By accepting the terms of this agreement, you agree and understand you are paying The Business for said services only. These prices are subject to change by advanced written notice by the Business to you.
All purchases are final. The amounts paid are non-refundable.
Waiver and Release; Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WHATEVER WILL THE BUSINESS OR OUR AFFILIATES, SUBSIDIARIES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTORS AND SUPPLIERS, BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER ENTITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNDER ANY LEGAL THEORY, WHETHER CONTRACT, TORT OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING ANY LOST PROFITS AND LOST BUSINESS OPPORTUNITIES, BUSINESS INTERRUPTION, LOST REVENUE, INCOME, GOODWILL, USE OF DATA OR OTHER INTANGIBLE LOSSES, IN EACH CASE THAT RESULT FROM OR RELATE IN ANY MANNER TO YOUR USE OF THE SERVICE OR ANY OTHER ACT OR OMISSION BY US.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL THE BUSINESS, ITS AFFILIATES, PARENTS, SUBSIDIARIES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTORS AND SUPPLIERS, BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID THE BUSINESS IN THE ONE YEAR IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID THE BUSINESS ANY AMOUNTS IN THE ONE YEAR IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH THE BUSINESS IS TO TERMINATE THIS CONTRACT.
If you are a California resident, you expressly agree to waive California Civil Code Sec. 1542, which states “A general release does not extend to claims with the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” You understand that by waiving the foregoing, you are providing a general release notwithstanding any rights you might otherwise have under the above referenced law and any implementing regulations.
YOU RECOGNIZE AND AGREE THAT THE ASSUMPTION OF RISK, WARRANTY DISCLAIMERS, WAIVERS AND RELEASES, AND LIMITATIONS OF LIABILITY IN THIS CONTRACT ARE MATERIAL AND BARGAINED-FOR BASES OF THIS CONTRACT AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT AND REFLECTED IN THE DECISION BY YOU TO ENTER INTO THIS CONTRACT.
Indemnification and Hold Harmless
In consideration of the permission to use the facilities, equipment, services, premises, and products provided at/by The Business today, and at any time in the future, I understand and agree to all of the following:
You agree on behalf of yourself, your spouse, your heirs, personal representatives, assigns, and anyone else claiming by or through you to indemnify, defend, and hold harmless The Business and each of its affiliates, subsidiaries, parents, partners, officers, directors, employees, shareholders, agents, licensors, subcontractors and suppliers, from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorneys' fees, arising out of or in connection with: your use or misuse of the Services; your violation of any term of this Contract; your breach of the representations, warranties and covenants made in this Contract; and any claim that an action by you in connection with the Service has caused damage to a third party.
Confidentiality
Only authorized users who have duly obtained access to any Services or programs offered by The Business, by personally agreeing to the terms of this Contract, are permitted to use and participate in such Services or programs. Except as expressly authorized by this Contract, you shall not provide or make available any documentation, video, audio, or any login credentials to any third party, or use the documentation, video, audio, or any login member credentials to teach any third party, or otherwise disclose or discuss information revealed in any portion of the Services or program(s) for any purpose other than exercising rights expressly granted to you by this Contract.
Intellectual Property
You acknowledge that any Audio and/or Visual Presentations, Documentation, and other elements of the Services and your access to them are Intellectual Property of The Business solely owned by it in accordance with applicable United States copyright, trademark and other intellectual property laws and international treaties. You further acknowledge and agree that, as between you and The Business and its third party licensors own and shall continue to own all right, title, and interest in and to the Audio and/or Visual Presentations, Documentation, and other elements of the Services, including associated intellectual property rights under copyright, trade secret, patent, or trademark laws. Except for the limited, revocable license expressly granted to you herein, this Contract does not grant you any ownership or other right or interest in or to the Audio and/or Visual Presentations, Documentation, and other elements of the Services, or any other intellectual property rights of The Business, whether by implication, estoppel, or otherwise. And any trademarks or service marks that The Business uses in connection with services rendered by The Business are marks owned by The Business. This Contract does not grant you any right, license, or interest in such marks or any words or designs that are confusingly similar to such marks.
No Assignment
The rights and obligations under this Agreement are personal to you. You may not assign or transfer any rights or obligations under this Agreement.
Governing Law; Venue; Jury Trial Waiver
This Contract shall be interpreted in accordance with the laws of the State of Washington without regard for any conflict of laws principles. Any legal action shall be brought in Seattle, Washington. WITH RESPECT TO ANY LITIGATION, CLAIM OR DISPUTE UNDER THE TERMS OF THIS AGREEMENT OR ARISING IN CONNECTION WITH THE SERVICES IN ANY MANNER, THE PARTIES HERETO WAIVE ANY AND ALL RIGHTS TO A TRIAL BY JURY.
Severability
In the event any provision or part of this Agreement is found to be invalid or unenforceable, only that particular provision or part so found, and not the entire Agreement, will be inoperative.
Entire Agreement
You agree that this Contract represents the entire agreement between you and the Business. You have not and will not rely on any oral representations by the Business or any other person nor on any extraneous agreements whether written or not.
Counterparts
This contract may be signed electronically or in hard copy. If signed in hard copy, it must be returned to the Business and will not be effective until it is. Electronic signatures count as original for all purposes.
Signatures
Your purchase here signifies you agree to the terms and provisions of this agreement.