reputation and reviews you leave consisting of comments and a multidimensional rating (e.g. quality, communication etc.) together with a composite rating by us. You acknowledge that such feedback, reputation and reviews belong solely to us, notwithstanding that we permit you to use it on our Website while you remain a User. You must not use, or deal with, such feedback, reputation and reviews in any way inconsistent with our policies as posted on the Website from time to time without our prior written permission.
You may not do (or omit to do) anything that may undermine the integrity of the Practice Viewer feedback system. We are entitled to suspend or terminate your Account at any time if we, in our sole and absolute discretion, are concerned by any feedback about you, or your feedback rating, where we believe our feedback system may be subverted.
Our feedback ratings belong to us and may not be used for any purpose other than facilitating the provision of Services via the Website. You may not use your feedback (including, but not limited to, marketing or exporting your any or all of your composite rating or feedback comments) in any real or virtual venue other than a website operated by Practice Viewer or its related entities without our written permission.
- Communication With Other Users.
You must not post your email address or other contact information on the Website, except in the “email” field of the signup form, at our request or as otherwise permitted by us on the Website.
Unless you have a prior relationship with a User, you must only communicate with Users via the Website. Unless we provide a User’s contact information through a feature or function available through the Website, you must not, and must not attempt to, communicate with other Users through any other means such as email, telephone, Skype, AIM, MSN Messenger, GTalk, Yahoo or any other similar services.
- Right To Review.
We may read all correspondence posted to the Website and download or access, and test (if necessary) all uploaded files, programs and websites related to your use of the Website for the purpose of investigating fraud and for risk management and related purposes.
- Identity / Know Your Customer.
You authorize us, directly or through third parties, to make any inquiries we consider necessary to validate your identity. You must, at our request: (1) provide further information to us, which may include your date of birth and other information that will allow us to reasonably identify you; (2) take steps to confirm ownership of your email address or financial instruments; or (3) verify your information against third party databases or through other sources.
You must also, at our request, provide copies of identification documents (such as your drivers’ license). We may also ask you to provide photographic identification holding a sign with a code that we provide as an additional identity verification step.
We reserve the right to close, suspend, or limit access to your Account, the Website and/or Services in the event we are unable to obtain or verify to our satisfaction the information which we request under this section.
- Right To Refuse Service.
We may close, suspend or limit your access to your Account without reason. Without limiting the foregoing, we may close, suspend or limit your access to your Account:
- if we determine that you have breached, or are acting in breach of, this Agreement;
- if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities;
- you do not respond to account verification requests;
- you do not complete account verification when requested within 30 days of the date of request;
- you are the subject of a United Nations, Australian, EU or USA sanctions regime, or our banking and payment relationships otherwise preclude us from conducting business with you;
- to manage any risk of loss to us, a User, or any other person; or
- for other similar reasons.
If we close your Account due to your breach of this Agreement, you may also become liable for certain fees as described in this Agreement.
Without limiting our other remedies, to the extent you have breached this Agreement, you must pay us all fees owed to us and reimburse us for all losses and costs (including any and all of our employee time) and reasonable expenses (including legal fees) related to investigating such breach and collecting such fees.
You acknowledge and agree that: (1) the damages that we will sustain as a result of your breach of this Agreement will be substantial and will potentially include (without limitation) fines and other related expenses imposed on us by our payment processors and Users and that those damages may be extremely difficult and impracticable to ascertain; (2) if you breach this Agreement, we may fine you up to $3,000 for each breach and/or we may take legal action against you to recover losses that are in excess of the fine amount; and (3) a fine of up to $3,000 is a presently reasonable pre-estimate or minimum estimate of our damages, considering all currently existing circumstances, including (without limitation) the relationship of the sum to the range of harm to us that reasonably could be anticipated and the anticipation that proof of actual damages may be impractical or extremely difficult.
If we close your Account for a reason other than as a result of your breach of this Agreement, unless as otherwise specified in this Agreement, you will be entitled to receive any refund due from us to you.
In the event that we close your Account, you will have no claim whatsoever against us in respect of any such suspension or termination of your Account.
- Disputes With Us.
If a dispute arises between you and Practice Viewer, our goal is to address your concerns and, if we are unable to do so to your satisfaction, to provide you with a means of resolving the dispute quickly. We strongly encourage you to first contact us directly to seek a resolution by using our customer or emailing us at email@example.com.
For any claim, Practice Viewer may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If Practice Viewer elects arbitration, such arbitration will be initiated through an established alternative dispute resolution (ADR) provider, which is to be selected by you from a list of two or more ADR providers (and two or more arbitrators) that Practice Viewer will provide to you. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise determined by the Company; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
All claims you bring against Practice Viewer must be resolved in accordance with the terms of this Agreement. All claims filed or brought contrary to this Agreement shall be considered improperly filed and a breach of this Agreement. Should you file a claim contrary to the terms of this Agreement, Practice Viewer may recover its legal fees and costs (including in-house lawyers and paralegals), provided that Practice Viewer has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
If any proceeding by or against you is commenced under any provision of any bankruptcy or insolvency law, Practice Viewer will be entitled to recover all reasonable costs or expenses (including reasonable legal fees and expenses) incurred in connection with the enforcement of this Agreement.
Practice Viewer’s failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
- Access and Interference.
You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without our express written permission.
Additionally, you agree that you will not:
- take any action that imposes or may impose (in our sole discretion, exercised reasonably) an unreasonable or disproportionately large load on our infrastructure;
- interfere with, damage, manipulate, disrupt, disable, modify, overburden, or impair any device, software system or network connected to or used (by you or us) in relation to the Website or your Account, or assist any other person to do any of these things, or take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the Website without the prior express written permission of Practice Viewer and the appropriate third party, as applicable;
- interfere or attempt to interfere with the proper working of the website’s, services or tools, or any activities conducted on or with the website’s, services or tools; or
- bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Website.
- Privacy and Security.
You will indemnify us (and our officers, directors, agents, subsidiaries, joint venturers and employees) against any claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your breach of this Agreement, or your infringement of any law or the rights of a third party in the course of using the Website and Services.
- Passwords and Security.
You must immediately notify us upon becoming aware of any unauthorized access or any other security breach to the Website, your Account or the Services and do everything possible to mitigate the unauthorized access or security breach (including preserving evidence and notifying appropriate authorities). You are solely responsible for securing your password. We will not be liable for any loss or damage arising from unauthorized access of your account resulting from your failure to secure your password.
- No Insurance Or Warranty.
We do not offer any form of insurance, or other form of protection.
- No Warranty As To Each User’s Purported Identity.
Because User identification on the internet is difficult, we cannot and do not confirm each User’s purported identity. We may provide information about a User, such as a strength or risk score, geographical location, or third party background check or verification of identity or credentials. However, such information is based solely on data that the User submits and we provide such information solely for the convenience of Users and the provision of such information is not an introduction, endorsement or recommendation by us.
- No Warranty As To Content On The Website.
The Website is a dynamic time-sensitive website. As such, information on the Website will change frequently. It is possible that some information could be considered offensive, harmful, inaccurate or misleading or mislabeled or deceptively labeled accidently by us or accidentally or purposefully by a third party.
You acknowledge that all content contained on this Website is for informational purposes only. The Company makes no claims and/or guarantees as to the effectiveness of the information contained herein. The content is not intended to be a substitute for professional legal, accounting or financial services advice. Always seek the advice of a qualified professional with any questions you may have regarding your finances, or any other information that is either contained in or referred to on the Website. Never disregard professional advice due to anything you have read on this Website.
The Company does not recommend, guarantee, test or endorse any third party procedures, opinions, or other information that is posted on the Website by individuals or entities other than the Company. Reliance on any third party information posted on this Website, including without limitation Subscriber Content, is solely at your own risk.
The Website may feature interviews, information or other content from professionals. The Company does not ensure the accuracy or endorse the conduct of these professionals. Accordingly, the Company assumes no responsibility, and disclaims liability of any kind, arising from the conduct of professionals on the Website, including, but not limited to, any defamation, libel, slander, omission, falsehood, obscenity, profanity or inaccuracy.
Our Services, the Website and all content on it are provided on an “as-is”, “with all faults” and “as available” basis and without warranties of any kind either express or implied. Without limiting the foregoing, we make no representation or warranty about:
- the Website or Services;
- the accuracy, reliability, availability, veracity, timeliness or content of the Website or any or Services;
- whether the Website or Services will be up-to-date, uninterrupted, secure, error-free or non-misleading;
- whether defects in the Website will be corrected;
- whether the Website or the Services or any data, content or material will be backed up or whether business continuity arrangements are in place in respect of the Website or Services;
- any third party agreements or any guarantee of business gained by you through the Website, or Services or us; or
- the Website or Services or infrastructure on which they are based, being error or malicious code free, secure, confidential or performing at any particular standard or having any particular function.
To the extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, quality, suitability and non-infringement.
- Limitation Of Liability.
In no event shall we, our related entities, our affiliates or staff be liable, whether in contract, warranty, tort (including negligence), or any other form of liability, for:
- any indirect, special, incidental or consequential damages that may be incurred by you;
- any loss of income, business or profits (whether direct or indirect) that may be incurred by you;
- any claim, damage, or loss which may be incurred by you as a result of any of your transactions involving the Website.
The limitations on our liability to you above shall apply whether or not we, our related entities, our affiliates or staff have been advised of the possibility of such losses or damages arising.
Notwithstanding the above provisions, nothing in this Agreement is intended to limit or exclude any liability on the part of us and our affiliates and related entities where and to the extent that applicable law prohibits such exclusion or limitation.
To the extent that we are able to limit the remedies available under this Agreement, we expressly limit our liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at our sole discretion) to the supply of the Services again or the payment of the cost of having the Services supplied again.
YOU ACKNOWLEDGE AND AGREE THAT PRACTICE VIEWER HAS OFFERED ITS SERVICES, SET THE PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND PRACTICE VIEWER, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND PRACTICE VIEWER. PRACTICE VIEWER WOULD NOT BE ABLE TO PROVIDE ITS SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
- Jurisdiction Limitations.
As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to you. In that event, the liability will be limited as far as legally possible under the applicable legislation.
- Bar To Action.
We may plead this Agreement in bar to any claim, action, proceeding or suit brought by you, against us for any matter arising out of any transaction or otherwise in respect of this Agreement.
- No Class Actions.
You and we agree that you and we will only be permitted to bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and we agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. In addition, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other Users.
Legal notices must be served on Practice Viewer (in the case of Practice Viewer) or to the email address you provide to Practice Viewer during the registration process (in your case). Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid or that the email has not been delivered. Alternatively, we may give you legal notice by mail to the address provided by you during the registration process. In such case, notice will be deemed given three days after the date of mailing.
Any notices to Practice Viewer must be given through registered U.S. Mail, or overnight courier signature required.
- Law And Forum For Legal Disputes.
We encourage you to try and resolve disputes using certified mediation (such as online dispute resolution processes). If a dispute cannot be resolved then any legal action or proceeding with respect to this Agreement must be brought in the courts of the State of California or the United States of America located in the City of Los Angeles, California. This Agreement shall be governed and constructed in accordance with the laws of the State of California without regard to conflicts of law provisions. User (i) consents to submit such party to the personal jurisdiction of such court, (ii) agrees that such party will not attempt to deny or defeat such personal jurisdiction by motion or other request for leave from any such court, (iii) agrees that such party will not bring any action relating to this Agreement or any of the transactions contemplated hereby in any court other than such court, (iv) waives, in connection with any such action or proceeding, any objection, including, without limitation, any objection to the venue or based on the grounds of forum non-conveniens, which it may now or hereafter have to the bringing of any such action or proceeding in such respective jurisdictions, (v) consent to the service of process of any of the aforementioned courts in any such action or proceeding by the mailing of copies thereof by registered or certified mail, postage prepaid, to it at its address as set forth herein, and (iv) waives any right to trial by jury with respect to any claim or proceeding related to or arising out of this Agreement or any of the transactions contemplated hereby.
Any cause of action you may have with respect to your use of this Website or the Services must be commenced within one year after the claim or cause of action arises.
BECAUSE DISPUTES ARISING IN CONNECTION WITH COMPLEX FINANCIAL TRANSACTIONS ARE MOST QUICKLY AND ECONOMICALLY RESOLVED BY AN EXPERIENCED AND EXPERT PERSON AND THE PARTIES WISH APPLICABLE LAWS TO APPLY (RATHER THAN ARBITRATION RULES), THE PARTIES DESIRE THAT THEIR DISPUTES BE RESOLVED BY A JUDGE APPLYING SUCH APPLICABLE LAWS. THEREFORE, TO ACHIEVE THE BEST COMBINATION OF THE BENEFITS OF THE JUDICIAL SYSTEM AND OF ARBITRATION, YOU WAIVE ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT OR PROCEEDING BROUGHT TO ENFORCE OR DEFEND ANY RIGHTS OR REMEDIES UNDER THIS AGREEMENT OR ANY AGREEMENTS RELATED HERETO.
- Injunctive Relief.
The parties agree that irreparable damage could occur in the event that you breach any provision of this Agreement. It is accordingly agreed that Practice Viewer shall be entitled to seek an injunction or injunctions to prevent breaches of this Agreement, in addition to any other remedy to which it is entitled at law or in equity.
It is the desire and intent of the parties that the provisions of this Agreement be enforced to the fullest extent permissible under the law and public policies applied in each jurisdiction in which enforcement is sought. Accordingly, in the event that any provision of this Agreement would be held in any jurisdiction to be invalid, prohibited or unenforceable for any reason, such provision, as to such jurisdiction, shall be ineffective, without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of such provision in any jurisdiction. Notwithstanding the foregoing, if such provision could be more narrowly drawn so as not to be invalid, prohibited or unenforceable in such jurisdiction, it shall, as to such jurisdiction, be so narrowly drawn, without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of such provision in any other jurisdiction.
You may not assign or subcontract any rights or obligations under this Agreement, either in whole or in part, directly or by operation of law, without our express prior written consent. Any attempt to do so shall be void and of no effect.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
- No Waiver.
Our failure to act with respect to an anticipated or actual breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Nothing in this section shall exclude or restrict your liability arising out of fraud or fraudulent misrepresentation.
You consent to receive notices and information from us in respect of the Website and Services by electronic communication. You may withdraw this consent at any time, but if you do so we may choose to suspend or close your Account.
- Additional Terms.
Practice Viewer, LLC, is a California limited liability company, with its principal executive office in California.
This Agreement contains the entire understanding and agreement between you and Practice Viewer. The following Sections survive any termination of this Agreement: Fees And Services (with respect to fees owed for our services), Release, Content, No Warranty As To Content, Limitation of Liability, Indemnity, Bar to Action, No Class Actions, and Disputes With Us.
If you have any questions about this Agreement or if you wish to report breaches of this Agreement, please contact us by using our website or emailing us at emailing as at firstname.lastname@example.org.
END OF AGREEMENT