Terms of Service
Welcome to Practiceprobs.com’s website (“Practiceprobs.com”, “Company”, “we” or “us”). By using Practiceprobs.com’s service (“Service”), you agree to the following terms and conditions, and any privacy policies, legal notices, or other applicable policies and guidelines that may be presented to you (collectively these “Terms of Service”) regularly. Please read the following Terms of Service carefully. If you do not want to agree to these Terms of Service it is recommended that you do not access the website.
- Acceptance of the Practiceprobs.com Terms of Service
- Your access to the Service is subject to these Terms of Service. Practiceprobs.com reserves the right to update
and change these Terms of Service from regularly without notice to you or acceptance by you. If we decide to
materially change all or part of the Practiceprobs.com Terms of Service we will, where reasonably possible, try
to give you advance reasonable notice at your email address on record. Such modified Terms of Service will become
effective upon either of the following (whichever is earlier):
- Either your continued use of the Service with actual knowledge of such modified Terms of Service.
- Or thirty (30) days from the publication of such modified Terms of Service on this page or the Practiceprobs.com website.
- Any use of any of our Practiceprobs.com fee-based subscription offerings is bound by these Terms of Service plus any additional terms and conditions that will be made available in a separate agreement agreed to by you. These additional terms become part of your agreement with Practiceprobs.com if you access the Service.
- By signifying your acceptance of these Terms of Service or making any use of the Service, you signify your acceptance of these Terms of Service in effect at the time of your use. If you are an individual acting as a representative of a corporation or other legal entity which wishes to use the Service, then you represent and agree that you have the authority to accept these Terms of Service on behalf of such corporation or other legal entity and that all provisions of these Terms of Service will bind that corporation or other legal entity as if it were named in these Terms of Service in place of you.
- Your access to the Service is subject to these Terms of Service. Practiceprobs.com reserves the right to update and change these Terms of Service from regularly without notice to you or acceptance by you. If we decide to materially change all or part of the Practiceprobs.com Terms of Service we will, where reasonably possible, try to give you advance reasonable notice at your email address on record. Such modified Terms of Service will become effective upon either of the following (whichever is earlier):
- Account information and service access
- The Service is not available to any Users suspended or removed from the Service by Practiceprobs.com.
- Practiceprobs.com reserves the right to refuse registration of, or cancel, any account or access to the Service by any User in its reasonable discretion, at any time.
- Practiceprobs.com accounts will be accessed through a User ID and password that you will create (your “Credentials”). Your Credentials are solely for your use and must not be shared with other Users. All Users must have their own account, User ID and Credentials. You agree that your Credentials and the information you provide upon registration and at all other times will be true, accurate, current, and complete (including your name and your company’s name). You are responsible for maintaining the confidentiality of your account password and for all the activities that occur in your account. You agree to immediately notify Practiceprobs.com of any unauthorized use of your account, password, Credentials, or any other breach of security. You agree that Practiceprobs.com will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your password secure.
- Except as expressly permitted by Practiceprobs.com, you agree that the Service is to be accessed only for you or your company’s own internal business purposes and not for resale or unauthorized distribution to any third party.
- If a Practiceprobs.com customer is located within the European Economic Area, the customer is the Controller with respect to the Practiceprobs.com data, and Practiceprobs.com is a Processor.
- Accuracy Practiceprobs.com does not guarantee the accuracy, integrity or quality of any Content. You agree that under no circumstances will Practiceprobs.com be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content.
- Feedback If you provide any comments, bug reports, feedback, or proposed modifications or suggestions on the Service (“Feedback”) to Practiceprobs.com, Practiceprobs.com shall have the right to use such Feedback at its discretion, including, but not limited to the incorporation of such suggested changes into the Service. You hereby grant Practiceprobs.com perpetual, irrevocable, non-exclusive license under all rights necessary to incorporate and use your Feedback for any purpose.
- Code of conduct
- Copyright infringers Practiceprobs.com does not permit copyright infringing activities through the Service and reserves the right to terminate access to the Service and remove all content submitted by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Service may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Practiceprobs.com may have at law or in equity.
- Practiceprobs.com, in its reasonable discretion may terminate your account and/or user login credentials if Practiceprobs.com believes that you have violated or acted inconsistently with the letter and spirit of these terms of service.
- You may terminate your account, this Agreement and your right to use the Service at any time and for any reason or no reason. However, if you have a separate agreement with Practiceprobs.com which has conflicting terms regarding termination, those terms shall take precedence over this Agreement.
- After cancellation or termination of your account for any reason, you will no longer have access to your account and all information and Content in your account or that you have stored on the Service may be, but is not required to be, deleted by Practiceprobs.com.
- Ownership and proprietary rights
- The Service is owned and operated by Practiceprobs.com. The visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), services, and all other elements of the Service provided by Practiceprobs.com (“Materials”) are protected by copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except as expressly authorized by Practiceprobs.com, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
- Third-party websites and services
- The Service may include links to third party web sites or services (“Linked Sites”) solely as a convenience to Users. Practiceprobs.com does not endorse any such Linked Sites or the information, material, products, or services contained on other Linked Sites or accessible through other Linked Sites. Furthermore, Practiceprobs.com makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through Linked Sites. Access and use of Linked Sites, including the information, material, products, and services on Linked Sites or available through Linked Sites, is solely at your own risk.
- Disclaimers, Warranties, and limitations of liability
- EXCEPT AS MAY BE SET FORTH IN ANY SEPARATE SIGNED AGREEMENT BY PRACTICEPROBS.COM AND YOU, THE SERVICE IS PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, AS TO THE OPERATION OF THE SERVICE, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SERVICE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PRACTICEPROBS.COM AND ITS AFFILIATES, IF ANY, DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHER, PRACTICEPROBS.COM AND ITS AFFILIATES DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER INFORMATION CONTAINED IN THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. EXCEPT AS MAY BE SET FORTH IN ANY SEPARATE SIGNED AGREEMENT BETWEEN PRACTICEPROBS.COM AND YOU, PRACTICEPROBS.COM DOES NOT WARRANT THAT THE SERVICE WILL BE AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, WILL BE SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM PRACTICEPROBS.COM OR THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
- EXCEPT AS MAY BE SET FORTH IN ANY SEPARATELY SIGNED AGREEMENT BETWEEN PRACTICEPROBS.COM AND YOU, NEITHER PRACTICEPROBS.COM NOR ITS AFFILIATES WILL BE LIABLE, UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS OR, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PRACTICEPROBS.COM’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO PRACTICEPROBS.COM FOR THE SERVICE IN THE SIX (6) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (ii) ONE HUNDRED DOLLARS ($100.00).
- You agree to indemnify and hold Practiceprobs.com, its affiliated companies, suppliers, partners, officers, contractors and employees harmless from any claim or demand made by any third party due to or arising out of (i) your actions in using the Service, (ii) a claim that you, or any third party using your Credentials, infringed any intellectual property or other right of any person or organization using the Service, or (iii) the violation of these Terms of Service by you or any third party using your Credentials. Practiceprobs.com reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. This indemnity shall not apply if a third party uses your Credentials due to an act or omission of Practiceprobs.com.
- These Terms of Service will remain in full force and effect while you use Service. Those terms that can continue to operate after you stop using the Service (including without limitation the General Terms in this Section), will survive after you stop using the Service.
- Statute of Limitations You agree that regardless of any statute of law to the contrary or any claim or cause of action arising out of or related to use of the Service or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- Notices You agree that Practiceprobs.com may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail or by posting on the website hosting the Service.
- Waiver/Severability The failure of Practiceprobs.com to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service shall remain in full force and effect.
- Assignment You may not assign your account to the Service or any rights and licenses granted hereunder and such any assignment by you will be null and void.
- Injunctive Relief You agree that breach of these provisions will cause irreparable harm and that accordingly Practiceprobs.com may seek injunctive relief in addition to any other legal remedies under these Terms of Service at law or equity.
- No third-party beneficiaries You agree that except as otherwise expressly provided for in these Terms of Service, there shall be no third-party beneficiaries to the Terms of Service.
- Choice of law/forum These Terms of Service ( including any additional terms, conditions, policies and agreements incorporated herein) are the entire agreement between Practiceprobs.com and you regarding the Service. Any dispute arising from or related to these Terms of Service shall be subject to the ruling of an applicable court of competent jurisdiction, shall be settled by binding arbitration in Louisiana with a mediator of Practiceprobs.com’s choice, and administered by the American Arbitration Association (“AAA”) and conducted by a sole arbitrator in accordance with the AAA’s Commercial Arbitration Rules. The Federal Arbitration Act, 9 U.S.C. Sec. 1-16, shall govern the arbitration to the exclusion of state laws inconsistent therewith or that would produce a different result, and any court having jurisdiction thereof may enter judgment on the award rendered by the arbitrator.