Use of the Site requires a subscription and periodic payments to maintain such subscription. Subscribers agree to pay for the subscription period selected at the time of purchase. Subscribers will receive a confirmation notice upon their original effective date. It is the subscriber's responsibility to review the notice to ensure that it accurately reflects the requested subscription period. Subscription renewal is automatic, and subscribers authorize automatic renewal of their subscriptions until the subscription is cancelled. Subscribers can cancel the automatic renewal of their subscription at any time. To do so, contact us at www.ProLessons.com/user/login and provide your account username and password along with your request to cancel your subscription. Your account will be canceled within two (2) business days of receipt and acceptance of your cancellation.
PAYMENTS, TAXES, AND REFUND POLICY
You agree that you will pay for all subscriptions and products you purchase through the Site and/or Services, and that Pro Lessons may charge your payment method for any products purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING PRO LESSONS WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES.
Your total price will include the price of the product plus any applicable tax; such tax is based on the bill-to address and the tax rate in effect at the time you download the product.
All sales are final.
Prices for the Services may change at any time, and Pro Lessons does not provide price protection or refunds in the event of a price reduction or promotional offering.
If a product becomes unavailable following a transaction but prior to download, your exclusive and sole remedy is a refund. If technical problems prevent or unreasonably delay delivery of your product, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by Pro Lessons.
Your use of the Site and/or the Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
Pro Lessons and its logo are trademarks of Pro Lessons, LLC. The Site contains proprietary, original material that is protected by U.S. copyright and international treaties. Pro Lessons, our instructors and our licensors retain all intellectual property rights with respect to such proprietary, original material. Pro Lessons will pursue legal action against anyone who misappropriates its name or content for commercial use. Any commercial publication or exploitation of the Services or any content provided in connection therewith is specifically prohibited and anyone wishing to do so must first request and receive prior written permission from Pro Lessons to do so.
You agree to not use the Site and/or Services to upload, post, email, transmit or otherwise make available (A) any content that you do not have a right to make available; (B) any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (C) any unsolicited or unauthorized advertising or promotional materials; or (D) 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; or to intentionally or unintentionally violate any applicable local, state, national or international law.
PRINT AND DOWNLOAD RESTRICTIONS
The Site may at times contain proprietary and original material licensed from third parties. The terms under these licenses may prohibit the downloading and/or printing of such material by users. Pro Lessons is obliged under such licenses to disable the user's ability to download and/or print such content. Any attempt by users and subscribers to circumvent these restrictions is a violation of this Agreement and may result in termination of service and appropriate legal action.
DISCLAIMER OF WARRANTIES; LIABILITY LIMITATION
PRO LESSONS DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SITE AND/OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME PRO LESSONS MAY REMOVE THE SERVICES FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICES AT ANY TIME, WITHOUT NOTICE TO YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SITE AND/OR SERVICES IS AT YOUR SOLE RISK. THE SITE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SITE ARE (EXCEPT AS EXPRESSLY STATED BY PRO LESSONS) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
IN NO CASE SHALL PRO LESSONS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SITE AND/OR SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE AND/OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR PRODUCTS, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR PRODUCTS POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, PRO LESSONS' LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
PRO LESSONS SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SITE AND/OR SERVICES, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND PRO LESSONS HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
PRO LESSONS DOES NOT REPRESENT OR GUARANTEE THAT THE SITE AND/OR SERVICES WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND PRO LESSONS DISCLAIMS ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM BEFORE, DURING AND AFTER USING THE SITE AND/OR SERVICES, INCLUDING ANY CONTENT OR DATA USED IN CONNECTION WITH OR ACQUIRED FROM THE SITE AND/OR SERVICES.
WAIVER AND INDEMNITY
BY USING THE SITE AND/OR SERVICES, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD PRO LESSONS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SITE AND/OR SERVICES, OR ANY ACTION TAKEN BY PRO LESSONS AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM PRO LESSONS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SITE AND/OR SERVICES, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF PRO LESSONS' CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
REQUIREMENTS FOR USE OF THE SITE AND SERVICES
The Site and Services are only available to individuals aged at least 13 years. Individuals under the age of 13 are not permitted to purchase a subscription to the Site and/or the Services. Children under the age of majority should review this Agreement with their parent or guardian to ensure that the child and parent or legal guardian understand it. We do not knowingly collect, use or disclose personal information from children under 13 without verifiable parental consent.
The Services are available to you only in the United States, its territories, and possessions. You agree not to use or attempt to use the Services from outside these locations. Pro Lessons may use technologies to verify your compliance.
Use of the Site and/or Services requires a compatible device, Internet access, and certain software; may require periodic updates; and may be affected by the performance of these factors. High-speed Internet access is strongly recommended for regular use and is required for video; access or cellular data fees may apply. The latest version of required software is recommended and may be required for certain transactions or features. You agree that meeting these requirements, which may change from time to time, is your responsibility.
Pro Lessons and its licensors reserve the right to change, suspend, remove, discontinue or disable access to the Site and/or Services and an content, or other materials comprising a part of the Site and/or the Services at any time without notice. In no event will Pro Lessons be liable for making these changes. Pro Lessons may also impose limits on the use of or access to certain features or portions of the Site, in any case and without notice or liability.
Certain products, content, and services available via the Site may include materials from third parties. Pro Lessons may provide links to third-party websites, products or services as a convenience to you. You agree that Pro Lessons is not responsible for examining or evaluating the content or accuracy and Pro Lessons does not warrant and will not have any liability or responsibility for any third-party materials, websites, products or services. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that Pro Lessons is not in any way responsible for any such use by you.
Pro Lessons reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the Site and/or Services. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Site and/or Services will be deemed acceptance thereof.
If you fail, or Pro Lessons suspects that you have failed, to comply with any of the provisions of this Agreement, Pro Lessons, at its sole discretion, without notice to you, and without waiving your liability for all amounts due under your Account, may: (i) terminate this Agreement and/or your Account; and/or (ii) terminate the license to the software; and/or (iii) preclude access to the Site and/or Services (or any part thereof).
This Agreement constitutes the entire agreement between you and Pro Lessons and governs your use of the Site and/or Services, superseding any prior agreements between you and Pro Lessons. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Pro Lessons' failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. Pro Lessons will not be responsible for failures to fulfill any obligations due to causes beyond its control.
The Site is operated by Pro Lessons, LLC from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Site and/or Services. All transactions on the Site are governed by Tennessee law, without giving effect to its conflict of law provisions. Your use of the Site and/or Services may also be subject to other laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Pro Lessons or relating in any way to your use of the Site and/or Services resides in the courts in the State of Tennessee. Risk of loss and title for all electronically delivered transactions pass to the purchaser in Tennessee upon electronic transmission to the recipient. No Pro Lessons employee or agent has the authority to vary this Agreement.
Pro Lessons may notify you with respect to the Site and/or Services by sending you an email message, or a letter via postal mail to your Account mailing address, or by a posting on the Site. Notices shall become effective immediately.
Pro Lessons reserves the right to take steps Pro Lessons believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that Pro Lessons has the right, without liability to you, to disclose any Account information to law enforcement authorities, government officials, and/or a third party, as Pro Lessons believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Pro Lessons' right to cooperate with any legal process relating to your use of the Site and/or Services and/or a third-party claim that your use of the Site and/or Services is unlawful and/or infringes such third party's rights).