These Terms and Conditions are a legal agreement between you (“you,” “your”) and Bruce Hangen (“the seller”) and govern your use of this website and the seller’s services. By using this website or purchasing any services offered by the seller, you agree to these Terms and Conditions.

 

Terms of Sale

 

By placing an order, you are (i) offering to purchase a service, (ii) representing that you are at least eighteen (18) years of age, and (iii) representing that all information you provide in connection with such order is true and accurate and you are an authorized user of the payment method provided. The receipt by you of an order confirmation does not constitute the seller’s acceptance of an order. The seller retains the right to refuse any order request made by you.

 

Prior to the seller’s acceptance of an order, verification of information may be required. The seller reserves the right at any time after receipt of your order to accept, modify or decline your order, or any portion thereof, even after your receipt of an order confirmation from the seller, for any reason whatsoever. The seller reserves the right to refuse service to you without prior notification. In the event that an item or service lists an incorrect price, either due to typographical or other error, the seller has the right to refuse or cancel any such order placed for the incorrect price, regardless of whether the order is being or has been processed. If payment has already been made or if your account has already been charged for the purchase and the order is cancelled, the seller will credit your account in the amount of the incorrect price.

 

Disclaimer of Warranty & Limitation of Liability

 

Your use of this site as at your own risk. The information, materials, content and services provided on or through the site are provided “as is” without any warranties of any kind. The seller will not be liable for any damages of any kind arising from the use of the site, the use of services offered by the seller, and the use of YouTube or Zoom. This limitation of liability includes but is not limited to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay of operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.

 

Indemnification

 

You agree to indemnify and hold the seller and all affiliates and subsidiaries of the seller harmless from and against any and all claims, damages, costs and expenses, including attorney fees, arising from or related to your use of this site or breach of these Terms.

 

Jurisdiction

 

These Terms shall be construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to any conflict of law provisions. If any provision of these Terms is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect.

 

Your Obligation

 

Your video will be considered acceptable when it is: (i) uploaded to YouTube; (ii) the privacy setting of the video is set to “unlisted” so that it may be viewable by anyone with the URL; (iii) the video plays without error from the YouTube URL; (iv) the subject of the video can be seen with reasonable clarity, including a reasonable video resolution and reasonable frame rate; and (v) the video includes audio of reasonable quality. A minimum video resolution that is considered reasonable will be 480p, and a minimum video frame rate that is considered reasonable will be 24 frames per second. 

 

The seller retains the right to declare any video you submit to be unacceptable for any reason whatsoever. In the case that your video is unacceptable, the seller will make a good faith effort to provide you an opportunity to provide an acceptable video. If an acceptable video is not received by the seller within seven (7) business days of your payment, the seller’s obligation to you will terminate and a refund will be attempted to your original payment method.

 

Although you provide the seller with a video, the seller is not responsible or liable for any claim, including, without limitation, loss or injury to real, tangible, or intellectual property, violations of personal privacy or privacy rights, actual, consequential or punitive damages, personal injury, or wrongful death made in connection with your video. The seller reserves the right to refuse service to you if the seller deems your video to be in violation of the above.

 

Delivery of Services

 

The delivery of any services purchased on this site will be made within fourteen (14) business days after an acceptable video is received from you. Delivery will be made by electronic mail to the address submitted with your video URL, provided after the checkout process. If you do not supply a valid or working email address during the video submission process on the site, delivery cannot be completed and the seller’s obligation to you will terminate without a refund.

 

The delivery that you receive at your email address will contain a URL to a video uploaded to YouTube. This video represents the fulfillment of the seller’s obligation to you. You are responsible for ensuring that you have the capability to access the email account you provide during video submission, and that you have the capability to view videos uploaded to YouTube. The seller shall not be responsible for technical issues encountered on behalf of the systems you own or use, or for technical issues encountered on YouTube’s website or with your email service. If you believe there is a problem with the video provided by the seller, you agree to follow the dispute procedure outlined in these Terms.

 

Cancellation Policy

 

All sales are final.

 

Use of Third Party Site

 

You agree to YouTube’s Terms of Service

 

The seller’s use and your use of YouTube is solely a convenience, and the use of YouTube’s website does not imply endorsement by the seller of the content or materials on YouTube’s website. Your access to YouTube is at your own risk and the seller has no liability arising out of or related to YouTube or your access to or use of YouTube.

 

Website Content Permissions & Restrictions

 

Unless otherwise noted, the design of the site, including the software, source code, text, images and all other content and materials that are a part of the site are copyrights, trademarks, trade dress or other intellectual properties owned, controlled or licensed by the seller. The site is intended solely for your personal and non-commercial use. No right, title or interest in any content of the site is granted or transferred to you as a result of your use of the site. 

 

You may not reproduce, publish, transmit, distribute, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the content of the site. Your misuse of the site is strictly prohibited and may subject you to liability under federal, state or international laws.

 

Lesson Content Permission & Restrictions

 

The seller retains full ownership of any byproduct of services offered on this site, including but not limited to email communications and video communications.

 

The seller is offering an informational video (“lesson”) as a service sold on this site. The seller retains copyright and intellectual property ownership of the lesson. The lesson is intended for your personal and non-commercial use. No right, title or interest in the lesson is granted or transferred to you as a result of your purchase of this service or receipt of the lesson.

 

You may not reproduce, publish, transmit, distribute, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any content from the lesson or any written communication associated with the lesson. Your misuse of the lesson is strictly prohibited and may subject you to liability under federal, state or international laws.

 

Prohibited Uses of Site

 

You understand and agree not to (i) post, transmit, redistribute, upload, or promote any communications or content that could harm or negatively impact the seller or the seller’s business, products or services; (ii) act in a manner or employ any device that restricts, impairs, interferes or inhibits any other user from using or enjoying the site, or which impacts the security of the site, or (iii) employ any device or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation spiders, bots, crawlers, avatars or intelligent agents) to navigate or search the site, or to copy content from the site.

 

Dispute Resolution

 

You and the seller agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on this website, or the breach, enforcement, interpretation, or validity of these Terms or any part of it, the party asserting the dispute shall first try in good faith to settle such dispute by providing written notice to the seller by electronic mail describing the facts and circumstances (including any relevant documentation) of the dispute, and allowing the seller 30 days from the date of mailing to respond to the dispute. Notice shall be sent to: ???

 

Unless you indicate otherwise in your notice, the seller shall respond to your notice using the email address the notice was received from.

 

In the event that the seller is unable to resolve the dispute with you using the procedure referenced above, you and the seller both agree the parties shall resolve their dispute utilizing binding arbitration, which shall be adjudicated by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”) for binding arbitration under its rules then in effect in Massachusetts before one arbitrator to be mutually agreed upon by both parties. Arbitration shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis. You hereby waive your right to a class action lawsuit.