Service Agreement and Terms of Use
UDPATED ON JULY 31ST, 2010
The Practice Log Website Terms of Use
Welcome to The Practice Log website. This website is operated by Practice Perform, LLC (referred to below as .Practice Perform. or .we/us/our.). By accessing and using this website ("Website" or .Service.), you are agreeing to the following Terms of Use. The Website is intended solely for access and use by individuals 13 years of age and older. By accessing and using the Website, you are certifying that you are at least 13 years old. "You" or "your" means an adult user of the Website for itself and you as parent or guardian for any minor who you allow to access the Website, for whom you will be held strictly responsible. Your use of the Website indicates that you are bound by this Agreement with us.
If you do NOT agree to all of these terms, you should NOT use or access this Website.
Variation
Practice Perform may revise these Terms of Use from time to time, in our discretion, so you should check back periodically to familiarize yourself with any changes. When we make changes we will post the updated Terms of Use on the Website. The changes become effective immediately at the time of posting. By using the Website, including after any changes are posted to these Terms of Use or you are otherwise notified of such changes, you agree to these Terms of Use and accept those changes, whether or not you have reviewed them. If you do not agree to these Terms of Use, you should not use or access the Website.
Ownership of Website Content
The Website (and all of the material that it contains, collectively the .Content.) is owned by Practice Perform or its third party licensors and is protected by intellectual property and other laws throughout the world. Nothing found on the Website may be copied, reproduced, republished, distributed, sold, licensed, transferred or modified without the express written permission of Practice Perform. In addition, the trademarks, logos and service marks displayed on the website are the property of Practice Perform or its licensors.
UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIUBTING OR DUPLICATING OR ANY OTHER MISUSE OF ANY PART OF THE WEBSITE IS PROHIBITED. Nothing contained in the Terms of Use or in the materials on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any material in any manner without the prior written consent of Practice Perform or such third party that may own the material or intellectual property displayed on this Website. In addition, use of the content or materials for any purpose not expressly permitted in the Terms of Use is prohibited.
Limited Use License
Practice Perform grants to you a non-exclusive, limited purpose license to access and view this site, and to print selected pages that appear on this site for your own personal reference and non-commercial use, but not to otherwise use the content in any manner not expressly authorized in these terms and conditions. Unauthorized use, copying, reproduction, modification, republishing, uploading, downloading, posting, transmitting, distributing or duplicating, or any other misuse, of any of the content is strictly prohibited.
Subscriber Registration
As part of the registration process, you will provide your name, date of birth, and email address. You must provide PracticePerform with accurate, complete, and up-to-date registration information. Failure to do so will constitute a breach of this Agreement. You understand that you may not (i) select or use the name or email address of another person with the intent to impersonate that person; (ii) use the rights of any person other than yourself without authorization; or (iii) use a name that we, in our sole discretion, deem inappropriate.
If you are subscribing or registering for use of this Website from outside of the United States of America, you consent to the storage and processing in the United States of the personal data you submit, within the scope of the applicable privacy policy.
Subscriber Conduct
You are responsible for all usage or activity on the Website via your password account. Distribution of your password to others is expressly prohibited and shall constitute a breach of this Agreement. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at our sole discretion, and you may be referred to appropriate law enforcement agencies.
Subscriber Fees And Payments
Subscription membership in the Service is on a continuous service basis.
This means that once you have become a subscribing member, your subscription will be automatically renewed and your billing choice will be charged based on the subscription program (annual or monthly) you have chosen. Billing charges will be processed at the time your order is taken.
All charges are final and no refunds will be made. You may cancel your subscription by sending an email to billing@practiceperform.com We require 15 days advance notice before the next billing cycle begins to effect the cancellation. Cancellation does not entitle you to a refund of amounts paid.
Subscription costs may be changed by Practice Perform at any time and each renewal of your subscription will be at the then standard renewal cost for the period that you originally selected when you subscribed.
Notices; Modification and Termination of Services
Practice Perform reserves the right to discontinue, suspend, terminate or change the Service, or its availability to you, at any time, for any reason, without notice. Should you breach this Agreement we will revoke your ability to use the Website and suspend your access. In such a case, no portion of your subscription payment will be refunded. Should we decide to suspend your subscription service for any reason other than breach, we will refund to you the unused portion of your subscription payment, which will be your sole and exclusive remedy upon such a suspension of service.
Advertisements and Promotions
Practice Perform may run advertisements and promotions from third parties on the Website. Your correspondence or business dealings with, or participation in promotions of, advertisers other than Practice Perform found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. Practice Perform is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Practice Perform advertisers on the Website.
Linked Sites
This Website may contain links to other resources or sites on the Internet ("Linked Sites"). You acknowledge and agree that Practice Perform is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials made available on or through any Linked Site. The links to these sites are for your convenience only, and you access them at your own risk. You further acknowledge and agree that under no circumstances will Practice Perform be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products or other resources available on any Linked Site (regardless of whether Practice Perform directly or indirectly links to such content, advertisements, products or other resources). You should direct any concerns with respect to any other website to that website's administrator or webmaster.
Linking To Our Website
We welcome links to this Website. You may establish a link to this Website, provided that the link does not state or imply any sponsorship or endorsement of your site by Practice Perform, ThePracticeLog.com, or any group or individual affiliated with Practice Perform.
Privacy and Security
These terms of use, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website. You consent to the collection, processing and storage by Practice Perform of your personal information in accordance with the terms of Practice Perform's Privacy Policy, which is available at http://www.thepracticelog.com/privacy. You agree to comply with all applicable laws and regulations, and the terms of that privacy policy, with respect to any access, use and/or submission by you of any personal information in connection with this Website.
Disclaimers of Warranties
ALL SERVICES AND CONTENT ARE PROVIDED BY PRACTICE PERFORM ON AN "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS" BASIS ONLY. YOU ASSUME ALL RISK OF LOSS OR OTHER HARM FOR THE USE THEREOF. PRACTICE PERFORM PROVIDES NO REPRESENTATIONS, CONDITIONS AND/OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT. PRACTICE PERFORM MAKES NO WARRANTY OR REPRESENTATION THAT: (A) THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) CONTENT, SERVICES, OR RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE WILL BE ACCURATE OR RELIABLE; (C) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM THIS WEBSITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (D) ANY ERRORS IN THIS WEBSITE, CONTENT OR SERVICES WILL BE CORRECTED.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PRACTICE PERFORM IS NOT LIABLE TO YOU OR ANY OTHER INDIVIDUAL OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE ARE EXPRESSLY ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES), ARISING OUT OF OR RESULTING FROM (A) USE OF AND/OR ACCESS TO, OR THE INABILITY TO USE AND/OR ACCESS THIS WEBSITE; (B) USE OF ANY CONTENT ON THIS WEBSITE OR ANY WEBSITE LINKED TO THIS WEBSITE, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS WEBSITE; (D) UNAUTHORIZED ACCESS TO, USE OF OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR IN CONNECTION WITH THE WEBSITE; OR (F) ANY OTHER MATTER RELATING TO THIS WEBSITE.
IN NO EVENT SHALL PRACTICE PERFORM.S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU FOR YOUR SUBSCRIPTION. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, ANY PROVISION OF THESE TERMS, OR ANY PRACTICE OR POLICY OF PRACTICE PERFORM, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THE WEBSITE. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Indemnification
You agree to indemnify and hold harmless Practice Perform, and our directors, officers, employees, contractors and suppliers (.Indemnified Parties.), from and against any and all claims, demands, actions, proceedings and damages, including without limitation reasonable attorneys. fees and costs, that may be incurred by any of the Indemnified Parties and that arises from or relates to your use of this site.
Assignment
Practice Perform may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.
Governing Law
This Website is created, operated and controlled by Practice Perform from its offices within the State of Colorado, U.S.A. These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of Colorado, without giving effect to any principles of conflicts of laws. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this WEBSITE shall be filed only in the state or federal courts located in the State of Colorado, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
Severability
If a provision of these Terms of Use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
No Waiver
No failure on the part of Practice Perform to enforce any part of these Terms of Use shall constitute a waiver of any of Practice Perform.s rights under these Terms of Use, whether for past or future actions on the part of any person. Neither the receipt of any funds by Practice Perform nor the reliance of any person on Practice Perform.s actions shall be deemed to constitute a waiver of any part of these Terms of Use. Only a specific, written waiver signed by an authorized representative of Practice Perform shall have any legal effect whatsoever.
Headings
The headings of the sections of the Terms of Use are inserted for convenience only and shall not constitute a part hereof or affect in any way the meaning or interpretation of the Terms of Use.
Our Details
The full name of our company is
Practice Perform, LLC.
We are registered in Colorado, USA under identification number 20101413039.
Our registered address is 123 W. Ellsworth Ave #1, Denver Colorado, 80223
Tel: +(01) 720-284-1208
You can contact us by email to info [at] practiceperform.com