Last updated, June 20, 2016
Thank you for visiting www.practicepro.cc. This website is operated by PracticePro LLC. Your access to and use of this website is subject to the following Terms of Use and all applicable laws. BY ACCESSING, USING, OR DOWNLOADING MATERIALS FROM THE PracticePro WEBSITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE PracticePro WEBSITE.
Ownership
Unless otherwise indicated, this website and its design, text, content, selection, and arrangement of elements, organization, graphics, design, compilation, and other matters related to this website (“Content”) are protected under applicable copyrights, trademarks, and other proprietary (including, but not limited to, intellectual property) laws, including without limitation those of the United States, and all Content and intellectual property rights therein are the property of PracticePro or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws.
The posting of any Content on this website does not constitute a waiver of any right in such Content. You do not acquire ownership rights to any such Content viewed through this website. Except as otherwise provided herein, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.
Permission is hereby granted to the extent necessary to lawfully access and use this website and/or information, materials, products, and/or services available on it to display and print in hard copy, portions of this website on a temporary basis and for your individual use only, provided you do not modify the materials and that you retain any and all copyright and other proprietary notices contained in the materials.
Your Obligations
In consideration of your use of the website, to make a purchase, receive information, or otherwise, you agree to provide true, accurate, current, and complete information about yourself. You agree not to make any commercial distribution, publishing, or exploitation of the PracticePro website, or any content, code, data, or materials on the website without the express prior permission of PracticePro or the applicable rights holder. You agree to use the website in a manner consistent with any and all applicable laws, rules, and regulations, including those that govern the export of technical data. You agree not to upload or transmit through the website any computer viruses, trojan horses, worms, or anything else designed to interfere with, interrupt, or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering, or change of any information, or any interference with the availability of or access to this website is strictly prohibited. PracticePro reserves all rights and remedies available to it.
Trademarks
The PracticePro logo, all product names, all page headers, all custom graphics, all button icons, all trademarks, service marks, and logos appearing on this website, unless otherwise noted, are service marks, trademarks (whether registered or not) and/or trade dress of PracticePro (the “Marks”). All other trademarks, product names, company names, logos, service marks, and/or trade dress mentioned, displayed, cited, or otherwise indicated on the website are the property of their respective owners. You are not authorized to display or use the Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks, and/or trade dress of other owners without the prior written permission of such owners. The use or misuse of the Marks or other trademarks, product names, company names, logos, service marks, and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited. Nothing contained on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the website without the written permission of the trademark owner.
Copyright and Use of Site Content
The PracticePro website and all the information it contains, or may in the future contain, including, but not limited to, articles, memoranda, bulletins, reports, press releases, opinions, text, directories, guides, photographs and illustrations, is the property of PracticePro, and is protected from unauthorized copy and dissemination by U.S. Copyright law. Nothing contained on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any copyright material displayed on the website without the written permission of PracticePro.
Intellectual Property Policy
PracticePro respects the intellectual property of third parties, and takes matters of alleged intellectual property infringement seriously. If you believe that your own work, or the work of a third party for whom you are authorized to act, is featured on the website or has been otherwise copied or made available on the website in a manner that constitutes copyright infringement, please send a notice of the alleged infringement to PracticePro including all of the following information:
- An electronic or physical signature of the intellectual property owner, or an agent authorized to act on behalf of the owner;
- A description of the work that you claim has been infringed (including the URL, location on the website, title and/or item number (if applicable) or other identifying characteristics);
- Your name, company name, address, telephone number, fax number, and e-mail address (and, if you are not the owner of the intellectual property, the name of the owner);
- A statement by you that you have a good-faith belief that the described use of the work is not authorized by the intellectual property owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the intellectual property owner or an agent authorized to act on behalf of the intellectual property owner.
Please send the notice of alleged infringement to PracticePro agent for notice of claims of intellectual property infringement by any of the following:
Attn: Niki Khoshzamir
E-mail: Niki@practicepro.cc
Mail: 2 Townsend Street #2-207, San Francisco, CA 94107
User Information
In the course of your use of the PracticePro website, you may be asked to provide certain personalized information. Our information collection and use policies with respect to the privacy of such information are provided in the PracticePro Privacy Policy. You acknowledge and agree that you are solely responsible for the accuracy and content of such information, and you agree to keep it up to date.
Indemnification
You agree to defend, indemnify, and hold PracticePro, its affiliates, and their directors, officers, representatives, employees, and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the website, your placement or transmission of any message, content, information, software, or other materials through the website, or your breach or violation of the law or of these Terms of Use. PracticePro reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with PracticePro’s defense of such claim.
Orders for Products and Services
PracticePro may make certain products available to visitors and customers of the website. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to PracticePro and its affiliates. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us.
Links to Third Party Websites
You may be able to link from the website to third party websites. You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code, or other materials which may or may not be provided by or through third party websites, even if they are owned or run by affiliates of ours. Links to third party websites do not constitute an endorsement or sponsorship by us of such websites or the information, content, products, services, advertising, code, or other materials presented on or through such websites. Any reliance on the contents of a third party website is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.
NO WARRANTIES
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS WEBSITE OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE “AS IS” AND ON AN “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEBSITE AND ANY WEBSITE WITH WHICH IT IS LINKED. WE DO NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM US WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS SITE, OR ANY SITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT. WE DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.
LIMITATION OF LIABILITY
EXCLUSION OF LIABILITY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR EMPLOYEES, AGENTS, SUPPLIERS, AND CONTRACTORS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE OR ANY WEBSITE WITH WHICH IT IS LINKED. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER BASIS.
Minors
This website is a business and commercial site. As such, it is not intended for children or minors under the age of 13 years without the permission of a parent or guardian. In addition, you must be at least 18 years of age to make a purchase on our website’s online store.
Entire Understanding
These Terms of Use (together with our Privacy Policy, both of which are expressly incorporated herein) contain the entire understanding between you and us with respect to use of this website and no representation, statement, inducement, oral or written, not contained herein shall bind any party to this agreement.
Severability and Non-Waiver
Our failure to enforce any provision of these Terms of Use will not be deemed a waiver of such provision nor of the right to enforce such provision, and a waiver by us of any right under these Terms of Use on any occasion will not in any way constitute a waiver of such right or any other right on any other occasion. In the event any provision of these Terms of Use is determined to be invalid, such invalidity will not affect the validity of the remaining portions of these Terms of Use, and the parties will substitute for the invalid provision a provision which most closely approximates the intent and economic effect of the invalid provision.
Choice of Law and Jurisdiction
These Terms of Use shall be governed by and construed in accordance with the laws of the state of California without regard to conflicts of law principles. You hereby consent and waive all objections to the exclusive jurisdiction of the federal and state courts in San Francisco, San Francisco County, California to resolve any controversy or claim of whatever nature arising out of or relating to use of this website.
Access to, or use of, this website or information, materials, products and/or services on this website may be prohibited by law in certain countries or jurisdictions. You are responsible for compliance with any applicable laws of the country from which you are accessing this website.
Termination, Modification, or Discontinuation
PracticePro may terminate, change, suspend, or discontinue any aspect of its website or the website’s services, permanently or temporarily. PracticePro may restrict, suspend, or terminate your access to its website and/or its products and services if we believe you are in breach of our Terms of Use or applicable law, or for any other reason without notice or liability. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this website.
Updates to Terms of Use
PracticePro reserves the right, at its sole discretion, to change, modify, add, or remove any portion of these Terms of Use, in whole or in part, at any time without specific notice to you. Changes to these Terms of Use will be effective when posted. Your continued use of the website and/or the products or services offered through the website after any changes to these Terms of Use are posted will be considered acceptance of those changes.
How to Contact PracticePro with Questions or Comments
If you have any questions regarding these Terms of Use, how we can improve your website experience, if you need help, or any other matter, please do not hesitate to email us at info@practicepro.cc or call us at 415.237.3703.
We enjoy hearing from you and appreciate your business.