STREAMINGTEACHER'S
TERMS OF USE & SALE
Any order or
subscription placed by you with Streaming Teacher, Inc. of
Oregon, an Oregon Corporation ("Streamingteacher") as well
as your use of this website is subject to these Terms of
Use & Sale, and your use of our website and/or placement
of a subscription with Streamingteacher constitutes your
agreement to these Terms of Use & Sale.
COPYRIGHT &
TRADEMARK NOTICE: This site and all the products sold and
distributed herein are owned and operated by
Streamingteacher. All elements, verbiage and design of
this site are the sole property of Streamingteacher. No
elements of this site may be copied, reproduced, modified,
republished, uploaded, posted, transmitted, or distributed
in any form or by any means without Streamingteacher's
prior written permission. All rights not expressly granted
herein are reserved. You agree not to change or delete any
proprietary notices from any materials downloaded from
this website. Any unauthorized use of the materials
appearing on this site may violate copyright, trademark
and other applicable laws and could result in criminal or
civil penalties. All graphics, icons, and logos are
property of Streamingteacher. The use of any logos and/or
art associated with Streamingteacher and on our website
without our prior written consent is strictly prohibited.
SUBSCRIPTION
COST, PAYMENT: Each Channel has it's own subscription cost
and payment structure.
CANCELLATION: You
may cancel your subscription and receive a full refund by
sending an e-mail to Streamingteacher at sales
@streamingteacher.com within 48 hours of the time of your
Order. This right to cancellation maybe exercised only one
time by the same person or orders charged to the same
credit card number.
LINKS: Our site
contains links to other sites owned and operated by third
parties. You acknowledge that Streamingteacher is not
responsible for the operation of or content located on or
through these other sites. The fact Streamingteacher has
provided a link to a site is not an endorsement,
authorization, sponsorship or affiliation by
Streamingteacher of such site.
ORDER ACCEPTANCE
POLICY: We reserve the right at any time to accept or
decline your order for any reason. Streamingteacher has
the right to terminate or restrict your access
unilaterally and without notice.
CHANGES AND OTHER
TERMS: We reserve the right to make changes and updates to
any information contained within this site without prior
notice. We also reserve the right to change any of the
Terms of Use without prior notice.
PUBLIC DISPLAY:
These training videos have a restricted distribution and
may be used by the intended subscriber only. No public
display, reproduction, printed or electronic, is
permitted without the prior written permission of
Streaming Teacher.
INDEMNIFICATION:
You agree to indemnify and hold harmless Streamingteacher
and its affiliates against any and all claims relating to
your use of this site or any defects resulting from your
use and/or application of our products and any claims of
intellectual property infringement based upon your order
or application of the product.
LIMITATION OF
WARRANTY: WE WARRANT THAT THE PRODUCTS SOLD SHALL CONFORM
TO THE GRADE AND QUANTITY SPECIFIED IN ALL MARKETING
MATERIALS PRODUCED BY STREAMINGTEACHER. THIS WEBSITE IS
PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE.
STREAMINGTEACHER ASSUMES NO RESPONSIBILITY FOR ERRORS OR
OMISSIONS ON THIS WEBSITE OR ANY OTHER WEBSITE WHICH MAY
BE REFERENCED OR LINKED TO THIS WEBSITE.
THE INFORMATION
INCLUDED IN THIS WEBSITE COULD INCLUDE TECHNICAL OR OTHER
INACCURACIES OR TYPOGRAPHICAL ERRORS. AMENDMENTS ARE
PERIODICALLY MADE TO THE INFORMATION CONTAINED IN THIS
SITE. STREAMINGTEACHER MAY MAKE IMPROVEMENTS AND/OR
AMENDMENTS TO THE WEB SITE AND THESE TERMS OF USE & SALE
AT ANY TIME. ANY AND ALL PORTIONS OF THIS DISCLAIMER AND
THESE TERMS OF USE & SALE SHALL AUTOMATICALLY APPLY TO ALL
IMPROVEMENTS AND/OR AMENDMENTS AS THEY APPEAR ON THE WEB
SITE. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE
ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS,
ADVICE, SERVICES, AND OTHER INFORMATION PROVIDED THROUGH
THE WEB SITE. STREAMINGTEACHER DOES NOT WARRANT THAT THE
WEB SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT
DEFECTS IN THE WEB SITE WILL BE CORRECTED.
LIMITATION OF
LIABILITY: OUR MAXIMUM LIABILITY SHALL NOT EXCEED, AND
YOUR SOLE REMEDY IS LIMITED TO, A ONE-TIME RECOVERY OF THE
AMOUNT OF THE SUBSCRIPTION YOU PAID TO STREAMINGTEACHER
HEREUNDER. IN NO EVENT WILL STREAMINGTEACHER BE LIABLE FOR
ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL,
EXEMPLARY OR PUNITIVE DAMAGES OR LOST PROFITS, WHETHER
BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE),
FRAUD, OR OTHERWISE, INCLUDING WITHOUT LIMITATION THOSE
RESULTING FROM LOSS OF USE OR PROFITS, WHETHER OR NOT
STREAMINGTEACHER WAS ADVISED OF THE POSSIBILITY OF DAMAGE,
OR UNDER ANY THEORY OF LIABILITY ARISING OUT OF OR IN
CONNECTION WITH THE USE OF, OR INABILITY TO USE, OUR
PRODUCTS FURNISHED UNDER THESE TERMS OF SALE & USE.
MISCELLANEOUS
TERMS: If your payment for any reason fails to be
accepted, you shall be responsible for any collection
costs incurred by us, including attorney's fees. If any
action or litigation is brought to enforce our rights, the
prevailing party shall be awarded attorney's fees and
costs. Streamingteacher objects to any contrary or
additional terms you may submit. These Terms of Sale
constitute the complete and final agreement between the
parties and supersede any prior oral and written
agreements. This website is created and operated in Oregon
and these terms shall be construed according to and
governed by the laws of the State of Oregon. The exclusive
venue for any litigation resulting from these Terms of
Sale or in any way connected to Streamingteacher shall be
brought in a state or federal court of competent
jurisdiction in Multnomah County, State of Oregon and you
irrevocably consent to submit to the exclusive
jurisdiction of the courts in the State of Oregon. A
waiver of any right, default, or term of these Terms of
Sale shall not be deemed to be a continuing waiver or a
waiver of any other default or term. These Terms of Sale
may not be modified or amended except in writing and
signed by the parties.
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