1. AVAILABILITY OF SERVICE. New Media Legal Publishing, Inc. ("NMLP") will provide Licensee
with access to a webpage where Licensee and the Authorized Viewers
(defined below) may view the audio/visual product entitled "Deposition
Testimony: 5 Simple Rules" ("Licensed Product") during
the fourteen day (14 ) license term ("License Term"). Licensee
acknowledges that NMLP has engaged a third-party web hosting vendor
("Vendor") to host the webpage for NMLP, and that Vendor
is responsible for all maintenance, repair, and the 24-hour Internet
connection of one or more shared or physical computers necessary to
host the webpage for NMLP, and in turn, for Licensee. Licensee understands
and agrees that interruptions of web hosting services may occur due
to events or circumstances that NMLP does not and cannot control, including
without limitation scheduled maintenance and repair by Vendor, or by
strikes, riots, vandalism, fires, inclement weather, third-party provider
outages, cable cuts, power shortages, acts of terrorism, and/or uncontrollable
acts of God, or other causes beyond Vendor's control, as defined by
standard practices in the web hosting industry. Licensee agrees that
under no circumstances will NMLP be held liable for any financial or
other damages due to such interruptions. In no event shall NMLP be
liable to Licensee or any other person for any special, incidental,
consequential or punitive damages of any kind, including, without limitation,
refunds of fees, loss of profits, loss of income or cost of replacement
services. Such failure or delay in providing access to the webpage
for Licensee and/or Licensee's clients shall not constitute a breach
of NMLP's obligations under the license to Licensee. NMLP will provide
Licensee with an extension of the License Term in the event Licensee's
access to the Licensed Product is interrupted. 2. CUSTOMER SERVICE. NMLP will use its best efforts to provide Licensee with uninterrupted access to the webpage during the License
Term by utilizing Vendor's customer service and technical support resources
to restore such services in the event of an interruption. Licensee
acknowledges that NMLP does not have its own customer service or technical
support resources and all such services will be provided by Vendor. 3. AUTHORIZED VIEWERS. The person who purchases the pay-per-view license from NMLP's website
is referred to as the "Licensee." Licensee may grant access
to the Licensed Product using the webpage and password supplied by
NMLP only to Licensee during the License Term. Licensee may not grant access
to the Licensed Product to any persons other Licensee
without NMLP's prior, written consent. 4. LICENSE FEE. Licensee shall pay to NMLP a license fee for unlimited use of the Licensed Product during the License Term. 5. TERMINATION. NMLP may terminate the license upon any failure by Licensee to cure a material breach of its obligations under the license after having received written notice of such breach from NMLP. Licensee may terminate the license at any time and for any reason upon written notice of such termination to NMLP. In the event of termination of the license by either NMLP or Licensee, Licensee shall not be entitled to any refund of the License Fee. 6. DISCLAIMER OF WARRANTIES. THE GOODS AND SERVICES NMLP IS TO PROVIDE TO LICENSEE UNDER THIS LICENSE ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NMLP SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL NMLP BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR INCIDENTAL DAMAGES, EVEN IF NMLP HAS BEEN ADVISED BY LICENSEE OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. IF NMLP'S SERVICE TO LICENSEE IS DISRUPTED OR MALFUNCTIONS FOR ANY REASON, NMLP SHALL NOT BE RESPONSIBLE FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE, BEYOND THE FEES PAID BY LICENSEE TO NMLP FOR SERVICES, DURING THE PERIOD OF DISRUPTION OR MALFUNCTION. 7. VIMEO PURCHASES. Please note that if you purchased access to this program through Vimeo, the terms of your license are governed by Vimeo's terms and conditions, which can be found here: https://vimeo.com/paymentaddendum. 8. BILLING DISPUTES Licensee agrees to provide NMLP 30 days to attempt settlement of any billing dispute before disputing with any third-party credit/debit card company, bank or payment processer. If NMLP receives a chargeback from a third-party credit/debit card company, bank or payment processor on the Licensee's behalf before NMLP has been given a chance to resolve the issue, NMLP has the right to collect the license fee and any fees associated with the dispute. Regardless of the outcome of the chargeback, NMLP retains the right to collect the license fee and any fees associated with the dispute. NMLP will submit any disputed amounts to a collection agency. If you have any questions about these terms and conditions, please contact us. New Media Legal Publishing, Inc. 1801 Century Park East, 24th Floor |
