(The "EstimaInAction.com Website") and any other features, content, or applications offered from time to time by EstimaInAction.com in connection with the EstimaInAction.com Website (collectively, the "EstimaInAction.com Services"). The EstimaInAction.com Services are hosted in the U.S.
This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the EstimaInAction.com Services. By using the EstimaInAction.com Services, you agree to be bound by this Agreement, The term "User" refers to those persons who register to utilize our services. You are only authorized to use the EstimaInAction.com Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the EstimaInAction.com Website and discontinue use of the EstimaInAction.com Services immediately. You must read this Agreement and indicate your acceptance during the Registration process.
This Agreement includes EstimaInAction.com's policy for acceptable use of the EstimaInAction.com Services and your rights, obligations and restrictions regarding your use of the EstimaInAction.com Services and EstimaInAction.com's Privacy Policy. In order to participate in certain EstimaInAction.com Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the EstimaInAction.com Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.
EstimaInAction.com may modify this Agreement from time to time and such modification shall be effective upon posting by EstimaInAction.com on the EstimaInAction.com Website. You agree to be bound to any changes to this Agreement when you use the EstimaInAction.com Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
EstimaInAction.com reserves the right, in its sole discretion, to terminate your access to all or any part of the EstimaInAction.com Services at any time, for any or no reason, with or without prior notice, and without liability.
Eligibility - Use of EstimaInAction.com Services is void where prohibited. Children are not eligible to use our services, and we ask that minors (under the age of 18) not submit any personal information to us. By using the EstimaInAction.com Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the EstimaInAction.com Services does not violate any applicable law or regulation. As per the Children's Online Privacy Protection Act, any information we receive from people we believe to be under the age of 18 will be purged from our database, and you hereby acknowledge that your postings may be deleted and your Membership may be terminated without warning, if we believe that you are under the age of 18.
Fees - You acknowledge that EstimaInAction.com reserves the right to charge for the EstimaInAction.com Services (If such fee (if any) is disclosed on the order form page of the EstimaInAction.com website) and to change its disclosed fees from time to time in its discretion.
Charges (If disclosed on the order form page of the EstimaInAction.com website) -
1. General. EstimaInAction.com bills you through an online account (your “Billing Account”) for use of the Service. You agree to pay EstimaInAction.com all charges at the prices then in effect for any use of the Service by you or other persons (including your agents) using your Billing Account, and you authorize EstimaInAction.com to charge your chosen payment provider (your “Payment Method”) for the Service. You agree to make payment using that selected Payment Method. EstimaInAction.com reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
2. Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method (the "Payment Method Provider"). If EstimaInAction.com does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your Billing Account upon demand.
3. Free Trials and Other Promotions. Any free trial or other promotion that provides subscriber-level access to the Service must be used within the specified time of the trial.
Non-commercial Use by Members - The EstimaInAction.com Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by EstimaInAction.com Appropriate legal action will be taken for any illegal or unauthorized use of the EstimaInAction.com Services.
Copyright Policy - You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to EstimaInAction.com. You agree not to access EstimaInAction.com content through any technology or means other than the video playback pages of the Website itself, the EstimaInAction.com Embeddable Player, or other explicitly authorized means EstimaInAction.com may designate. You are hereby granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of EstimaInAction.com so long as the link does not portray any false, misleading, derogatory, or otherwise offensive matter.
Privacy - Use of the EstimaInAction.com Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
Disclaimers - Inclusion of any linked website on the EstimaInAction.com Services does not imply approval or endorsement of the linked website by EstimaInAction.com When you access these third-party sites, you do so at your own risk. EstimaInAction.com takes no responsibility for third party advertisements which are posted on this EstimaInAction.com Website or through the EstimaInAction.com Services, nor does it take any responsibility for the goods or services provided by its advertisers. EstimaInAction.com is not responsible for the conduct, whether online or offline, of any User of the EstimaInAction.com Services. EstimaInAction.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication. EstimaInAction.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software,
failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the EstimaInAction.com Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the EstimaInAction.com Services. Under no circumstances shall EstimaInAction.com be responsible for any loss or damage, including personal injury or death, resulting from use of the EstimaInAction.com Services, attendance at a EstimaInAction.com event, from any Content posted on or through the EstimaInAction.com Services, or from the conduct of any Users of the EstimaInAction.com Services, whether online or offline. The EstimaInAction.com Services are provided "AS-IS" and as available and EstimaInAction.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. You understand that this is NOT intended to provide medical advice and that the results provided to you by EstimaInAction.com are Garciates for entertainment purposes only. EstimaInAction.com cannot guarantee and does not promise any specific results from use of the EstimaInAction.com Services.
Limitation on Liability - IN NO EVENT SHALL EstimaInAction.com BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF EstimaInAction.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, EstimaInAction.com'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO EstimaInAction.com FOR THE EstimaInAction.com SERVICES DURING THE TERM OF MEMBERSHIP.
U.S. Export Controls - Software available in connection with the EstimaInAction.com Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the EstimaInAction.com Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
Binding Arbitration - If there is any dispute about or involving the EstimaInAction.com Services, you agree that all such disputes will be arbitrated according to the rules of the American Arbitration Association in New York, NY, including any dispute about the scope of this arbitration agreement, and including all questions about the types of disputes that are subject to this arbitration agreement, all of which you agree will be decided by the arbitrators, it being your intent that this arbitration agreement be broadly construed, and that the decision of the arbitrators will be final. Any issue concerning the extent to which a dispute is subject to arbitration, or concerning the applicability, interpretation, or enforceability this agreement, including any contention that all or part of this agreement is invalid or unenforceable, shall be governed by the Federal Arbitration Act and resolved by the arbitrators.
Further, you agree that in that arbitration there will be no depositions taken, and all other forms of discovery of facts will be limited to those things the arbitrators determine, in their sole discretion, to be necessary. Further, in that arbitration, (i) there shall be no award of punitive, exemplary, incidental, or consequential or other special damages, (ii) all damages claims and awards will be governed by the laws of the state of New York, and (iii) the parties will conduct the arbitration confidentially and expeditiously and will pay their own costs and expenses of arbitration, including their own attorney fees. If you are unable to afford the fee of the American Arbitration Association, you agree to notify all persons against whom you have an arbitrable claim and give them the opportunity individually and as a group to pay such fee. The proceeding and the decision shall be kept confidential by the parties. No claim may be brought as a class action, combined or consolidated with any other proceeding, nor may any proceeding be pursued in a representative capacity or on behalf of a class. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim.
Indemnity - You agree to indemnify and hold EstimaInAction.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the EstimaInAction.com Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the EstimaInAction.com Website or through the EstimaInAction.com Services causes EstimaInAction.com to be liable to another.
Return / Cancelation Policy - All sales are final. If you wish to cancel your membership, simply log in to "My Page" and follow "Cancel Subscription" link from "Update My Account" section. Cancelation will be processed immediately.
Other - This Agreement is accepted upon your use of the EstimaInAction.com Website or any of the EstimaInAction.com Services and is further affirmed by you becoming a User. This Agreement constitutes the entire agreement between you and EstimaInAction.com regarding the use of the EstimaInAction.com Services. The failure of EstimaInAction.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. EstimaInAction.com is a trademark of EstimaInAction.com, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.