Vocab Videos User Agreement

VOCABVIDEOS.COM
SUBSCRIBED SERVICES USER AGREEMENT
Last Modified: January 2009

Thank you for subscribing to the services (the "Services") offered on vocabvideos.com (the "Site") by A-List Services LLC ("A-List").  The Site Terms and Conditions and our Privacy Policy governs your use of the vocabvideos.com website (the "Site"). In addition, this User Agreement governs the Services offered on the Site.").  "You" and "your" means the subscriber of the Services and, where the subscriber of the Services is under 18 years of age, the subscriber's parent or legal guardian (for whom the parent or legal guardian will be held strictly responsible).

We request that you carefully review this User Agreement, and the Site Terms and Conditions and Privacy Policy (which shall be incorporated herein by reference).  Your registration and use of the Services constitutes your agreement to abide by the provisions of this User Agreement, the Site Terms and Conditions and the Privacy Policy.  By accepting this User Agreement, you also agree that your use of any additional or future Services offered on the Site will be governed by this User Agreement.  If you object to any portion of the Agreement, please do not proceed with your registration and do not use the Services.  This Agreement is effective upon acceptance of your registration by A-List.

Modifications

We may from time to time modify this User Agreement by posting a modified User Agreement on the Site.  Your continued use of the Services after any modification indicates your agreement to the new terms.

Registration

As part of the registration process, you will be required to select a username and password.  You are responsible for the confidentiality and use of your username and password and agree not to transfer or resell your use of or access to the Services to any third-party.  If you have reason to believe that your account with A-List is no longer secure, you must immediately notify A-List and request that your password be changed.  You are at all times solely responsible for any activities conducted through your account. 

Fees and Payments

The price you pay for the Service to which you are subscribing is stipulated at the time you register for such Service and is valid for the period for which you enrolled in the Service.  A-List reserves the right to change the price of any of its Services at any time, though any prepaid Services will remain priced at the rate charged when you initially subscribed for such Services through the completion of such prepaid Services. 

You agree to pay A-List for all fees, charges, and any applicable taxes, associated with the subscribed Services in accordance with the current rates, payment terms, and policies specified by A-List on the Site. You further acknowledge that your obligation to pay A-List all such fees, charges, and applicable taxes for the Services does not depend on usage of such Services and you will remain obligated to pay A-List for the subscribed Services regardless of whether or not the Services are actually used.

Any free trial or other promotion that provides subscriber-level access to the Service must be used within the specified time of the trial.

Termination of Services

Unless otherwise agreed, no refunds will be issued for the Services.  A-List will automatically terminate your subscription at the end of the subscription period for which you have paid.  A-List may terminate your subscription for the Services prior to the conclusion of the subscription period by sending notice to you at the email address you provided upon registration, or such other email address as you may later provide to A-List. If A-List terminates your subscription to the Services because you have breached this Agreement, you will not be entitled to any refund. All decisions regarding the termination of Services shall be made in the sole discretion of A-List. A-List is not required to provide you notice prior to terminating the Services. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.

Individual Use of Services Only

The subscribed Services are for your personal use only and may not be used by others who have not subscribed for the Services or in connection with any commercial endeavors. Without the express consent of A-List, organizations, companies, and/or businesses may not subscribe for the Services.  You agree that if you are an agent or employee of any other test preparation company, you will immediately terminate use of the Site and will not subscribe for any of the Services.

Disclaimer of Warranties and Limitation of Liability

YOU AGREE THAT YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. YOU UNDERSTAND THAT THE SITE, ITS CONTENT, AND THE PRODUCTS AND SERVICES PROVIDED BY A-LIST THROUGH OR IN CONNECTION WITH THE SITE OR OTHERWISE, ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY NATURE OR KIND.  A-LIST EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY NATURE OR KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES AND ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

A-LIST MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, NOR DOES A-LIST MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY OF THE CONTENT AND INFORMATION OBTAINED ON THE SITE OR THROUGH THE SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE OR USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. A-LIST MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

UNDER NO CIRCUMSTANCES SHALL A-LIST BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE SERVICES OR BECAUSE OF ANY INABILITY TO GAIN ACCESS TO OR USE THE SITE OR THE SERVICES OR OUT OF ANY BREACH OF ANY WARRANTY.  THESE LIMITATIONS APPLY REGARDLESS OF WHETHER A-LIST WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

To the maximum extent permitted by applicable law, you will defend, indemnify and hold harmless A-List and any of its parents, subsidiaries, affiliates, managers, officers, employees, agents, distributors, third-party providers, and licensors (and their respective directors, officers, employees, and agents) from and against all claims, liability, and expenses, including attorneys' fees and legal fees and costs, arising out of your use of the Services or the Site, or your breach of any provision of this User Agreement.

Governing Law; Venue

This User Agreement and any other agreements incorporated herein by reference are governed by the laws of the State of New York applicable to contracts made and performed in New York without regard to any applicable conflicts of law principles.  You agree to submit to the exclusive jurisdiction of the state or federal courts sitting in the State of New York in the County of New York, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Entire Agreement; Severability

This User Agreement, the Terms and Conditions and the Privacy Policy, contains the entire agreement between you and A-List regarding the Services. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.