Terms & Privacy Policy
Parties: TheVideoCounselor is an Internet Educational Provider of online videos and a party to this Agreement. The person accessing TheVideoCounselor services (herein referred to as "you") is the other party to this Agreement. By using this site or by clicking 'I agree' to this Agreement, you signify your agreement to these terms and conditions.
Agreement, Change in Terms: By accessing TheVideoCounselor services, you agree to be bound by the terms of this Agreement. You also agree to be bound by any change in these terms, related to use of the service, which may be published on the website of TheVideoCounselor, from time to time, while you are a user of TheVideoCounselor services.
Limitation of Liability and Indemnity: You agree that TheVideoCounselor will not be liable to you, beyond the refund of your current TheVideoCounselor charges, for any direct, indirect, consequential, special or punitive damage(s) or loss(es) whatsoever you may incur in connection with the use of the TheVideoCounselor website and any of the data or other material transmitted through or residing on the TheVideoCounselor website, even if TheVideoCounselor has been advised of the possibility of such damage or loss. This includes, but is not limited to, loss of data or any other loss whatsoever resulting from delays, non-deliveries, mis-deliveries, downtime, or service interruptions of any nature whatsoever. In addition, you agree to defend and indemnify TheVideoCounselor and hold TheVideoCounselor harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys fees) relating to any acts by you or materials or information transmitted by you or any use by you of TheVideoCounselor services which leads wholly or partially to claims against TheVideoCounselor or the TheVideoCounselor website by you, by another customer or by any other person or entity. Without limiting the generality of the above paragraph, you further acknowledge and agree that:
- No Warranties; No Responsibility: TheVideoCounselor makes no warranties of any kind, whether expressed or implied, as to the availability, accuracy, or usefulness of the content of the information, products, or services it is providing. Use of any information or data obtained via TheVideoCounselor is at your own risk. TheVideoCounselor bears no responsibility for the accuracy or quality of information obtained through its services. You understand and agree that because of the nature of the website, learning and educational results may vary with individuals.
- Minors; Obscenity: You acknowledge and agree that materials are available on the Internet which may not be suitable for minors and that TheVideoCounselor is not responsible for the prevention of access to such material and resources by minors or others. You agree that you have the sole responsibility for monitoring what is available to any minors or others who may gain access to the internet through your TheVideoCounselor account.
Privacy: TheVideoCounselor will never, sell, share, or disclose to any third party any information shared with TheVideoCounselor about you. Also, TheVideoCounselor will not disclose information to outside persons or entities for the purpose of soliciting TheVideoCounselor users.
Use Restricted to Lawful Purposes; Disclosure of Member Information: You agree that you will only use TheVideoCounselor services for lawful purposes.
Refunds: Our goal is to have as near 100% uptime as is reasonably possible, but we do not guarantee any levels of service and we will not accept responsibility for any losses arising from downtime. However, if during the first 30 days of you signing this Agreement, you are unable to view, due to technical issues, the videos for which you have paid, then we offer a full refund upon your notice to us.
License to Use This Site: Upon agreeing to this Agreement, TheVideoCounselor grants you a non-exclusive, non-transferable limited license to use this site in accordance with the terms and conditions in this Agreement and as permitted via instructions on this site. You agree not to make any false or fraudulent statements in your use of or to gain access to this site. You acknowledge and agree that all content and services available on this site are protected by copyrights, moral rights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws of the United States of America and internationally. All rights not expressly granted herein are fully reserved by the TheVideoCounselor.
Commercial Use: This site is for educational use. Organizations, companies and individuals are forbidden to promote their services using this website without our express permission. You agree not to advertise to nor solicit from any other user commercial services and/or products.
Use: Except as may be explicitly permitted through this site, you agree not to save, download, cut and paste, sell, license, rent, lease, modify, distribute, copy, reproduce, pirate, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from materials, code or content on or from this site. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without our written permission is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.
Security / Password: You agree that if we issue you a password or you use your own password, you will not allow access to this site through your password by anyone other than yourself, including but not limited to, keeping such information strictly confidential, notifying the TheVideoCounselor immediately if you discover loss or access to such information by another party not under your control and supervision, and by using a password not easily guessed by a third party.
- You are liable for whatever arises (including any breach of this Agreement) if your password is used by someone else to gain access to your user account.
- You agree that you will not try to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter any executable code, contents or materials on or received via this site. You understand that such actions are likely to subject you to serious civil and criminal legal penalties and that we will pursue such penalties to the full extent of the law to protect our rights and the rights of our other licensors.
International Users: Accessing this site, and services, products or contents available on this site, except as expressly allowed through instructions and truthful statements by you in regard to use of this site, from places where their contents are illegal, is prohibited. If you choose to access this site from locations outside the United States of America, you do so knowingly on your own initiative and voluntarily at your own risk and are responsible for compliance with local laws.
Trademarks: Our own, our licensors' or other third party materials, services or products referenced on this site are common law or registered trademarks or service marks of such parties.
Legal Compliance: We may suspend or terminate this Agreement or your use immediately upon receipt of any notice which alleges you have used this site for any purpose that violates any applicable laws including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene, that may harass or assault others, that we may disclose you as a user to this site if requested by a government or law enforcement body or as a result of a subpoena or other legal action.
Cancellation at TheVideoCounselor's Discretion: TheVideoCounselor reserves the right to refuse service to anyone. TheVideoCounselor further reserves the right to deny access to, or close, any account(s) which, in TheVideoCounselor sole opinion, is (are) causing, or may cause, harm to the TheVideoCounselor server or to other systems. TheVideoCounselor will make reasonable effort to notify any user of TheVideoCounselor action, but is not bound by this agreement to do so.
Account Usage: When you sign this Agreement and pay the appropriate charge, you are entitled to an account. An individual account entitles only the named user to log in.
System Abuse: Administrative intervention required due to abuse of any of the policies in the Agreement will be billed to the user at $100 per hour.
Billing Policies; Changes: Unless you notify us to close your account, you agree that any new terms and conditions will supersede all previous representations, understanding, or agreements and shall prevail notwithstanding any variance with the terms and conditions of this Agreement and all order forms submitted. TheVideoCounselor agrees to close your account at the end of the applicable term. You agree to pay TheVideoCounselor reasonable collections expenses, including attorney and collection agency fees.
Choice of Law: You and TheVideoCounselor agree that the laws of the State of New Hampshire, U.S.A. will apply to all matters relating to this Agreement and to the services provided by TheVideoCounselor. In addition, you and TheVideoCounselor agree and consent that the courts of Merrimack County, New Hampshire, U.S.A., will have exclusive jurisdiction and be the exclusive venue for any legal actions relating to this Agreement or to the services provided hereunder.
Rights Not Waived: Failure by either you or TheVideoCounselor to insist upon compliance by the other party with the terms and conditions of this Agreement shall not constitute a waiver of any rights under this Agreement.
Partial Invalidity: If any part, term, or provision of this Agreement is determined to be invalid or unenforceable by a court, board, or tribunal of competent jurisdiction, such term or provision shall be construed in all respects as if such provision were written in a manner acceptable to said court, board, or tribunal, or, if such provision is found to be totally unacceptable to such court, board, or tribunal in any form, then as if such invalid provision were omitted altogether.
Entire Agreement: It is expressly understood that there are no oral agreements or understandings between you and TheVideoCounselor which will be deemed to extend, restrict, or otherwise supersede the exact terms of this agreement. If any provision of this Agreement fails to comply with applicable law, then this Agreement shall, without prior notice, be automatically modified to conform with the minimum requirements of any law or governmental regulation having application to or jurisdiction over the subject matter or the parties hereto. Otherwise, this Agreement and any later written changes published via TheVideoCounselor website, constitutes the entire agreement between the parties.