PRACTICE WITH PALS TERMS AND CONDITIONS
Last updated on April 4, 2019
Practice With Pals (“Practice With Pals”) may display qualifications, reviews and ratings on a variety of service contractors, tutors, volunteers, mentors, and healthcare providers (collectively, “Service Providers”) to allow you, the user (“You,” “Yourself,” or “Your,” if possessive), the opportunity to read about the qualifications and the experiences of Service Providers for You to to select Service Providers to provide services for yourself, your child or children. All products and services described in this Section, as well as any other products and services offered by Practice With Pals at any time shall be defined herein as “Service” or “Services”.
In order to use the Service, You must read and accept all of the terms and conditions in, and linked to, these terms and conditions (this “Agreement”). If you do not agree to the terms and conditions in this Agreement, please discontinue use of the Practice With Pals website. This Agreement may be modified by Practice With Pals from time to time at our sole discretion. It is important that you review this Agreement regularly for updates. In the event Practice With Pals updates or otherwise modifies this Agreement, Your continued use of the Practice With Pals website constitutes acceptance of the then-current terms and conditions for use. By accepting this Agreement, You also agree that Your use of some Practice With Pals-branded websites or other websites we operate may be governed by separate terms and conditions, agreements and privacy policies.
PRACTICE WITH PALS DOES NOT PROVIDE TUTORING OR HEALTHCARE SERVICES. IT IS IN THE SOLE DISCRETION OF THE SERVICE PROVIDER WHETHER OR NOT TO OFFER SERVICES TO YOU, AND IT IS UP TO YOU TO DECIDE WHETHER OR NOT TO ACCEPT THE SERVICE PROVIDER’S SERVICES THROUGH THE PRACTICE WITH PALS WEBSITE. ANY DECISION BY A USER TO OFFER OR ACCEPT SERVICES BY A SERVICE PROVIDER THE SERVICE PROVIDER IS CONNECTED THROUGH THE PRACTICE WITH PALS WEBSITE IS A DECISION MADE IN SUCH USER'S SOLE DISCRETION. PRACTICE WITH PALS OFFERS INFORMATION AND A METHOD TO CONNECT YOU WITH POTENTIAL SERVICE PROVIDERS, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY SERVICES VOLUNTARILY PROVIDED TO ANY YOU BY ANY SERVICE PROVIDER IDENTIFIED THROUGH THE PRACTICE WITH PALS WEBSITE.
BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL OF THE TERMS, CONDITIONS AND NOTICES CONTAINED IN THIS AGREEMENT JUST AS IF YOU HAD SIGNED THIS AGREEMENT.
1. PRACTICE WITH PALS SERVICE
Practice With Pals uses information from You to identify a Service Provider for you, and to share Your contact information with a Service Provider. Practice with Pals may also provide You with the opportunity to provide Your own reviews and ratings on the Service Providers You use.
2. REGISTRATION INFORMATION
As a condition of Your use of the Service, You agree to: (a) provide Practice With Pals with true, accurate, current and complete information as prompted by the Practice With Pals’s registration forms, when registering for or using the Service; and (b) update and maintain the truthfulness, accuracy and completeness of such information.
3. MINIMUM AGE
You must be 13 years of age or older to use the Practice With Pals website.
4. USE VOID WHERE PROHIBITED
Membership in the Service is void where prohibited.
6. SERVICE FEES
Practice With Pals Service is available free of cost to You. It is Your responsibility to negotiate service fees directly with the Service Providers for the services You engage them to provide.
9. LIMITED LICENSE TO WEBSITE
By agreeing to the terms and conditions of this Agreement, Practice With Pals grants You a limited license to access and use the information relating to and offered by the Service for Your personal decisions relating to which, if any, Service Provider you would like to contract with. Any contract with the Service Providers to provide services to you or your family must be negotiated directly with the Service Provider(s) and Practice With Pals is not responsible for the outcome or any issues or claims between You and any Service Provider you may retain to provide services. You acknowledge and agree that You will not access, reproduce, duplicate, copy, sell, re-sell, visit or otherwise exploit for any commercial, educational, or any other non-personal purpose any content provided through the Practice With Pals website, without the express written consent of Practice With Pals.
10. SUBMISSIONS OF REVIEWS
In order for You to submit Your own reviews and ratings on the Website, You acknowledge and agree that:
1. all of Your reviews and ratings will either be based upon: (i) Your actual first-hand experiences with the Service Providers You are reviewing; or (ii) as provided under Section 14 (Service Providers) below, an individual and that individual’s actual first-hand experience with a provider whereby You have the legal authority to disclose such health information and experience of such individual;
2. all of Your reviews and ratings of the Service Providers that You are rating will be accurate, truthful and complete in all respects;
3. You do not work for, own any interest in, or serve on the board of directors of, any of the Service Providers for which You submit reviews and ratings;
4. You do not work for, own any interest in or serve on the board of directors of any competitors of the Service Providers for which You submit reviews and ratings;
5. You are not in any way related (by blood, adoption, marriage, or domestic partnership, if the Service Provider is an individual) to any of the Service Providers for which You submit reviews or ratings;
6. Your name and review information will be made available to the Service Providers on which You review; and
7. Practice With Pals may redact, delete, or reject Your reviews if they do not conform with Practice With Pals’ publication criteria, which may change from time to time at Practice With Pals’ sole discretion.
11. CONFLICT RESOLUTION PROCESS
If You have a dispute with a Service Provider, it is your responsibility to negotiate resolution of such dispute directly with the Service Provider. Practice With Pals may, but is not obligated to, act as a mediator in such dispute, in Practice With Pals’ absolute and sole discretion. In no event will Practice With Pals be liable for its decision to facilitate or not facilitate resolution of any dispute between You and a Service Provider or for the outcome of such dispute resolution.
You agree that, in the event Practice With Pals elects to assist in resolution of disputes between You and the Service Provider, Practice With Pals does not waive any of its disclaimers or limitations of liability, including without limitation those set forth under Sections 14 (Service Providers), 24 (Warranty Disclaimer), and 25 (Limitation of Liability).
12. CONTENT LICENSE AND PROMOTION PLACEMENT
Practice With Pals does not claim ownership of any of the reviews, ratings, communications, information, data, text or other materials You give us (collectively, the “Content”). By providing Content for the Website, You automatically grant, and You represent and warrant that You have the right to grant, to Practice With Pals an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses of the foregoing. In addition, by providing Practice With Pals with Content, You automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content on our Website by any other party.
You understand that Practice With Pals may display, disseminate, or place Promotions near, with, or adjacent to Your Content in any form or media (whether now known or subsequently created). The manner, mode, and extent of such Promotions are subject to change at Practice With Pals’ discretion and without notice to You.
13. PUBLICATION AND DISTRIBUTION OF CONTENT
Practice With Pals does not guarantee the accuracy, integrity, quality or appropriateness of any Content transmitted to or through the Service. You acknowledge that Practice With Pals simply acts as a passive conduit and an interactive service provider for the publication and distribution of Content and for the publication and distribution of any content posted by Service Providers in response to Content (“Service Provider Content”). You understand that all Content and Service Provider Content posted on, transmitted through or linked through the Service, are the sole responsibility of the person from whom such Content originated. You understand that Practice With Pals does not control, and is not responsible for Content or Service Provider Content made available through the Service, and that by using the Service, You may be exposed to Content that is inaccurate, misleading, or offensive. You agree that You must evaluate and make Your own judgment, and bear all risks associated with, the use of any Content and Service Provider Content.
You further acknowledge that Practice With Pals has no obligation to screen, preview, monitor or approve any Content or Service Provider Content, or Content posted or submitted by any other Practice With Pals member or any Service Provider. However, Practice With Pals reserves the right, but has no obligation, to review and delete any Content that, in its sole judgment, violates the terms and conditions of this Agreement. By using the Service, You agree that it is solely YOUR RESPONSIBILITY to evaluate Your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any Content that You submit, receive, access, transmit or otherwise convey through the Service. Under no circumstances will Practice With Pals be liable in any way for any Content or Service Provider Content, including, but not limited to, any Content or Service Provider Content that contains any errors, omissions, defamatory statements, or confidential or private information (including, but not limited to, health information) or for any loss or damage of any kind incurred as a result of the use of any Content or Service Provider Content submitted, accessed, transmitted or otherwise conveyed via the Service. You waive the right to bring or assert any claim against Practice With Pals relating to Content or Service Provider Content, and release Practice With Pals from any and all liability for or relating to any Content or Service Provider Content.
14. SERVICE PROVIDERS
Practice With Pals does not endorse and is not responsible or liable for any Content, Service Provider Content, Promotions, data, advertising, products, goods or services available or unavailable from, or through, any Service Providers (which includes, but is not limited to, tutoring, health care and wellness providers). You agree that should You use or rely on such Content, Service Provider Content, Promotions, data, advertisement, products, goods or services, available or unavailable from, or through any Service Provider (which includes, but is not limited to, tutoring, health care and wellness providers), Practice With Pals is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in promotions of any Service Provider (which includes, but is not limited to, tutoring, health care and wellness providers), and any other terms, conditions, representations or warranties associated with such dealings, are between You and such Service Provider (which includes, but is not limited to, tutoring, health care and wellness providers) exclusively and do not involve Practice With Pals. You should make whatever investigation or other resources that You deem necessary or appropriate before hiring or engaging Service Providers (which includes, but is not limited to, tutoring, health care and wellness providers).
You agree that Practice With Pals is not responsible for the accessibility or unavailability of any Service Provider (which includes, but is not limited to, tutoring, health care and wellness providers) or for Your interactions and dealings with them, waive the right to bring or assert any claim against Practice With Pals relating to any interactions or dealings with any Service Provider (which includes, but is not limited to, health care and wellness providers), and release Practice With Pals from any and all liability for or relating to any interactions or dealings with Service Providers (which includes, but is not limited to, health care and wellness providers). In addition, You agree that Practice With Pals may exclude Service Providers from displaying in search results on the Practice With Pals Website for failing to meet particular Practice With Pals standards regarding Service Provider conduct. In addition, You understand that Practice With Pals may exclude Service Providers from displaying in search results on the Practice With Pals Website for failing to meet particular Practice With Pals standards regarding Service Provider conduct and performance.
Practice With Pals is not obligated to, but may, in its sole discretion, have criminal and/or financial background checks conducted on certain Service Providers. By having such background checks conducted, PRACTICE WITH PALS DOES NOT WAIVE ANY OF ITS DISCLAIMER OR LIMITATIONS OF LIABILITY, INCLUDING WITHOUT LIMITATION, THOSE SET FORTH UNDER THIS SECTION, SECTION 24 (WARRANTY DISCLAIMER), OR SECTION 25 (LIMITATION OF LIABILITY).
15. HEALTH RELATED PROVIDERS
The contents of the Practice With Pals Website, such as text, graphics, images, information obtained from Practice With Pals’, and other material contained on the Practice With Pals Website (“Website Content”) are for informational purposes only. The Website Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of Your physician or other qualified health provider with any questions You may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something You have read on the Practice With Pals Website.
If You think You may have a medical emergency, call Your doctor or 911 immediately. Practice With Pals does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Website. Practice With Pals is not a health or wellness provider and cannot recommend or refer You to any health or wellness provider. Reliance on any information provided by Practice With Pals, Practice With Pals employees, others appearing on the Website at the invitation of Practice With Pals, or other visitors to the Website is solely at Your own risk.
You should be aware that if You post any health-related information about Yourself or anyone else on this Website, You do so at Your own risk. If You post Website Content about services rendered to another individual, You represent that You have the legal authority to receive health information about that individual and related to the Website Content from that individual’s health care providers and that You have the legal authority to further disclose such health information. If You post health-related information, You will be placing it into the public domain and it will not be protected by any federal or state laws that protect the privacy of health information. You also acknowledge that the health care or wellness provider about whom You submit Content may submit Service Provider Content that contain Your private or confidential health information in response to Content You submit. Practice With Pals is not liable for any such Service Provider Content. Please see Section 13 (Publication and Distribution of Content) above for more information about Practice With Pals’ responsibilities related to Service Provider Content. Except as otherwise provided in this Agreement, neither Practice With Pals, nor any of its users, has any legal obligation to keep Your health information confidential if You post it to this Website and it may be used for purposes that are unintended by You or Practice With Pals.
16. YOUR CONDUCT
In connection with Your use of the Service, You represent and warrant that You:
1. are above the age of thirteen (13)
2. will abide by the letter and spirit of the terms and conditions of this Agreement and all applicable local, state, national or international laws;
3. will not submit any reviews and/or testimonials that may be considered by Practice With Pals to be unlawful, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, invasive of another person’s privacy or proprietary rights, or racially, ethnically or otherwise objectionable;
4. will submit thorough and thoughtful reviews and/or testimonials of the Service Providers You review (for example, submitting a review and/or testimonial describing a service contractor as “He/She is great.” without additional commentary is not a thorough and thoughtful review);
5. will not submit reviews that comment on other users or the reviews of other users;
6. will not impersonate, or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Practice With Pals, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating;
7. will not submit reviews and/or testimonials that are encrypted or that contain viruses, Trojan horses, worms, time bombs, spiders, cancelbots, or other computer programming routines that are intended to damage, interfere with, disrupt, impair, disable or otherwise overburden our Website;
8. will not access, download or copy any information contained on our Website through artificial means (including but not limited to spiders, hacking devices, computer programs, bots or other such means);
9. will not post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
10. will not take any action that would undermine the review and rating process under the Service;
11. will not attempt to gain unauthorized access to the Service, other user accounts, or other computer systems or networks connected to the Service;
12. will not use the Service in any manner that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any material that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
13. will not use the Service in any way that could interfere with the rights of Practice With Pals or the rights of other users of the Service;
14. have sufficient rights in and to all Content that You provide, transmit or otherwise convey to Practice With Pals in connection with the Service;
15. agree not to re-sell or assign Your rights or obligations under this Agreement;
16. will not reproduce, duplicate, copy, sell, re-sell or exploit any Content;
17. will not access any Content for any commercial, educational or other purposes not related to Your personal purchasing decisions, the express written consent of Practice With Pals, which consent may be withheld by Practice With Pals in our discretion;
18. grant us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute the Content and to prepare derivative works of, or to incorporate such Content into other works, and to grant and to authorize sublicenses of the foregoing;
19. agree not to create an account or use Practice With Pals services if Your account previously has been terminated by Practice With Pals or if You previously have been banned from using the services; and
20. agree not to: impersonate any person or entity, including, but not limited to, Practice With Pals personnel, or falsely state or otherwise misrepresent Your affiliation with a person or entity; or advocate, encourage or assist any third party in doing any of the foregoing activities in this subsection.
The reviews and ratings that You provide do not reflect the views of Practice With Pals, its officers, managers, owners, employees, agents, designees or other users. In addition, Practice With Pals retains the right, in its sole discretion, to determine whether or not Your use of the Service is consistent with the terms and conditions of this Agreement. Practice With Pals may suspend, restrict or terminate Your use of the Service and to refuse any future use of all or portions of the Service if Your use breaches or fails to comply with any of the terms and conditions of this Agreement. Additionally, Practice With Pals may seek any and all other remedies available to it, including: (a) seeking injunctive relief with any court of competent jurisdiction to enjoin any breach or failure to comply with any of the terms and conditions of this Agreement; and/or (b) if damages are ascertainable, seeking damages relating to any breach or failure to comply with any of the terms and conditions of this Agreement.
17. DISCLOSURE OF INFORMATION
As Practice With Pals continues to develop its business, it might sell or buy other companies or assets or be acquired or have substantially all of its assets acquired by a third party. In such transactions, customer information generally is one of the transferred business assets. You hereby consent to the transfer of Your information as one of the transferred assets and to be used for any purpose allowed under this Agreement.
18. TERM AND TERMINATION
The term of this Agreement (“Term”) will be in effect and continue so long as You until terminated by either party in accordance with the terms of this Agreement.
Practice With Pals may, for any reason in its sole discretion, immediately terminate this Agreement, Your account, and Your access to the Service.
Termination of Your account will include removal of Your access to all offerings of the Service, may result in the deletion of all related information and files and of the Content associated with You (or any part thereof), and barring Your further use of the Service.
19. MODIFICATION OF TERMS AND CONDITIONS
Practice With Pals will have the right to modify and restate the terms and conditions of this Agreement, and such modification(s) will be effective immediately upon being posted on our Website (www.practicewithpals.com). Practice With Pals will make note of the date of the last update to the Agreement on the first page of this Agreement. You are responsible for reviewing these terms and conditions regularly. Your continued use of the Service after such modifications will be deemed to be Your conclusive acceptance of all modifications to this Agreement. If You are dissatisfied as a result of such modification(s), Your only recourse is to immediately discontinue use of the Practice With Pals website and of the Service.
20. MODIFICATION, LIMITATION AND DISCONTINUANCE OF SERVICE
Practice With Pals reserves the right at any time to limit access to, modify, change or discontinue the Service with or without notice to You and we shall not be liable to You for any such modification, suspension or discontinuance of the Service. You agree that Practice With Pals will not be liable to You or to any third party for any such limitation, modification, change, suspension or discontinuance of the Service. You agree that Practice With Pals may establish general practices, policies and limits, which may or may not be published, concerning the use of the Service, including without limitation, the time that reviews and ratings will be retained, the maximum number of reviews and ratings that may be sent from an account, the length of reviews and ratings sent, and the maximum number of times and the maximum duration for which You may access the Service in a given period of time. You agree that Practice With Pals has no responsibility or liability for the deletion or failure to store any reviews, ratings and other communications maintained or transmitted by or through the Service. You agree that Practice With Pals has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
The Service may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. Practice With Pals is not responsible for any delays, failures or other damage resulting from such problems.
22. USER FEEDBACK
Practice With Pals appreciates hearing from You, as well as our other users, and welcomes Your comments regarding our Service and/or the service provided by Service Providers. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, or materials other than those which we have specifically requested. Although we do value Your feedback on our Service, please be specific in Your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, You send us creative suggestions, ideas, drawings, concepts or other information (collectively, the “Submissions”), such Submissions will be the property of Practice With Pals. In addition, none of the Submissions will be subject to any obligations of confidentiality and Practice With Pals will not be liable for any future use or disclosure of such Submissions.
23. NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, California web users are entitled to the following specific consumer rights notice: The Services are provided by Practice With Pals. If You have any questions, concerns, or complaints regarding the Services, please contact Practice With Pals by emailing Practice With Pals at email@example.com.
California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
24. COPYRIGHT MATERIALS
Aside from user-submitted Content and Service Provider Content, all other materials and other information on the Website, including, but not limited to, all text, graphics, logos, icons, images, audio clips, downloads, data compilations and software (collectively, the “Copyright Materials”) are the exclusive property of Practice With Pals and/or its licensors and are protected by all United States and international copyright laws.
25. WARRANTY DISCLAIMER
You understand and agree that THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT PRACTICE WITH PALS ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE TIMELINESS, DELETION OF CONTENT OR FAILURE BY THE SERVICE. PRACTICE WITH PALS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (D) ANY CONTENT OR INFORMATION YOU PROVIDE OR PRACTICE WITH PALS COLLECTS WILL NOT BE DISCLOSED OR (E) ANY ERRORS IN ANY SERVICE WILL BE CORRECTED. YOU AGREE THAT USE OF THE SERVICE AND THE WEBSITE IS AT YOUR OWN RISK. In some jurisdictions, disclaimers of implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not apply to You as they relate to implied warranties.
26. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PRACTICE WITH PALS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF PRACTICE WITH PALS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SERVICE; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICE; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICE; (E) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY THROUGH THE SERVICE; (F) ANY OTHER MATTER RELATING TO THE SERVICE; (G) ANY BREACH OF THIS AGREEMENT BY PRACTICE WITH PALS OR THE FAILURE OF PRACTICE WITH PALS TO PROVIDE THE SERVICE UNDER THIS AGREEMENT OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY SERVICE PROVIDERS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to You.
You understand and agree that Your unlimited access to the Content on the Website represents a substantial portion of the value You receive from Your Practice With Pals. THEREFORE, TO THE EXTENT PRACTICE WITH PALS IS FOUND LIABLE FOR ANYTHING RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICE, PRACTICE WITH PALS’ LIABILITY FOR DAMAGES WILL NOT EXCEED ONE HUNDRED DOLLARS ($100).
You agree to indemnify, defend and hold harmless Practice With Pals, its officers, managers, owners, employees, agents, designees, volunteers, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) any violation of this Agreement by You; (b) the inaccurate or untruthful Content or other information provided by You to Practice With Pals or that You submit, transmit or otherwise make available through the Service; or (c) any intentional or willful violation of any rights of another or harm You may have caused to another. Practice With Pals will have sole control of the defense of any such damage or claim.
You agree that Practice With Pals may communicate any notices to You under this Agreement, through electronic mail or posting the notices on the Website. All notices to Practice With Pals will be provided by sending an email to firstname.lastname@example.org. Such notices will be deemed delivered upon the earlier of the verification of delivery or five (5) business days after being sent.
If You are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that Your work’s copyright or trademark has been infringed, please report Your notice of infringement to us by emailing our team at email@example.com with a written notification of claimed infringement that includes substantially the following:
1. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. identification of the copyrighted work or trademark claimed to have been infringed, or, if multiple copyrighted works or trademarks at a single online site are covered by a single notification, a representative list of such works at that site;
3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted;
5. a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and
6. a statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Practice With Pals will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
30. ENTIRE AGREEMENT
This Agreement governs Your use of the Service and constitutes the entire agreement between You and Practice With Pals. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between You and Practice With Pals regarding the subject matter contained in this Agreement. Additional terms and conditions may exist between You and third parties, including but not limited to, Service Providers and others. You represent and warrant that those third party agreements do not interfere with Your obligations and duties to Practice With Pals under this Agreement.
31. GOVERNING LAW
This Agreement and the relationship between You and Practice With Pals will be governed by the laws of the State of California, notwithstanding the choice of law provisions of the venue where any action is brought, where the violation occurred, where You may be located or any other jurisdiction. You agree and consent to the exclusive jurisdiction of the state or federal courts located in San Francisco County, California and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court, except that Practice With Pals may elect, in its sole discretion, to litigate the action in the county or state where any breach by You occurred or where You can be found. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to Your use of the Service or this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.
32. PROVISIONS REMAINING IN EFFECT
In the event Your Plan with Practice With Pals is terminated or lapses or You are no longer a user of Practice With Pals, certain provisions of this Agreement will continue to remain in effect, including, but not limited to, Sections 12, 14, 15, 17 and 24 through 31.
This Agreement may not be re-sold or assigned by You. If You assign, or try to assign, this Agreement, such assignment or attempted assignment will be void and unenforceable. It will not be considered a waiver of Practice With Pals’ rights if Practice With Pals fails to enforce any of the terms or conditions of this Agreement against You. In the event a court finds a provision in this Agreement to not be valid, You and Practice With Pals agree that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid in the Agreement. No joint venture, partnership, employment or agency relationship exists between You and Practice With Pals as a result of this Agreement or use of the Service. You acknowledge and agree that each of the Released Parties shall be an intended third party beneficiary of this Agreement.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SERVICE. BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.