Terms of Service
** PLEASE READ THIS DOCUMENT CAREFULLY. Gary’s Class (“Gary”, “we”, “the Service”, “OrganicWeb” or “us”) offers an online training and tutorial through its website located at GarysClass.com. By registering as a member or by using the Service in any way, you accept these Terms of Service (“Agreement”), which forms a binding agreement between you and us. If you do not wish to be bound by this Agreement, do not use the Service. **
1. Who May Use the Service
AGE REQUIREMENT: You must be at least 18 years old to use the Service.
2. License to Use the Service
LICENSE: We grant you a limited, non-exclusive license to access and use the Service for your own personal, non-commercial purposes. This includes the right to view content available on the Service. This license is personal to you and may not be assigned or sublicensed to anyone else.
RESTRICTIONS: Except as expressly permitted by Gary in writing, you will not scrape, reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Service,password or any source code therein. Nor will you attempt to circumvent any of our technical measures or take any measures to interfere with or damage the Service. All rights not expressly granted by us are reserved.
What information we may collect about you;
What we use that information for; and
With whom we share that information.
REGISTRATION: To fully use the Service, you must register as a member by providing a user name, password, and valid email address. You must provide complete and accurate registration information to us and notify us if your information changes. If you are a business, government, or non-profit entity, the person whose email address is associated with the account must have the authority to bind the entity to this Agreement.
USER NAME: We encourage you to use your real name. You may not use someone else’s name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.
ACCOUNT SECURITY: You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You must not allow others to use your account credentials and you must safeguard the confidentiality of those credentials. If you are using a computer that others have access to, you must log out of your account after using the Service. If you become aware of an unauthorized access to your account, you must change your password and notify us immediately.
5. Subscriptions and Purchases
SUBSCRIPTIONS: We offer paid subscriptions. Features and prices are subject to change.
CANCELATION AND REFUNDS: Users who purchase monthly subscriptions may cancel at any time. After cancelation all purchases are final and all fees paid are non-refundable. If your account is terminated due to your breach of this Agreement you will not be refunded. If you have questions, please contact us.
RENEWALS: By default, all subscriptions are set to automatically renew for the same period of time as the original subscription. You may decline to renew at any time prior to the commencement of a renewal subscription. We reserve the right to deny subscriptions, renewals, and other purchases for any reason.
END OF SUBSCRIPTION: Your account and its content may be deleted if your subscription is not renewed.
6. Term and Termination; Account Deletion
TERM: This Agreement begins on the date you first use the Service and continues as long as you have an account with us.
ACCOUNT DELETION: Paid subscription accounts will remain active until the end of the subscription term and any renewal term.
TERMINATION FOR BREACH: We may suspend, disable, or delete your account (or any part thereof) we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we deletes your account for the foregoing reasons, you may not re-register for the Service. We may block your email address and Internet protocol address to prevent further registration.
EFFECT OF TERMINATION/ACCOUNT DELETION: Upon termination, all licenses granted by us will terminate. In the event of account deletion for any reason, content that you submitted may no longer be available. we shall not be responsible for the loss of such content.
You will indemnify, defend, and hold harmless Gary’s Class and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on the Service; or (ii) assert a violation by you of any term of this Agreement.
We reserves the right to modify the Service. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Service.
We provide the Service on an “as is” and “as available” basis. You therefore use the Service at your own risk. We expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, we make no representations or warranties:
That the Service will be permitted in your jurisdiction;
That the Service will be uninterrupted or error-free;
That the Service will meet your business or professional needs;
That we will continue to support any particular feature of the Service; or
Concerning sites and resources outside of the Service, even if linked to from the Service.
To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Service, and no warranties shall apply after such period.
9. Limitation of Liability
To the fullest extent permitted by law: (i) Gary’s Class shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses; and (ii) Our total liability to you shall not exceed the amounts paid by you to us over the one (1) month preceding your claim(s).
10. General Provisions
GOVERNING LAW: This Agreement shall be governed by the laws of Queensland, Australia, without regard to principles of conflicts of law.
DISPUTES: Any action arising out of or relating to this Agreement or your use of the Service must be commenced in the state or federal courts located in Brisbane, Queensland, Australia (and you consent to the jurisdiction of those courts).
INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by us in exercising any right hereunder will waive any further exercise of that right. Our rights and remedies hereunder are cumulative and not exclusive.
SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without our prior written consent. No third party shall have any rights hereunder.
NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from us electronically. We may provide all such communications by email or by posting them on the Service. For support-related inquiries, you may contact us. You may send notices of a legal nature to us at the following address:
OrganicWeb, P.O. Box 672, Ashgrove, 4060, Queensland, Australia
Nothing herein shall limit our right to object to subpoenas, claims, or other demands.
MODIFICATION: This Agreement may not be modified except by a revised Terms of Service posted by us on the Gary’s Class Site or a written amendment signed by an authorized representative of us. A revised Terms of Service will be effective as of the date it is posted on the our Site.
ENTIRE AGREEMENT: This Agreement incorporates the following documents by reference:
This Agreement constitutes the entire understanding between Gary’s Class and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.