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END USER LICENSE AGREEMENT

 

THIS IS A BINDING AGREEMENT BETWEEN YOU AND DEARLY BETHANY, LLC, A VIRGINIA LIMITED LIABILITY COMPANY (“COMPANY”). BY USING THIS WEBSITE AND PAYING FOR THE GOODS AND/OR SERVICES CONTAINED THERE YOU ARE AGREEING TO THESE TERMS. THIS AGREEMENT IS BINDING UPON YOU JUST LIKE ANY OTHER WRITTEN CONTRACT OR OTHER AGREEMENT. IF YOU DO NOT AGREE, DO NOT PAY FOR, VIEW, OR OTHERWISE USE THE GOODS AND/OR SERVICES.
YOU AND COMPANY AGREE AS FOLLOWS.

  1. Service Provided. You are purchasing access to a set of online videos, assignments, worksheets, checklists, digital lessons, digital text, and other online materials as completely set forth on the purchase page for the service for which you have paid (the “Service.”) Your use of the Service is subject to any terms and conditions set forth on the purchase page, in addition to this Agreement. To the extent anything on the purchase page, the website, or other marketing materials contradicts this Agreement, the Agreement will prevail.
  2. Payment. You will pay the price provided for in the purchase page for the Service. The payment is non-refundable.
  3. Service License. So long as you comply with the terms of this Agreement, Company grants to you a personal, non-exclusive license to use the Service for your own personal, private, non-commercial use. If you use the Service beyond the scope permitted by this license, or if you breach this Agreement, Company may have legal recourse against you for copyright infringement, breach of contract, or any number of other legal claims. Please use the Service appropriately and with due respect to the hard work, time, and money spent producing the materials provided as a part of the Service.
  4. Intellectual Property Rights Associated with the Service. The Service, including the online materials comprising it, is the intellectual property of and is owned by Company. You understand that there are severe civil and criminal penalties for the infringement of copyright-protected materials like those that make up the Service. Additionally, You will not use any trademarks, service marks, trade dress, or name and likeness associated with the Services. Except as expressly stated in Paragraph 2, this Agreement does not grant you any intellectual property rights in the Service or any other material contained within or provided as a part of the Service.
  5. Age and Obtaining Parental Controls under 47 U.S.C. § 230(d). You warrant that You are at least eighteen years of age. You further warrant that, if you are less than eighteen years of age, You have the permission of Your parent or guardian to use the Service.  Be advised that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist You in limiting access to material that is harmful to minors, e.g., at https://parentalcontrols.aol.com, http://www.opendns.com/parental-controls, and elsewhere.
  6. No Warranties. Your use of the Services and the website is provided as-is with no warranties of any kind. To the extent any part of the Service is a good, Company disclaimed all implied warranties, including the warranty of merchantability and warranty of fitness for a particular purpose. You acknowledge and agree that You use the Services and website at your own risk.
  7. No Guarantee. Although Company will make reasonable efforts to ensure maximum uptime of the Service, Company cannot guarantee that the Service will not go down from time-to-time. Company may take reasonable steps to compensate You for any downtime of the Service, but You understand that Company has no obligation to compensate You in any way for Service downtime. Notwithstanding any statement to the contrary on the website or elsewhere, Company does not guarantee that the Service will remain accessible indefinitely.
  8. Disclaimer. COMPANY DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SERVICE.  FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW, COMPANY EXPRESSLY DISCLAIM ALL WARRANTIES, CONDITIONS, REPRESENTATIONS AND TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE, AS TO ANY OTHER MATTERS, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, SATISFACTORY QUALITY, TITLE, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COMPANY OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY.
  9. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR FOR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN PIT PRINTS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS, OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. COMPANY’S AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICE, IF ANY LIABILITY EXISTS AT ALL.
  10. Forum Selection. This Agreement will be construed under the laws of the Commonwealth of Virginia, without regard to its choice of law provisions.
  11. Dispute Resolution. In any dispute relating to this Agreement or its subject matter, the parties will litigate the dispute only in a state or federal court of competent jurisdiction for the City of Lynchburg, Virginia.
  12. Costs and Attorneys Fees. In any litigation or other dispute resolution process, if Company prevails You will pay all of Company’s costs, including reasonable attorneys’ fees.
  13. Severability. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.
  14. Entire Agreement. This is the entire agreement between You and Company relating to the licensing, sale or purchase of the Service and it supersedes any prior representations, discussions, undertakings, advertising, or other communications relating to the application.