TERMS OF USE YOU MUST READ THE ENTIRE TERMS AND CONDITIONS TO FULLY UNDERSTAND WHAT YOU ARE AGREEING TO WITH REGARDS TO USING THIS WEBSITE, INCLUDING THE ACCESS AND USE OF ANY OF OUR SERVICES OR PRODUCTS.
1. ACCEPTANCE OF THE TERMS AND CONDITIONS. Access and use of this website, www.monicamargolis.com (the “Website”), is limited to users 13 years of age and older. You hereby affirm your agreement to abide by the terms, conditions, notices, disclaimers, and other provisions, which may be updated from time to time without notice (collectively referred to hereinafter as the “Terms of Use”) when you access the Website. You agree to periodically check for any changes to the Terms of Use. The Terms of Use constitute a binding contract between you on one hand, and Monica Margolis, her representatives, designees, licensees, and assigns (“we”, “us”, or “our”), regarding your use of the Website. If you do not agree with the Terms of Use, you do not have our permission to continue and must immediately exit.
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.
3. LICENSE AND CONDITIONS. We hereby grant you a non-exclusive limited, and fully revocable, license to access to the Website, conditioned upon your agreement to abide by the following: (a) you will not download or modify any part of the Website, except with our prior written consent; (b) you will not download or copy any account information for the benefit of any third party; (c) you will not collect or make any use of any product listings, descriptions, or prices; (d) you will not resell or make any commercial use of this Website or its contents; (e) you will not reproduce, duplicate, copy, sell, resell or otherwise exploit the Website for any commercial purpose without our prior written consent; (f) you will not make any derivative use of this Website or its contents; (g) you will not frame or utilize framing techniques to enclose any of our trademarks, logos, or other proprietary information (including images, text, page layout, or form) without our prior written consent; (h) you will not use any meta tags or any other “hidden text” utilizing the name Monica Margolis, or our trademarks without the prior written consent; and (i) you will not reproduce or store any part of the Website in any other website or include any part of the Website in any public or private electronic retrieval system or service without our prior written consent. Any rights not expressly granted herein are reserved. If we determine, in our sole discretion, that you have failed to comply with the Terms of Use, any rights that may have been granted to you shall automatically terminate.
4. REPRESENTATION AND WARRANTIES. You represent and warrant to us that you possess the legal right and ability to enter into this agreement and, if applicable, that all information submitted by you to us through the Website is true and accurate. We make no warranties or representations as to the accuracy of the Content and assume no liability or responsibility to you for any error or omission in the Content. We do not represent or warrant that use of the Content, when authorized, will not infringe rights of third parties. Third parties may provide some of the content available on this Website. We do not warrant, represent, or guarantee the accuracy, integrity, or quality of content provided by third parties. Neither we, nor any of our affiliated or related companies, or any of our/its employees, agents, content providers or licensors, make any representation or warranty of any kind regarding this Website or the Content whatsoever. We make no warranty that this Website will meet your requirements, be uninterrupted, timely, secure or error free, or that this Website or the server that makes it available are free of viruses or other harmful components or destructive files. Unauthorized access to the Website is a breach of these Terms of Use and a violation of the law. You agree not to access the Website by any means other than through the interface that we provide. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of the Website.
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.
6. INDEMNITY. You agree to indemnify, defend and hold us harmless and each of our respective partners, suppliers, licensors, officers, employees, representatives, contractors and agents, from any and all claims (including, but not limited to, claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages (including attorneys' fees and court costs) arising from, or relating to, any allegation regarding any violation of any of the Terms of use.
7. MISCELLANEOUS PROVISIONS. a. Violation of Terms. You agree that if you violate the Terms of Use that your access to the Website may be blocked. b. Access Fees. You understand that you are solely responsible for any fees or charges incurred to access this Website through an Internet service provider. c. Foreign Access. This Website is controlled, operated and administered by us from our offices within the United States. We make no representation that the Content is appropriate or available for use outside the United States and access to it from territories where it is illegal or improper is prohibited. You may not use this Website or export the Content in violation of U.S. export laws and regulations. If you access this Website from a location outside the United States, you assume sole responsibility for compliance with all local laws. d. Reservation of Rights. We reserve the right to modify, suspend, discontinue or restrict the use of any portion of this Website, including the availability of any portion of the Content at any time, to anyone for any reason without notice or liability. e. Advertisements. You understand that our Website may include advertisements.
8. WEBSITE COMMENTARY. This Website may contain facts, views, opinions, statements, fictional stories and recommendations of individuals and organizations. We do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through this Website. You acknowledge that any reliance upon any such opinion, advice, statement or information is at your sole risk. Certain areas of the Website are provided to give users an interesting and stimulating forum to express their opinions and share whatever information they may desire. We do not have the ability to monitor all of the material posted or transmitted by users and third party information providers. To protect your safety, we advise you to use your best judgment when using these forums. We particularly discourage divulging personal phone numbers and addresses or other information that can be used to identify or locate you. We reserve the right to delete, move or edit any communications at any time, for any reason, in our discretion, but have no obligation to review or remove any such content. Membership and Subscription; Pricing. You may become a subscriber to our Website (“Subscriber”) by pay the subscription fee as designated below. Subscribers shall continue to be bound by all of the other provisions in the Terms of Use.
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.
10. GENERAL LEGAL PROVISIONS. a. Arbitration. We may elect to resolve any controversy or claim arising out of or relating to these Terms of Use by mediation or binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Los Angeles, California, based on California law, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. We also have the right to seek any interim or preliminary relief from a court of competent jurisdiction in Los Angeles County, California, necessary to protect our rights or property (or of our agents, suppliers, and subcontractors), pending the completion of arbitration. b. Severability. In case any one or more of the provisions contained in these Terms of Use shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect the other provisions of these Terms of Use, and these Terms of Use shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. If moreover, any one or more of the provisions contained in these Terms of Use shall for any reason be held to be excessively broad as to duration, geographical scope, activity or subject, it shall be construed by limiting and reducing it, so as to be enforceable to the extent compatible with the applicable law as it shall then appear. c. Waiver. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. d. Website Purpose. Unless otherwise stated, this Website is for general informational purposes only. None of the information contained on the Website shall constitute legal, medical, business, or other professional advice whatsoever. We shall not be responsible for any action, or inaction, that you take based solely on the contents of this information. You are not our client unless you enter into a formal engagement agreement with us. e. Third Party Websites. Links to third party websites are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed any third party websites, or their respective terms and conditions, and we are not responsible for these websites or their content or availability. We do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk. f. RETURNS AND REFUNDS. GIVEN THE VALUE OF THE INFORMATION CONTAINED IN THE SERVICES AND PRODUCTS SOLD THROUGH THE WEBSITE, WE DO NOT ACCEPT RETURNS, ISSUE REFUNDS, OR CREDITS FOR ANY REASON. g. Children’s Information. We do not knowingly collect personal information from children under 13. If we learn that we have collected any personal information from a child under the age of 13 without verifiable parental consent, we will delete that information from our database as quickly as possible. If you believe that we may have collected information from a child under 13, please contact us. h. Entire Agreement. These Terms of Use, including all amendments and policies that are incorporated by reference, constitute the entire agreement between you and us and govern your use of the Website and Content, superseding any prior agreements that you may have with us. These Terms of Use shall be construed in accordance with the laws of the State of California, and the parties irrevocably consent to bring any action to enforce these Terms of Use before a mediator or an arbitration panel, and before a court of competent jurisdiction in Los Angeles County, California if we are required to seek enforcement of an arbitration award.
QUESTIONS
Questions about the Terms of Use should be sent to us at Email: info@monicamargolis.com