TERMS AND CONDITIONS OF USE
1. General. By using practickle.com (“the Site”), you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. “You” includes anyone acting on your behalf. If you do not agree to these terms and conditions, you may not use the Site. These Terms and Conditions apply to individual users, not to organizations with a multiple-seat license. If you wish to obtain a multi-seat license, please contact Practickle, LLC.
2. Agreement. This “Agreement” specifies the terms and conditions for your access and use of the Site. Practickle, LLC (also "us" and "our") may modify this Agreement at any time by posting the modified agreement to the Site. Any such modifications will be effective immediately. Each use by you after a modification has been posted will constitute and be deemed your unconditional acceptance of this Agreement as modified.
3. Privacy. Your use of the Site is also governed by our Privacy Policy. Please review our Privacy Policy, which is also available on our Site.
4. Content. You acknowledge and agree that:
a. In connection with your use of the Site you will not:
(i) upload, post, e-mail, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(ii) harm minors in any way;
(iii) falsely impersonate any person or entity, including, but not limited to Practickle, LLC personnel, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(iv) upload, post, e-mail, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party, including but not limited to Practickle, LLC;
(v) upload, post, e-mail, transmit or otherwise make available any advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation not previously authorized in writing by Practickle, LLC;
(vi) upload, post, e-mail, transmit, or otherwise make available any material that contains software viruses 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;
(vii) violate any applicable local, state, national, or international law or regulation;
(viii) stalk or otherwise harass another person or entity;
(ix) use what are colloquially known as spiders, crawlers, robots or any other automated means to access the Site; or
(x) substantially download, reproduce, or archive any portion of the Site, except as otherwise expressly provided on the Site.
b. Practickle, LLC assumes no responsibility for the accuracy, timeliness, or completeness of any content submitted by users or the consequences of reliance on such content.
5. Purchases Made Through the Site. By purchasing content through the Site, you acknowledge and agree that:
a. You are at least eighteen (18) years of age.
- You are authorized to make any and all payments made to Practickle, LLC.
b. Your personal and payment information may be processed by Stripe, a third party merchant service, in accordance with that Stripe’s privacy policy.
c. You have read and understand Practickle, LLC’s payment and refund policy, found on our web site at www.practickle.com.
6. Ownership. This Site is and shall continue to be the property of Practickle, LLC and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use, or publication by you of any part of this Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in the Site by or through your use of the Site.
7. Site Use. Practickle, LLC grants you a limited, revocable, non-exclusive license to use this Site solely for your own personal use and not for any commercial use or republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy the Site, reverse engineer or break into the Site, or use materials, products, or services in violation of any law or of this Agreement.
Practickle, LLC will use reasonable efforts to keep the Site online at all times. You understand and agree that scheduled maintenance and problems out of the control of Practickle, LLC may cause the Site to be temporarily unavailable.
8. Indemnification. You agree to indemnify, defend, and hold Practickle, LLC and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or your use of the Site or our services.
9. Disclaimer.
THE INFORMATION ON THIS SITE AND OUR SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THIS SITE AND OUR SERVICES IS AT YOUR SOLE RISK. PRACTICKLE, LLC AND OUR PARTNERS, EMPLOYEES, AND AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE AND OUR SERVICES WILL BE TO DISCONTINUE USING THE SITE AND OUR SERVICES.
10. Limitation of Liability.
UNDER NO CIRCUMSTANCES WILL PRACTICKLE, LLC BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, THE CONTENT, OR OUR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT OR OUR SERVICES IS TO CEASE ALL OF YOUR SITE USE AND USE OF OUR SERVICES.
11. Use of Information. Practickle, LLC reserves the right, and you authorize us, to use and assign all information regarding Site use by you and all information provided by you in any manner consistent with our Privacy Policy.
12. Applicable Law. You agree that the laws of the state of Nevada, without regard to conflicts of law provisions, will govern this Agreement, and any dispute that may arise between you and Practickle, LLC or its affiliates. Any action or proceeding related to or arising out of any dispute between you and Practickle, LLC or its affiliates shall be brought and maintained exclusively in a court of competent jurisdiction in Washoe County, Nevada. The party deemed by such court to be the losing party in such action or proceeding shall bear the actual, reasonable attorney's fees and litigation expenses of the prevailing party.
13. Severability. If any provision of this Agreement is adjudged by any court to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
14. Termination. Practickle, LLC may terminate this Agreement and your use of the Site at any time, with or without notice, for any reason. If such termination occurs while you still have prepaid rights to use of the Site, Practickle, LLC will NOT refund any portion of the subscriptions purchased because of their nature, the subscriber has immediate access to all information covered in the subscription. However, any fees for books that have not shipped will be refunded.
- Cancellation. You may cancel your subscription at any time. However, because of the nature of the site and the access you have to the content provided to you by the subscription, there will be no refunds.
- Returns. Return information for books associated with a "Plus" subscription is in each shipment. Books that you receive in damaged condition, or books incorrectly delivered, may be returned for a full refund. These are the only book refunds offered by Practickle, LLC.
I Agree to the Terms and Conditions.
Terms and Conditions - Copyright 2013 Practickle
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