2. WEBSITE CONTENT. All of the content and other information either displayed on, transmitted through, available for download, or otherwise used in connection with this Website, including but not limited to music, text, photographs, graphics, images, illustrations, animations, audio or video clips, html, source and object code, software, data, copyrights, including copyrightable selections and arrangements of materials, trademarks, or other intellectual property now known or hereafter created (collectively, the “Content”) is owned or controlled by us. You may not reproduce, distribute, perform, transmit, display, or otherwise exploit the Content without our written permission.
5. DISCLAIMER AND LIMITATIONS ON DAMAGES. a. Disclaimers. WE SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES REGARDING THIS WEBSITE OR ANY CONTENT, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THIS WEBSITE, SUCH AS LIVE AND PRE-RECORDED LESSONS IN ANY FORMAT (i.e.., IN CDs, AS DOWNLOADS OR STREAMS), VIDEO WORKSHOPS, AND BOOKS, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES AS TO THE AVAILABILITY, ACCURACY, COMPLETENESS OR CONTENT OF ANY INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THIS WEBSITE. WE ASSUME NO RESPONSIBILITY, AND ARE NOT LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN, THIS WEBSITE, YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THIS WEBSITE, OR THE USE OF THIRD PARTY SITES. b. Limitations on Damages. IN NO EVENT SHALL WE OR ANY OF OUR AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING LOST SAVINGS OR PROFIT, LOST DATA, BUSINESS INTERRUPTION OR ATTORNEYS FEES) EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY, INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT WE ARE NOT LIABLE WHATSOEVER FOR ANY AMOUNT EXCEEDING WHAT YOU PAID TO US FOR ACCESS TO THE WEBSITE.
9. SUBSCRIPTIONS; CHARGES ON YOUR BILLING ACCOUNT. a. General. With respect to our Video Workshop, we shall bill Subscribers through an online account (your “Billing Account”). Subscribers agree to pay us all charges at the prices then in effect for any use of the Website. Subscriber authorizes us to charge his or her chosen payment provider (your “Payment Method”) for the subscription. Subscriber agrees to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that may occur. b. Recurring Billing. Most subscription plans consist of an initial period, for which there is a one time charge, followed by recurring period charges as agreed to by the Subscriber. By making the first payment, Subscriber acknowledges that Subscriber’s subscription has an initial and recurring payment feature and Subscriber accepts responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM SUBSCRIBER, UNTIL YOU PROVIDE PRIOR NOTICE (CONFIRMED IN WRITING UPON REQUEST BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. c. Current Information Required. SUBSCRIBER MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR SUBSCRIBER’S BILLING ACCOUNT. SUBSCRIBER MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP THE BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND SUBSCRIBER MUST PROMPTLY NOTIFY US IF SUBSCRIBER’S PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF SUBSCRIBER BECOMES AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF SUBSCRIBER’S USER NAME OR PASSWORD. IF SUBSCRIBER FAILS TO PROVIDE US ANY OF THE FOREGOING INFORMATION, SUBSCRIBER AGREES THAT WE MAY CONTINUE CHARGING SUBSCRIBER UNDER THE BILLING ACCOUNT UNLESS SUBSCRIBER HAS TERMINATED THE SUBSCRIPTION (CONFIRMED BY SUBSCRIBER IN WRITING UPON REQUEST BY US). d. Payment Method. The terms of Subscriber’s payment will be based on the Payment Method and may be determined by agreements between Subscriber and the financial institution, credit card issuer or other provider of the Payment Method (the “Payment Method Provider”). If we do not receive payment from the Payment Method Provider, Subscriber agrees to pay all amounts due on the Billing Account upon demand. e. Change in Amount Authorized. If the amount to be charged to the Billing Account varies from the amount Subscriber preauthorized (other than due to the imposition or change in the amount of state sales taxes), Subscriber has the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge at least 10 days before the scheduled date of the transaction. Any agreement Subscriber has with the Payment Method Provider will govern Subscriber’s use of the Payment Method. Subscriber agrees that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle. f. Auto-renewal. The subscription will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional subscription rate. If Subscriber resigns, he or she may use the subscription until the end of the then-current subscription term; Subscriber’s subscription will not be renewed after the then-current term expires. However, Subscriber will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. g. Reaffirmation of Authorization. Subscriber’s non-termination or continued use of the Website reaffirms that we are authorized to charge the Payment Method. We may submit those charges for payment and Subscriber will be responsible for such charges. This does not waive our right to seek payment directly from Subscriber. Subscriber’s charges may be payable in advance, in arrears, per usage, or as otherwise described when the subscription begins. h. Free Trials and Other Promotions. Any free trial or other promotion that provides subscriber-level access to the Website must be used within the specified time of the trial. The person must cancel the subscription before the end of the trial period in order to avoid being charged a subscription fee.