March 1, 2011
This User Agreement is the legally binding agreement (referred to as the "Agreement") between YOU and MTTFTW, LLC. (“COMPANY,” “our” or “us” as appropriate). BY DOWNLOADING A VIDEO FROM OUR WEBSITE OR CLICKING ON THE “I ACCEPT THE USER AGREEMENT” BOX UPON REGISTRATION AT OUR WEBSITE, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS. PLEASE REVIEW THIS AGREMENT CAREFULLY BEFORE ACCEPTING IT.
License. Subject to this Agreement, the Company grants you a limited, non-exclusive, revocable license to display, listen to, and download Content for your private use. Content (“Content”) included on our or our partner’s website, such as text, videos, documents, graphics and software, is the property of the Company and/or its licensors and suppliers and is protected by domestic and international copyright and trademark laws. The license we grant you is for non-commercial use by you only, and any sale or transfer to others, including the reproduction for the purpose of commercial distribution, is strictly prohibited. You agree not to remove, obscure, or deface any proprietary notices or labels from the Services or any Content, or modify, translate, publish, distribute, decompile, or create derivative works based on any Content. Ownership of all Content shall remain exclusively the property of the Company, and nothing contained in this Agreement shall be construed as granting or conferring any proprietary rights or interests to you.
Fees. Unless otherwise stated on our website, you must provide to us your name, billing address, e-mail address and credit card, debit card, or other account charge authorization information for the payment method that you provide to pay the periodic membership fee (the "Payment Method"). Fees paid by you for Services are not refundable. You agree that as a condition of your continued access to the Content to authorize us or our agent to charge your Payment Method the periodic membership fee applicable to your membership plan (e.g., the signup fee, if any, and 1 month, 6 months, and 12 months), in effect from time to time, on each periodic anniversary date of that plan, until your membership is canceled. For example, if you have a monthly plan and your paid membership began on June 19, your periodic anniversary date is the 19th of each month, and your Payment Method will be charged for the applicable periodic (monthly) membership fee on that date each month. Your Payment Method will be charged on the first day of the following month if the periodic anniversary date falls on a date that is not contained in your anniversary month (for example, if your paid membership started on the 31st day of a month).
If you select a six-month or twelve-month plan, your Payment Method will be charged for the applicable periodic membership fee on that date. Thereafter, your paid membership will revert to a monthly plan at the then-current monthly rate unless you opt to extend your membership for an additional six or twelve month period. You will not be provided with copies of charge slips evidencing the recurring charges of the applicable periodic membership fee. You agree to pay the applicable periodic membership fees in accordance with your Payment Method issuer agreement, if applicable. If your Payment Method is a credit or charge card (the “Payment Card”), you also authorize us to place a pending charge to your Payment Card when you sign up for membership, and prior to each subsequent periodic charge. Pending charges are used to verify your billing address and the validity of your Payment Card, are temporary (typically 3 to 7 days in length), and will not be converted into an actual charge to you. Pending charges will, however, reduce the available amount of credit on your Payment Card in the amount of $1 or less per pending charge.
Indemnification. You hereby indemnify and hold harmless the Company and its officers, employees, agents, and advisors against any and all damages, losses, liabilities, settlements, and expenses (including without limitation, costs and reasonable attorneys' fees) in connection with any claim or action that arises from your breach of this Agreement and your violation of any law or regulation.
No Warranty. THE COMPANY DOES NOT WARRANT THAT ANY CONTENT OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE USEFULLNESS OR BENEFITS OF THE CONTENT AS THEY RELATE TO YOUR PARTICULAR NEEDS, CIRCUMSTANCES, AND SKILLS. CONTENT IS PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Arbitration Required. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by final and binding arbitration in Chicago, Illinois, United States of America before a single arbitrator selected by Company. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
Assignment; Change in Control. This Agreement may may be assigned without your consent by MTTFTW to (i) a parent or subsidiary, (ii) an acquirer of its assets, or (iii) a successor by merger. Any other purported assignment shall be void.
Entire Agreement. This Agreement sets forth the entire understanding between the parties hereto and supersedes all prior agreements, arrangements, and communications, whether oral or written, with respect to the subject matter hereof. If we make a material change to this Agreement, we will notify you at least thirty (30) days before the change takes place. If you do not agree to the change, you must cancel and stop accessing the Content before the change takes place. If you do not, your continued access of the Content will be under the changed Agreement.
(C) 2011 MTTFTW, LLC. All rights reserved.