BY COMPLETING THE PURCHASING PROCESS, YOU AGREE TO THE TERMS OF THIS USER AGREEMENT, JUST AS IF YOU HAD SIGNED THE USER AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS USER AGREEMENT, PLEASE DO NOT COMPLETE THE PURCHASING PROCESS.
Brooke Publishers, Inc., hereby grants you a limited, non-exclusive, non-assignable and non-transferrable license to access "Mastering The Trade", hereinafter known as "the Course", provided and expressly conditioned upon your agreement that all such access and use shall be governed by all of the terms and conditions set forth in this USER AGREEMENT. You hereby acknowledge and agree as follows:
Ownership and Use.
a. The Course is the valuable, exclusive property of Brooke Publishers, Inc.and nothing in this Agreement shall be construed as transferring or assigning any such ownership rights to you or any other person or entity. The Course is protected by contract law and various intellectual property laws, including domestic and international copyright laws. Except as permitted in this User Agreement, you may not copy, adapt, distribute or publicly display the Course or any portion thereof in any manner whatsoever without Brooke Publishers, Inc.'s prior written consent. You may not remove, alter or obscure any copyright, legal or proprietary notices in or on any portions of the Course.
b. You may manipulate, analyze, print and/or display for your use only the information
received from the Course pursuant to this User Agreement. You may not resell, redistribute, broadcast or transfer the information or use the information in a searchable, machine-readable database. Unless separately and specifically authorized in writing by Brooke Publshers, Inc..
you may not rent, lease, sublicense, distribute, transfer, copy, reproduce, publicly display, publish, adapt, store or time-share the Course, any part thereof, or any of the information received or accessed therefrom to or through any other person or entity. It is specifically further agreed that all obligations of this User Agreement extend to the purchase and use of any and all audio tape materials.
Payment
a. In consideration of your use of the Course and the license granted in this User Agreement, you shall pay Brooke Publishers, Inc. the published tuition fee, unless other specific financial arrangements have been agreed to by both parties in advance, pursuant to this User Agreement via an automatic debit to your credit card pursuant to the information you provide and your authorization. An additional sum also published, will be payable pursuant to the same agreement, for audio tape materials specifically requested by the student.
Delays in Services
a. Neither Brooke Publishers, Inc. nor any of its licensors (including their directors, employees, affiliates, agents, representatives or subcontractors) shall be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical
equipment failures, telephone interconnect problems, any and all other Internet, network, modem, server outages, delays or interruptions, or other defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, or to other like causes. Brooke Publshers, Inc. shall have no responsibility to provide you access to the Course while interruption of the Course due to any such cause shall continue.
Termination
This User Agreement and the license rights granted hereunder shall remain in full force and effect unless terminated or canceled for any of the following reasons:
a. immediately by Brooke Publshers, Inc. if you fail to pay because your automatic
credit card debit is denied for any reason;
b. immediately by Brooke Publishers, Inc. for any unauthorized access or use by you, including, without limitation:
(i) concurrent access to the Course with identical user identification numbers;
(ii) permitting another person or entity to use your user identification number to access the Course; or
(iii) any other access or use of the Course except as expressly provided in this Agreement;
c. immediately by Brooke Publshers, Inc if you assign or transfer (or attempt the same) any rights granted to you under this Agreement;
d. immediately, if you violate any of the other terms and conditions
of this User Agreement.
Termination or cancellation of this Subscriber Agreement shall not effect any right or relief to which Brooke Publshers, Inc. may be entitled, at law or in equity. Upon termination of this User Agreement, all rights granted to you will terminate and revert to Brooke Publshers, Inc. Except as set forth below, regardless of the reason for cancellation or termination of this User Agreement, the fee charged for access to the Course is non-refundable for any reason.
Equipment and Operation.
a. You shall provide and maintain all telephone and other equipment necessary to access the Course, and the costs of any such equipment and/or telephone connections or use, including any applicable taxes, shall be borne solely by you. You are responsible for operating your own equipment used to access the Course.
LIMITED WARRANTY AND LIABILITY.
A. You acknowledge that the information provided through the Course is compiled from sources which are beyond the control of Brooke Publishers, Inc. Though such information is recognized by the parties to be generally reliable, the parties acknowledge that inaccuracies may occur and Brooke Publishers, Inc. does not warrant the accuracy or suitability of the information.
FOR THIS REASON, YOU ACKNOWLEDGE THAT THE COURSE IS PROVIDED TO YOU ON AN "AS IS, WITH ALL FAULTS" BASIS. BROOKE PUBLISHERS, INC. EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, ORAL, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY OF MERCHANTABILITY, ANY WARRANTIES ARISING BY VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING AND ANY IMPLIED WARRANTIES OF TITLE OR NON-INFRINGEMENT. FURTHER, BROOKE PUBLISHERS, INC. DOES NOT REPRESENT OR WARRANT THAT THE COURSE WILL MEET YOUR REQUIREMENTS OR IS SUITABLE FOR YOUR NEEDS.
Under this User Agreement, you assume all risk of errors and/or omissions in the Course, including
the transmission or translation of information. You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of the Course, including the information, and for maintaining any means which you may require for the reconstruction of lost data or subsequent manipulations or analyses of the information provided under the User Agreement.
YOU AGREE THAT BROOKE PUBLISHERS, INC. AND ITS LICENSORS (INCLUDING ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES OR SUBCONTRACTORS) SHALL NOT IN ANY EVENT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE COURSE FOR ANY PURPOSE WHATSOEVER. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (e.g., CONSUMER LAWS) THAT DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF SUCH LAWS APPLY, OUR EXCLUSIONS OR LIMITATIONS DO NOT APPLY TO YOU.
b. IF THERE SHALL, NOTWITHSTANDING THE ABOVE PROVISIONS, AT ANY TIME BE OR ARISE ANY LIABILITY ON THE PART OF BROOKE PUBLISHERS, INC. OR ITS LICENSORS BY VIRTUE OF THIS SUBSCRIBER AGREEMENT OR BECAUSE OF THE RELATION THEREBY ESTABLISHED, WHETHER DUE TO THE NEGLIGENCE OF BROOKE PUBLISHERS, INC. OR ITS LICENSORS OR OTHERWISE, SUCH LIABILITY IS AND SHALL BE LIMITED TO A SUM EQUAL IN AMOUNT TO 10% (10 PERCENT) OF THE SUMS PAID TO BROOKE PUBLISHERS, INC. BY YOU UNDER THE TERMS OF THIS AGREEMENT, AS LIMITED DAMAGES AND NOT AS A PENALTY. THIS LIABILITY SHALL BE COMPLETE AND EXCLUSIVE.
C. INDEMNIFICATION. YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS BROOKE PUBLISHERS, INC. AND ITS LICENSORS (INCLUDING ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES OR SUBCONTRACTORS) FOR AND AGAINST ALL CLAIMS BROUGHT BY PERSONS OR ENTITIES OTHER THAN THE PARTIES TO THIS USER AGREEMENT ARISING FROM OR RELATED TO YOUR ACCESS AND USE OF THE COURSE.
No Conflicting Terms. If there is any conflict between this User Agreement and your email receipt, or other documents, this User Agreement shall govern, whether such order or other documents is prior to or subsequent to this User Agreement, or is signed or acknowledged by any director, officer, employee, representative or agent of Brooke Publshers, Inc.
Attorney's Fees. If Brooke Publishers, Inc. takes action (by itself or through its representatives) to enforce any of the provisions of this User Agreement, including collection of any amounts due hereunder, Brooke Publishers, Inc. shall be entitled to recover from you (and you agree to pay), in addition to all sums to which it is entitled or any other relief, at law or in equity,
reasonable and necessary attorney's fees and any costs of any litigation.
Governing Law; Limitations; Venue.
This User Agreement shall be governed by the laws of the State of Arizona, excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction. To the extent allowed by applicable law, any claims or causes of action arising from or relating to your access and use of the Course contemplated by this User Agreement must be instituted within two (2) years from the date upon which such claim or cause arose or was accrued. Further, any such claim or cause of action may only be brought in the state or federal courts located in Maricopa County, Arizona and you agree to submit to the exclusive personal jurisdiction of such courts and hereby appoint the Secretary of State of Arizona as your agent for service of process.
Entire Agreement. This User Agreement is complete at the time you agreed to it by completing the purchasing process, and this User Agreement constitutes the entire agreement between the parties, and no other agreement, written or oral, exists between you and Brooke Publishers, Inc.