Terms of Service/User Agreement
This is our Service Agreement which also contains billing terms for our basic and premium memberships. FAUOwlAccess (“FAUOwlAccess”) provides its services to you subject to the Terms and Conditions contained in this Service Agreement. If you visit or shop at the FAUOwlAccess websites (including, but not limited to, www.FAUOwlAccess, www.PalmBeachHighSchoolSports.com or CareToClick.com (individually or collectively, the “Website”), you accept these Terms and Conditions.
PAYMENT OBLIGATION AND CREDIT CARD AUTHORIZATION
Unless otherwise expressly stated, there are all subscription/membership fees are non-refundable.
For premium All Access Pass subscription services, your credit card will be charged for your specified service at the time of registration and will renew automatically based on the billing cycle established at sign up, until you cancel your membership. You may cancel your membership any time by contacting us through at info@fauowlaccess.com. Your membership will be set to cancel at the end of your effective billing cycle or program term.
FREE TRIAL MEMBERSHIPS AND COUPONS
FAUOwlAccess may occasionally offer promotional free trial memberships to the premium All Access Pass subscription services. Subscribers that sign up for a free trial membership will be automatically renewed at the normal subscription rate at the end of the trial period, unless the Subscriber cancels by contacting us at info@fauowlaccess.com.
Only one free trial period is allowed per subscriber. Subsequent subscriptions do not qualify for free trials.
The websites may offer coupons or other promotional offers from time to time. In these situations, a special discounted price may be applicable for a term, followed by a higher price after the initial promotional term. By subscribing, you agree that you will be responsible for all payments as specified in the offer, and you agree that FAUOwlAccess may adjust the pricing of such plans, as specified in the offer, promotional materials or coupon, without notice or other communication to you.
YOUR MEMBERSHIP ACCOUNT
If you use the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. FAUOwlAccess and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. Memberships are non-transferable. You agree to (a) maintain all equipment necessary for your access to and use of the Website; (b) maintain the security of your user identification, password, Personal Information (as defined in our Website Privacy Policy), and any other confidential information relating to your FAUOwlAccess account; (c) take responsibility for all charges resulting from use of your FAUOwlAccess account, including unauthorized use prior to your notifying FAUOwlAccess of such unauthorized use and taking the legal steps to prevent its further occurrence by contacting us to change your password; and (d) update your Personal Information (as defined in our Website Privacy Policy), including email address, as appropriate.
CONTACTING FAUOWLACCESS
You may contact us by email to help@FAUOwlAccess.com (provide your first and last name and user name; we will not open your email if it contains an attachment).
THIRD PARTY LINKS AND CONTENT
The FAUOwlAccess sites may contain images of and links to third party web sites (“Linked Sites”). The Linked Sites are not under the control of FAUOwlAccess and FAUOwlAccess is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. FAUOwlAccess is not responsible for webcasting or any other form of transmission received from any Linked Site nor is FAUOwlAccess responsible if the Linked Site is not working appropriately. FAUOwlAccess. is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by FAUOwlAccess of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.
Any dealings with third parties (including advertisers) included within the FAUOwlAccess sites or services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. FAUOwlAccess shall not be responsible or liable for any part of any such dealings or promotions. By subscribing, registering, or using any of the FAUOwlAccess sites, you agree that you indemnify FAUOwlAccess from any liability whatsoever associated with your dealings with these third parties.
DISCLAIMERS AND LIMITATION OF LIABILITY
Users of the Website (individually and collectively, “User”) expressly agree that use of the Website is at User’s sole risk. Neither FAUOwlAccess, nor its employees or Providers, warrant that the Website will be uninterrupted or error-free; nor do they warrant or make any representation regarding the use of the information provided on the Website or the results that may be obtained from the use of the information provided on the Website, or as to the accuracy, reliability, or currency of any information, content, service, or merchandise provided through the Website. FAUOwlAccess does not endorse, recommend, or sponsor and is not affiliated with any individuals or entities listed or linked to on the Website unless that fact is expressly stated. The listing of any individual or entity does not constitute a medical referral of any kind. Users are advised to exercise their own further informed review, judgment, and evaluation in the selection of any and all medical professionals and health information. THE WEBSITE IS PROVIDED BY FAUOWLACCESS ON AN “AS IS” AND “AS AVAILABLE” BASIS. FAUOWLACCESS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR INDIVIDUALS INCLUDED OR LISTED ON THE WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, FAUOWLACCESS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES SHALL FAUOWLACCESS OR PROVIDERS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THE WEBSITE OR THE USE OF THE INFORMATION OR THE RESULTS OF THE USE OF THE INFORMATION PROVIDED ON THE WEBSITE, EVEN IF FAUOWLACCESS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL FAUOWLACCESS’S LIABILITY EXCEED THE PRICE YOU PAID FOR A PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY FAUOWLACCESS, PROVIDERS OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE. Under no circumstances shall FAUOwlAccess or any other party involved in creating, producing, or distributing the Website be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Website, including but not limited to the results from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to the Website’s records, programs, or services. User acknowledges that this paragraph shall apply to all content, merchandise, and services available through the Website. In those states that do not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law.
USE RESTRICTION
The material on the All Access Pass Premium Service is for the private, non-commercial enjoyment of Subscribers only. Any other use is strictly prohibited. FAUOwlAccess and its publishing partners spend a great deal of time and money to obtain the information appearing on its web sites. Subscribers agree that they will not copy, publish, or in any way make available publicly any news, pictures, interviews, features, or any other information from FAUOwlAccess web sites, without express written permission from FAUOwlAccess . Subscribers agree that, should they do so, FAUOwlAccess reserves the right to cancel their subscription immediately without refund. Additionally, reuse of copyrighted information (pictures, interviews, features, videos, audio, etc.) will be prosecuted to the fullest extent of the law.
To prevent access by multiple users sharing one account, FAUOwlAccess reserves the right to limit access for each Subscriber to a fixed number of physical locations or machines or to a specific number of simultaneous logons. Subscriber agrees to notify FAUOwlAccess in advance if their situation calls for use of multiple machines (i.e. student worklab, library, etc.). In addition, if such a scenario exists, subscriber is responsible for logging out appropriately in order to login successfully in another location.
NOTICES
Notices by FAUOwlAccess to Subscribers may be given by means of electronic messages or by a general posting on the service. Notices by Subscribers may be given by electronic messages.
COPYRIGHTS
Copyright © FAUOwlAccess.com. 2009- 2016. All rights reserved. All materials and contents contained in the Website (including but not limited to the text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software), and the Website itself, are copyrighted materials belonging exclusively to FAUOwlAccess or its content suppliers and are protected by United States and international copyright law. FAUOwlAccess enforces its copyright interests to the fullest extent permitted under the law, and shall seek civil and criminal remedies where appropriate, including the remedies provided for under sections 501 et seq. of Title 17 of the U.S. Code. All rights are reserved.
INDEMNITY
You agree to defend, indemnify, and hold FAUOwlAccess.com and Providers harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
APPLICABLE LAW
The Website is created and controlled by FAUOwlAccess in the State of Florida. As such, the laws of the State of Florida will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. FAUOwlAccess reserves the right to make changes to its Website and these disclaimers, terms and conditions at any time. User hereby irrevocably and unconditionally consents to submit to the jurisdiction of the State of Florida for any litigation arising out of or relating to use of or purchase made through the Website (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the Florida courts and agrees not to plead or claim in any Florida court that such litigation brought therein has been brought in an inconvenient forum.
MISCELLANEOUS TERMS
In any action against us arising from the use of this Website, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney’s fees. FAUOwlAccess reserves the right to make changes to the Website, these policies, and these Terms and Conditions at any time, effective immediately upon the posting on this Website. Please check these Terms and Conditions periodically. In addition, these Terms & Conditions may be modified only by our posting of changes to these Terms & Conditions on this Website, or by signed, written agreement of both parties. Each time you access this Website, you will be deemed to have accepted any such changes. If any of these terms and conditions shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions. These Terms & Conditions are the entire agreement between you and us relating to the subject matter herein. We may assign our rights and obligations under these Terms & Conditions. These Terms & Conditions will inure to the benefit of our successors, assigns, and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms & Conditions, or to exercise any right under the Terms & Conditions, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.
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