Terms and Conditions | Terms and Conditions |
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PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. This Agreement contains all of the terms and conditions between Macro Health with Mina Corp. ("Macro Health with Mina") and you ("User") and governs the use of the services offered at by the Macro Health with Mina Web site (the "Site"). By doing any search for a Course on the Site or using any other resources or information on the Site, User agrees that (I) User has read this Agreement and understands all of its contents and (II) User accepts all the terms and conditions in the Agreement. By accessing and using this Site, you are hereby agreeing to be legally bound by the terms and conditions of this User Agreement. If you do not agree with all of the following terms and conditions, please do not use this Site. We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. Please review the terms and conditions periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised terms and conditions. For your information, this page was last updated on December 10, 2007. TERMS AND CONDITIONS User agrees not to hold Macro Health with Mina (or Macro Health with Mina's agents or employees) liable for any instruction, advice or services delivered which originated through the Site.
Location of Tutors
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User Account, Password and Security OWNERSHIP OF INTELLECTUAL PROPERTY All site software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks and trade names (the "Material") are the property of Macro Health with Mina Corp. and/or its subsidiaries, affiliates, assigns, licensors or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. Macro Health with Mina hereby grants User a personal, revocable, non-perpetual, non-exclusive, non-assignable and non-transferable license to use the Site provided that User does not (i) copy, modify, create a derivative work of, reverse engineer, reverse assemble, decompile or otherwise attempt to discover any source code, (ii) modify or attempt to modify the Site in any manner or form. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party website) without the express prior written consent of Macro Health with Mina. Use of Macro Health with Mina and/or its licensors' Material is only permitted with Macro Health with Mina's express written permission. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws. INDEMNIFICATION You agree to indemnify, defend and hold harmless, Macro Health with Mina, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this agreement by you. Macro Health with Mina reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Macro Health with Mina in asserting any available defenses. DISCLAIMER AND LIMITATION OF LIABILITY THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Macro Health with Mina is not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of this Site or with respect to the information and material contained on this Site. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any material rests with you. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Macro Health with Mina, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY Macro Health with Mina OR ANY THIRD PARTY. Notwithstanding the foregoing, in no event shall Macro Health with Mina's aggregate liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by User to Macro Health with Mina, if any, in the twelve (12) month period prior to any dispute. User agrees not to hold Macro Health with Mina, Macro Health with Mina's agents and employees, officers, directors, or participants in Macro Health with Mina's affiliate Service liable for any advice or services delivered which originated through the Site or was otherwise provided by a Tutor and releases all such persons from claims, demands and damages (actual or consequential) of every kind and nature, known and unknown, disclosed and undisclosed, arising out of or in any way connected with such disputes. MISCELLANEOUS This Agreement will become effective immediately upon any use by User of the Site and shall remain effective unless terminated by either party as provided hereunder. This Agreement contains the entire understanding and supersedes all prior understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. Either party may terminate this Agreement by providing the other with written or email notice of such termination, which shall be effective immediately upon delivery of such notice to the other party. Macro Health with Mina may terminate this Agreement immediately without notice for any breach by User of this Agreement or any applicable policy of Macro Health with Mina as posted on the Site from time to time. Furthermore, Macro Health with Mina may terminate this agreement without notice to User by terminating the rights of User to use the Site. In the event of termination or expiration, the following sections shall survive: Ownership of Intellectual Property; Indemnification; Disclaimer and Limitation of Liability; Miscellaneous and Privacy Policy and Copyright Notice. If any provision of this Agreement is found to be illegal or unenforceable, the Agreement will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect. This Agreement and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the Laws of the State of New York applicable to contracts executed and performed entirely therein (without regard to any principles of conflict of laws), and jurisdiction for any court action in the State and County of New York. Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail. Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other except as provided for herein or authorized in writing by the party to be bound. PRIVACY POLICY AND COPYRIGHT NOTICE Macro Health with Mina's Privacy Policy located on the Site, as modified by Macro Health with Mina from time to time, shall govern any disclosure or use of User's personal information. Macro Health with Mina's Copyright Notice is also located on the Site and shall govern the use of the intellectual property of third parties on the Site. The terms of the Privacy Policy and the Copyright Notice are hereby incorporated by reference and you are hereby bound by such terms when using this Site. Macro Health with Mina Responsibilities Macro Health with Mina will be responsible for checking accuracy of Macro Health with Mina's billing and payment processing for online transactions. Macro Health with Mina will provide customer service to Users.
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