For Virtuallinda Media LLC
THE BRAND BUILDER SYSTEM with Virtuallinda
For E-Learning Products and Services from all trade names of Virtuallinda Media LLC (hereafter referred to as “VIRTUALLINDA MEDIA”).
Your PayPal receipt will be from Virtuallinda Media LLC, and questions should be directed to [email protected].
YOU SHOULD CAREFULLY READ AND ACCEPT THE FOLLOWING TERMS AND CONDITIONS BEFORE USING YOUR USERNAME & PASSWORD (YOUR ‘ACCOUNT’) TO ACCESS THIS E-LEARNING PRODUCT. USING YOUR ‘ACCOUNT’ INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU SHOULD PROMPTLY EXIT FROM THIS COURSE. IF APPROPRIATE, YOUR MONEY WILL BE REFUNDED.
TO ACCESS THIS E-LEARNING PRODUCT, PLEASE INDICATE YOUR AGREEMENT TO THESE TERMS:
- Yes, I agree to be the ONLY person using this ‘ACCOUNT’
- Yes, I agree not to share this course with any one else
- Yes, I agree to ONLY use this ‘ACCOUNT’ for my own training purposes.
- Yes, I agree that if I use this ‘ACCOUNT’ to train others, then EVERY person I train will have also purchased their own ‘ACCOUNT’.
- Yes, I accept and agree to be bound by the complete License Agreement of VIRTUALLINDA MEDIA as stated below.
1. GRANT OF LICENSE. In consideration of payment of the License Fee, which is part of the price you paid for this E-learning product, Licensor, VIRTUALLINDA MEDIA, grants to you, the Licensee, a non-exclusive, non-transferable LICENSE to use the E-learning product in accordance with the following terms:
1.1 You are licensed to use the E-learning product – on a standalone, group or classroom basis – to train only yourself, or others, having their own, unique ‘ACCOUNT’. Each person in a group or class is considered a “student” and must have their own, unique ‘Student ID’. Additional ‘ACCOUNTs’ may be licensed by contacting a VIRTUALLINDA MEDIA representative.
1.2 You are licensed to use the E-learning product to assist in training yourself and others with a paid ‘ACCOUNT’. You are NOT licensed to use the E-learning product to assist in training anyone else, unless payment has been made, or other appropriate written approval has been received by VIRTUALLINDA MEDIA. If you want to use the E-learning product to train persons other than yourself and your employees, you may arrange to do so by obtaining the appropriate licenses from VIRTUALLINDA MEDIA.
2. OWNERSHIP OF THE E-LEARNING PRODUCT. As the Licensee, you own the physical objects (that is, the magnetic media, and the paper) on which the E-learning products are recorded. As the Licensor, VIRTUALLINDA MEDIA (or its licensors, if any) own and will retain all title, copyright, trademark and other proprietary rights in and to the E-learning product. This LICENSE is NOT a sale of the E-learning product or any copy of it. You, the Licensee, obtain only such rights as are provided in this Agreement. You understand and agree as follows:
2.1 You (and your students, employees, members, associates, volunteers, participants, etc.) may NOT make any copies of all or any part of the E-learning product except for archival copies of the computer software component of the E-learning product as permitted by the United States Copyright Act. You agree to reproduce and include the <> copyright on any such copies.
2.2 You (and your students, employees, members, associates, volunteers, participants, etc.) may NOT reverse compile, reverse assemble, reverse engineer, modify, incorporate in whole or in part in any other product or create derivative works based on all or any part of the E-learning product.
2.3 You (and your students, employees, members, associates, volunteers, participants, etc.) may NOT remove any copyright, trademark, proprietary rights, disclaimer or warning notice included on or embedded in any part of the E-learning product.
2.4 You (and your students, employees, members, associates, volunteers, participants, etc.) may NOT sell, license, sublicense, rent, or otherwise transfer the E-learning product without the written permission of VIRTUALLINDA MEDIA.
2.5 You (and your students, employees, members, associates, volunteers, participants, etc.) may NOT export or re-export the E-learning product without the appropriate United States and/or foreign government licenses.
2.6 You (and your students, employees, members, associates, volunteers, participants, etc.) are required to protect the confidentiality of the E-learning product. You may not distribute or otherwise make E-learning product available to any third party (other than a transferor of the E-learning product in accordance with Section 2.4 above.)
3. TERM. The term of this LICENSE will continue until VIRTUALLINDA MEDIA provides written consent to assignment or transfer of this LICENSE or until VIRTUALLINDA MEDIA terminates this LICENSE as provided herein. Unless otherwise specified, access to e-learning may be terminated 60-days after final payment. VIRTUALLINDA MEDIA may terminate this LICENSE, for cause, if VIRTUALLINDA MEDIA gives written notice to you specifying any failure or default in the performance of any provisions of this LICENSE and you fail to cure said failure or default to the satisfaction of VIRTUALLINDA MEDIA within 30 days after such notice. VIRTUALLINDA MEDIA may terminate this LICENSE immediately if you harass any member of VIRTUALLINDA MEDIA or its Community of clients. Upon the termination of this LICENSE, you will promptly return to VIRTUALLINDA MEDIA or destroy all copies of the E-learning product and related documentation covered by this LICENSE. Client Access in the AMPLIFY Your Purpose is subject to additional terms:
Subscription payments will be made monthly until canceled by Customer. I understand that I will be billed monthly and I can cancel at any time through my PayPal subscription, which will void this agreement and the obligation of Virtuallinda Media LLC to complete any unpaid work. Access to e-learning may be terminated immediately after final payment.
Maintenance Subscriptions will grant you access as outlined above as long as you are a paid member. If Virtuallinda Media LLC decides to upgrade, alter, cancel or upgrade the Membership offerings, you will have access to your level of membership for at least 60-days after email notification before any final change in service is made.
If you opt for additional support, I understand I am paying for work that is to be determined based on my current business goals. Each month, I will consult with Virtuallinda Media LLC on what work I would like done during that time. See Terms contract for details.
4. LICENSEE’S RESPONSIBILITIES FOR SELECTION AND USE OF THE E-LEARNING PRODUCT. The E-learning product is a tool that VIRTUALLINDA MEDIA hopes you will find useful in your efforts to educate or train others. HOWEVER, VIRTUALLINDA MEDIA DOES NOT WARRANT THAT THE E-LEARNING PRODUCT IS ACCURATE OR COMPLETE WITH RESPECT TO LAWS, REGULATIONS, PRACTICES, OR ANY OF THE FACTS OR OPINIONS EXPRESSED IN THE E-LEARNING PRODUCT. You are responsible for the supervision, management and control of the use of the E-learning product, and output of the E-learning product, including, but not limited to: (a) selection of the E-learning product to achieve your intended results; (b) determining the appropriate uses of the E-learning product in your business; (c) establishing adequate independent procedures for testing the accuracy of the E-learning product; and (d) establishing adequate backup to prevent the loss of data in the event of a E-learning product malfunction.
5.1 Warranty. Subject to the other provisions in Articles 4 and 5 of this Agreement, VIRTUALLINDA MEDIA warrants that, for a period of 90 days from receipt by you, the software program and magnetic media which form parts of the E-learning product (the “Software”) will conform in all material respects to the user documentation furnished to you. VIRTUALLINDA MEDIA’s sole responsibility under this warranty will be, at its option, (1) to use reasonable efforts to correct documented errors in said Software that are reported to it within the foregoing warranty period or (2) to refund a prorated protion of the net license fee paid to VIRTUALLINDA MEDIA with respect to the license of the E-learning product. VIRTUALLINDA MEDIA does not warrant that the Software will be error free, nor that all program errors will be corrected. All requests for Software warranty assistance shall be directed to VIRTUALLINDA MEDIA. Asserted errors must be documented by you to VIRTUALLINDA MEDIA, detailing the error, describing how to recreate the error, and including, if available, sample output.
5.2 Exceptions. VIRTUALLINDA MEDIA’s warranty does not apply insofar as: (a) any Software is subjected to misuse, neglect, accident or exposure to environmental conditions beyond those specified by VIRTUALLINDA MEDIA; (b) claims resulting from acts or omissions caused by persons other than VIRTUALLINDA MEDIA or from products, material or software not provided by VIRTUALLINDA MEDIA; (c) you use Software that does not include all updates available from VIRTUALLINDA MEDIA or (d) a guaranteed level of performance when related to connectivity and delivery over the internet.
5.3 Limitations on Warranties. THE EXPRESS WARRANTY SET FORTH IN THIS ARTICLE 5 IS THE ONLY WARRANTY GIVEN BY VIRTUALLINDA MEDIA WITH RESPECT TO ANY E-LEARNING PRODUCT FURNISHED HEREUNDER; VIRTUALLINDA MEDIA MAKES NO OTHER WARRANTIES, EXPRESS, IMPLIED OR ARISING BY CUSTOM OR TRADE USAGE; AND SPECIFICALLY DISCLAIMS THE WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR ANY PARTICULAR PURPOSE. SAID EXPRESS WARRANTY SHALL NOT BE ENLARGED OR OTHERWISE AFFECTED BY VIRTUALLINDA MEDIA’S RENDERING OF TECHNICAL OR OTHER ADVICE OR SERVICE IN CONNECTION WITH THE E-LEARNING PRODUCT. VIRTUALLINDA MEDIA SHALL NOT BE HELD RESPONSIBLE FOR THE PERFORMANCE OF OR OUTPUT OBTAINED FROM THE SOFTWARE NOR FOR ANY LIABILITY TO ANY PARTY ARISING OUT OF USE OF THE E-LEARNING TRAINING PRODUCT.
Company assumes no responsibility for the use or misuse of their websites or Social Media profiles, or for any injury, damage and/or financial loss sustained to persons or property as a result of using our training or virtual assistance. We cannot guarantee your future results and/or success as there are some unknown risks in business and on the internet that we cannot foresee. The use of our information should be based on your own due diligence, and you agree that our company is not liable for any success or failure of your business that is directly or indirectly related to the purchase and/or use of our information. Customer acknowledges that the Company is not responsible for the results obtained by the Customer. Customer waives any claim for damages, direct or indirect, and agrees that its sole and exclusive remedy for damages (either in contract or tort) is the return of the consideration paid to the Company.
6. LIMITATIONS ON REMEDIES. VIRTUALLINDA MEDIA’s liability in contract, tort or otherwise arising out of or in connection with any E-learning product, any output of any Software, or VIRTUALLINDA MEDIA’s sales or license agreement with you shall not exceed the net license fee paid to VIRTUALLINDA MEDIA for the E-learning product. IN NO EVENT SHALL VIRTUALLINDA MEDIA BE LIABLE FOR SPECIAL, INCIDENTAL, TORT OR CONSEQUENTIAL DAMAGES (INCLUDING ANY DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS OR LOSS OF BUSINESS) ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OF THE E-LEARNING PRODUCT OR VIRTUALLINDA MEDIA’S PERFORMANCE OF SERVICES, EVEN IF VIRTUALLINDA MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. U.S. GOVERNMENT RESTRICTED RIGHTS. If you are a government agency, you acknowledge that the E-learning product was developed at private expense and that the computer software component is provided to you subject to RESTRICTED RIGHTS, as defined in 48 CFR Part 227.471, and all other technical data are provide to you subject to LIMITED RIGHTS, as defined in 48 CFR Part 227.471.
RESTRICTED RIGHTS LEGEND–Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software (May, 1987) clause at 252.227-7013 (48 CFR). Contractor/manufacturer is VIRTUALLINDA MEDIA.
8.1 The terms of this LICENSE shall be construed in accordance with the substantive laws of the State of Maryland, Baltimore County.
8.2 If you have any questions about this Agreement, you may write to Linda Schenk at [email protected].
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE LICENSE AGREEMENT BETWEEN YOU AND VIRTUALLINDA MEDIA WHICH SUPERSEDES ANY PROPOSAL, OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND VIRTUALLINDA MEDIA RELATING TO THE SUBJECT MATTER OF THIS LICENSE AGREEMENT.