Infused Coaching Agreement
Please do not log into the Window Three Website until you are fully aware and agree to the terms associated with use, as a member, of the 'Infused Coaching Episodes.'
1. Provisioning of the Infused Coaching Video’s is subject to the availability and the operational limitations of the requisite equipment and associated facilities. Members understand and agree that temporary interruptions of the Infused Coaching episodes may occur as normal events in the provision of the Infused Coaching Video’s and that Window Three will not be liable for such interruptions. Members further understand and agree that Window Three has no control over third party networks you may access in the course of your use of the Infused Coaching, and therefore, delays and disruptions of other network transmissions are beyond the control of Window Three.
2. Window Three reserves the right to make changes as to how the Infused Coaching Episodes are delivered. (i.e. Internet or DVD)
3. Infused Coaching episodes are provided for the names associated with the login information only (unless otherwise specifically stated) and members agree not to reproduce, duplicate, copy, sell, transfer, resell or exploit for any commercial purposes their subscription to or membership with the Infused Coaching episodes, any portion of the Infused Coaching episodes, use of the Infused Coaching episodes, or access to the Infused Coaching episodes. Members have no right to resell, sub license, assign or transfer their rights to access the Infused Coaching. All information, documents, products, and software (the "Materials") provided with Infused Coaching episodes were provided by Window Three or their respective manufacturers, authors, developers, licensees and vendors (the "Third Party Providers") and are the copyrighted work of Window Three and/or the Third Party Providers. Except as stated herein, none of the Materials may be copied, reproduced, resold, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of Window Three.
4. All information that members provides to Window Three must be accurate, including names, email addresses, physical addresses, credit or charge card numbers and expiration dates and any payment information ("Registration Data"). Members are responsible for keeping such information up-to-date and must provide changes promptly to Window Three. Members agree to keep confidential all log-in ID’s and passwords and is responsible for any liability or damages resulting from any members failure to maintain that confidentiality. Members are also solely and fully responsible and liable for all activities that occur under their member ID’s. Members agree to immediately notify Window Three if they suspect any breach of security such as loss, theft, or unauthorized disclosure or use of their member ID’s or passwords.
5. Members understand that there will be no refunds of money transferred.
Window Three is not responsible for providing any of the needed programs, devices or internet access required for viewing the Infused Coaching Episodes.
6. Window Three makes no representation as to the content, quality or download speed of the coaching videos. UNLESS OTHERWISE EXPLICITLY STATED, THE MATERIALS AND THE SERVICE ARE PROVIDED "AS IS", AND ARE FOR PARTY TWO’S USE ONLY. ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. WINDOW THREE MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE MATERIALS PROVIDED WITH THE INFUSED COACHING EPISODES.
You agree to indemnify and hold harmless Window Three and its subsidiaries, affiliates, officers, agents, co-branders, licensors or other partners and employees from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: (a) content posted, transmitted or otherwise made available through the Window Three website; (b) your use of the Window Three website; (c) use of your account and any Sub-Account whether or not such usage is expressly authorized by you.
WINDOW THREE SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS. MOREOVER, IN NO EVENT SHALL WINDOW THREE BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, LOST REVENUE, LOST PROFITS, LOSS OF USE, LOSS OF DATA OR OTHER ECONOMIC ADVANTAGE) HOWEVER THEY ARISE, WHETHER FOR BREACH OR IN TORT, EVEN IF WINDOW THREE HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN JURISDICTIONS WHERE PERMITTED, WINDOW THREE’S SOLE LIABILITY TO YOU UNDER THESE TERMS SHALL BE LIMITED TO THE TOTAL AMOUNT OF MONEY PAID TO WINDOW THREE BY YOU FOR USE OF THE INFUSED COACHING EPISODES.
7. Waiver and Amendment. Neither party may waive any of the terms or conditions of this Agreement, nor may this Agreement be amended or modified.
8. Entire Agreement. This Agreement constitutes the entire agreement with respect to the subject matter hereof, and supersedes all other prior agreements and understandings, both written and oral, among the parties hereto and their affiliates.
9. Severability. Whenever possible, each provision of this Agreement will be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality or unenforceability will not affect any other provision or any other jurisdiction, but this Agreement will be reformed, construed and enforced in such jurisdiction as if such invalid, illegal or unenforceable provisions had never been contained herein.
10. Governing Law. This Agreement shall be governed by the laws of the state of Kentucky, without regard to its conflicts of law provisions.
11. By logging into the Window Three website, you are thereby areeing to all terms within this agreement.