WMEA June 24, 2018.
(i) “Website” collectively refers to WMEA’s websites and web pages, including, but not limited to, www.withmyexagain.com, operated by WMEA, and all Content (as defined below) and functionality available through these websites and web pages;
(ii) “Content” is used herein to refer to all content on the Website, including, without limitation, data, designs, text, files, graphics, pictures, video, information, applications, software, and other materials and their selection and arrangement;
(iii) “Services” is used herein to refer to the Website and all WMEA products and services provided on or through the Website; and
(iv) “User,” “you,” and “your” each includes any party visiting or viewing the Website or the Content, sending or supplying information to the Website or WMEA, or uploading, publishing, or displaying information on or through the Website.
- Your Use of Our Services
To access our Website, Content, and Services, you must be eighteen (18) years or older and have the requisite legal capacity, power, and authority to enter into these Terms. Our Website, Content, and Services are intended for persons over the age of eighteen (18). The Website and Content may be confusing or offensive to or inappropriate for children under the age of eighteen (18). If you do not meet the age requirement described herein, please exit our Website, even if you are accessing the Website and Content with your parent’s or legal guardian’s consent. If you continue to access our Website or Content, you expressly affirm that you are at last eighteen (18) years of age and have the legal capacity to enter into these Terms and terms and conditions of this nature.
Your use of any Content, the Website, and the Services is entirely at your own risk, and WMEA shall not be liable in any way in connection therewith. It shall be your own responsibility to ensure that any products, Services, Content, or information available through the Website meet your specific requirements.
You agree to be financially responsible for all purchases you or someone acting on your behalf makes through the Website. You agree to use the Website and to purchase the Services or products through the Website for legitimate, non-commercial purposes only. You shall not transmit through the Website any material or information which violates or infringes on the rights of others or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable as reasonably determined by us, contains injurious formulas, recipes, or instructions which encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law, rule, or regulation.
- Refusal of Service
The Services are offered subject to our acceptance of your order or request. We reserve the right to refuse service to any order, request, person, or entity without the obligation to assign any reason for doing so. No order or request is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Website, the Content, or the Services, subject to us fulfilling our previous responsibilities to you based on any prior acceptance of your payment.
- Links to Other Websites
Our the Website and/or the Content may contain links to third party websites, resources, or services that are not owned or controlled by WMEA. WMEA has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party websites or services. WMEA does not warrant the offerings or availability of any of these entities/individuals or their respective websites, products, or services. You thus acknowledge full and sole responsibility for and assume all risk in connection with your use of any such third party websites, products, contents, services, and resources.
You acknowledge and agree that WMEA shall not be responsible or liable, whether directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available through any such third party websites or services.
We strongly recommend that you read the terms and conditions and privacy policies of any third party websites or services that you may visit.
You may not create a link to the Website from another website or document without WMEA’s prior written consent.
- Access to Certain Services
In order to access certain Services, you may be required to provide personal information (such as identification, payment, or contact details) as part of a registration process. You agree that any registration information you give to WMEA will always be correct and current. You agree not to register for any User account or use the Services on behalf of any party other than yourself, unless you have the legal authority to act as an agent on behalf of another individual or entity.
You acknowledge that you are responsible for maintaining the confidentiality of passwords associated with any account or purchase order you use to access the Services. You agree that you will be solely responsible to WMEA for all activities that occur under your account or purchase order. You agree to immediately notify WMEA of any unauthorized use of your information, password, or account.
WMEA may charge for certain products and services. WMEA shall provide you notice prior to the application of such fees or any fee increases.
- Changes in Services; Denial of Access
The form and nature of the Services which WMEA provides may change from time to time without prior notice to you.
WMEA may stop providing the Services (or any features within the Services) to you or to Users generally, including by denying access to your account, at WMEA’s sole discretion and with or without prior notice.
If WMEA disables access to your account, you may be prevented from accessing your account details or any files or other Content which is contained in your account or accessible through your account. WMEA, at its sole discretion, may set fixed upper limits on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service.
- Content of the Services
You understand that all Content is the proprietary property of WMEA or its licensors, with all rights reserved. You understand that Content presented to you as part of the Services may be protected by intellectual property rights owned by WMEA, third-party individuals, or other legal entities. You are not allowed to modify, copy, distribute, frame, reproduce, republish, create derivatives based upon, download, display, post, transmit, link, sell, rent, lease, loan, or trade any Content, whether in whole or in part, without prior written permission from WMEA or the rightful Intellectual Property owner. Subject to your compliance with these Terms, you may access and use the Website and the Content and download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact.
WMEA reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse, or remove any or all Content from any Services, and, in its sole discretion, restrict suspend, or terminate your access and use of the Services, the Website, and/or the Content at any time with or without prior notice.
- Proprietary Rights
You acknowledge and agree that WMEA, or its licensors, own all legal right, title, and interest in and to the Services, including the Content and any intellectual property rights which subsist in the Services, whether registered or not. You acknowledge that the Services may contain information which is designated confidential by WMEA and that you shall not disclose such information without WMEA’s prior written consent. Nothing in these Terms gives you a right to use any of WMEA’s trade names, trademarks, service marks, logos, domain names, or other distinctive brand features. If you have been granted an explicit right to use WMEA’s intellectual property in a separate written agreement, you agree that such use shall be in compliance with that agreement. You agree that you shall not remove, obscure, or alter any proprietary rights notices, including copyright and trademark notices, which may be affixed to or contained within the Services. You agree that in using the Services, you will not use any trademark, service mark, trade name, or logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names, or logos.
- Website or Service Updates
The Website, Content, or software utilized may require automated downloads or install updates from time to time. These updates are designed to improve, enhance, and further develop the Website, Content, and Services and may take the form of bug fixes, enhanced functions, new software modules, or completely new versions. You agree to receive such updates and permit WMEA to deliver them to you as part of your use of the Services.
- No Data Rights
WMEA expressly disclaims any liability for lost or deleted Website Content or User Content. You shall not rely on WMEA for preservation of any Website Content or User Content, and you shall maintain all User Content in a separate manner. Website Content and User Content may be posted on a shared server. Given the inherent risk of the internet, and despite our best efforts, you acknowledge that there is no assurance that the Website Content or User Content will be kept confidential and there is no assurance that the Website Content will not be lost or deleted.
- No Refund Policy
All sales of our Services are final and non-refundable once Services have been rendered. All digital products are final and non-refundable once the purchase has been completed. We cannot and do not guarantee any particular outcome in connection with our Website, our Content, or our Services and products, and therefore no refunds will be issued.
- Changes to these Terms
WMEA may make changes to these Terms from time to time. When these changes are made, any new Terms will be made available to you from within or through the Website or the Services. You understand and agree that if you use the Services after the date as of which the Terms have changed and become effective, WMEA will treat your use as acceptance of such updated Terms. If the changes to these Terms materially modify our rights, we will notify you to obtain your consent either through an email or a prominent posting on the Website.
Please review our Disclaimer, which is expressly incorporated into these Terms by reference as if fully stated herein. By accessing the Website, the Content, and/or the Services, you acknowledge and agree that you have read and agree to WMEA’s Disclaimer.
- Limitation of Liability
YOU EXPRESSLY AGREE THAT UNDER NO CIRCUMSTANCES SHALL WMEA OR ANY OF ITS COACHES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF, IN CONNECTIN WITH, OR RELATED TO YOUR USE OF THE WEBSITE, THE CONTENT, OR THE SERVICES.
WMEA SHALL NOT BE LIABLE FOR ANY DAMAGES IN CONNECTION WITH OR RELATED TO: (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OR SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL, OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, OR FAILURE OF ESSENTIAL PURPOSE, WHETHER OR NOT WMEA HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES, AND WHETHER OR NOT SUCH LIABILITY RISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. IN ANY JURISDICTION WHICH DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR ANY SUCH DAMAGES, WMEA’S LIABILITY SHALL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
IN NO EVENT SHALL WMEA’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICES YOU HAVE PURCHASED FROM WMEA AND, IF NOT SUCH PURCHASE HAS BEEN MADE BY YOU, WMEA’S LIMITED TOTAL CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED A TOTAL AMOUNT OF $100.00.
You shall indemnify and hold us, as well as our officers, coaches, directors, managers, representatives, and agents, harmless from and against any and all losses, damages, settlements, costs, fees, penalties, causes of action, third party claims, expenses, and all other liabilities, including, but not limited to, attorney’s fees and legal costs, arising out of, related to, or in connection with: (i) your intentional misconduct, including, but not limited to, fraud, misrepresentation, and any other tort; (ii) your negligence and gross negligence; (iii) your violation of any applicable law, rule, regulation, or order; (iv) your use of the Website, Content, and Services; and (v) your breach of any of these Terms. You expressly agree to provide us with any such assistance, free of charge, as we may reasonably request with respect to any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
- Governing Law
These Terms and any action arising hereunder or from the breach of any provision hereof or otherwise from your access to or use of the Website, the Content, or the Services shall be governed by and construed in accordance with the laws of the State of Florida, USA, without giving effect to its conflict of law principles. You agree that the state and federal courts located in Miami-Dade County, Florida, USA, shall have exclusive jurisdiction in any dispute or litigation between you and WMEA. In any such dispute or litigation, the prevailing party shall be entitled to an award of its reasonable attorneys’ fees and court costs against the non-prevailing party, from the inception of claim through and including all trial and appellate levels and collection of judgment proceedings.
- No Waiver; Severability
- Effect of Headings
The subject headings of the paragraphs and subparagraphs contained in these Terms are included for convenience only and shall not affect the construction or interpretation of any of the provisions of these Terms.
- Notices; Contact
All notices, requests, demands, and other communications under these Terms shall be in writing and properly addressed as follows: [Contact Information].
If you have any questions or comments about these Terms, please contact us at: _______.