Introduction
These Terms of Service are an agreement between PBTStream+, owned and operated by ProBound Training, and you, a user of our website and PBTStream+ products and services. Please read this agreement carefully. By using products and services available through the Site or from PBTStream, you agree to be bound by these Terms of Service as well as our Privacy Policy written below. Any new features of our products, services and website, including updates, upgrades, or new services, shall also be subject to these Terms of Service. In addition, some products and services offered through our company and website may be subject to additional terms and conditions that we publish from time to time. Your use of such services is subject to those additional terms and conditions.
THESE TERMS OF SERVICE (“TERMS”) SET FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF THE WEBSITE. BY ACCESSING, DOWNLOADING, OR USING THE WEBSITE, YOU ARE ACCEPTING THESE TERMS AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT. YOU MAY NOT ACCESS OR USE THE WEBSITE OR ACCEPT THESE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THIS AGREEMENT, DO NOT ACCESS AND/OR USE THE WEB SITE.
Our Content
Proprietary Rights
Through our website, we offer, sell, and digitally distribute videos, audiovisual combinations, music, sounds, graphics, photos, and other content, as well as sell products related to that content. We are the owner or authorized licensee of all information, materials, functions and other content contained on our website, and you acknowledge that you are only receiving a limited right to access or use this content. No content from our website may be used, reproduced, transmitted, distributed, or otherwise exploited in any way other than as part of our website. We also own any information and data collected by us from you, including without limitation any data regarding your use and viewing of our website and its content. We may use such information and data for benchmarking and other service enhancements. We will handle and treat any information we collect from you in compliance with our current Privacy Policy.
Third-Party Links
We are not responsible for the content or availability of outside websites or resources linked to or referenced on our website. We do not endorse and are not responsible or liable, directly or indirectly, for any claims that arise from your access or use of any content, advertising, products, or other materials on or available from such websites.
Your Account
If you choose to purchase a product or service offered on our website, you will be asked to create an account and will be prompted to create your own unique username and password. You must keep your account information secure. You are solely responsible and liable for all activities that occur under your password or account. You shall notify us immediately of any breach of security or unauthorized use of your password or account. You acknowledge, consent, and agree that we may preserve and disclose your account information if required to do so by law or in a good faith belief that such preservation or disclosure is reasonably necessary to comply with a legal process or to enforce these Terms of Service.
Eligibility
Age Restriction
Our website may only be used by individuals who are 18 years and older and who can form legally binding contracts under applicable law. Individuals under the age of 18 must at all times use our website only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In these cases, the supervising adult is responsible for any and all activities conducted on or through our website. You represent and warrant that you are at least 18 years old, or that you are using our website under the supervision of an adult parent or legal guardian, and that all registration information you submit is accurate and truthful. We may, in our sole discretion, refuse to offer access to or use of our website to any person or entity and change our eligibility criteria at any time. This provision is void where prohibited by law and the right to access the website is revoked in such jurisdictions.
Payment Processing
Order Fulfillment
When you input your credit card information as payment for an order, Uscreen directly and securely transmits that information to its third party payment processor, who verifies the credit card and remits the payment to us. Neither we nor Uscreen, ever store your credit card image or number. Sales and use taxes, as applicable by law, will be based on your location and our location and purchase prices are inclusive of taxes. You will be responsible for paying any applicable taxes relating to your payments and will indemnify and hold harmless ProBound Training and Uscreen from your failure to pay any and all taxes, including sales tax, based on incorrect information provided by you. If you believe you are entitled to a refund of any taxes, you are solely responsible for such determination. Uscreen also fulfills all orders for digitally distributed content by making that content available for viewing. It will inform you of the device and system requirements for accessing this content. You are responsible for completing the digital download, and for all risk of loss of the content after download. You acknowledge that the resolution and quality of the content received will depend on a number of factors, including the type of device on which it is streamed and available bandwidth. While we strive to provide a high-quality viewing experience, neither we nor Uscreen, make any guarantee as to the resolution or quality of the content. Upon receiving an order for any of our products, Uscreen will notify us so that we may fulfill the order directly.
Acceptable Use
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses our website in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser. You agree to comply with all applicable laws in your use of our website.
Unacceptable Use
You shall not:
Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the web site; remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of the web site or any content; “frame” or “mirror” any portion of the website, or link to any material other than via the homepage of the URL located at www.stream.proboundtraining.com or the URLs provided by us to you for such purposes, without our prior written authorization; use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the website; or harvest or collect information about or from users of the website without their express consent and, if such consent is provided, only pursuant to applicable law.
Warranties/Limitations of Liability
No warranties This website is provided “as is” without any representations or warranties, express or implied. PBTStream makes no representations or warranties in relation to this website or the information and materials provided on this website. Without prejudice to the generality of the foregoing paragraph, PBTStream does not warrant that: ● this website will be constantly available, or available at all; or ● the information on this website is complete, true, accurate or non-misleading. Nothing on this website constitutes, or is meant to constitute, advice of any kind. [If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.]
Limitations of liability
ProBound Training will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website: ● [to the extent that the website is provided free-of-charge, for any direct loss;] ● for any indirect, special or consequential loss; or ● for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data. These limitations of liability apply even if ProBound Training has been expressly advised of the potential loss. Exceptions Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit ProBound Training liability in respect of any: ● death or personal injury caused by ProBound Training negligence; ● fraud or fraudulent misrepresentation on the part of Hoop Dynamic ; or ● matter which it would be illegal or unlawful for ProBound Training to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Membership and Fees
Billing
Members are billed on a recurring monthly or annual basis based on the original sign-up date. .
Termination
These Terms shall take effect on the date you first access or use our website and shall continue until terminated in accordance with these Terms. You agree that we may, in our sole discretion, suspend, block, or terminate your access to all or part of our website and any content, with or without notice, for any reason. Any suspected illegal or fraudulent activity may be referred to appropriate law enforcement authorities.
Cancellation and Refund Policy
Your purchase of a product or service may or may not provide for any refund. Monthly PBTStream members can cancel at any time to end future payment obligations. Annual members can terminate within 14 days of enrollment and email [email protected] to request a full refund. Thereafter refunds are not permitted. Active members may cancel their membership through their account settings after logging in at www.stream.proboundtraining.com and will continue to receive access to their resources for the remainder of their paid membership. After membership has been terminated, members will not have access to any membership resources. Trial members must cancel before the end of the trial period if they do not wish to continue the PBTStream Membership. Trial members may cancel their subscription anytime and are not eligible for a refund.
Miscellaneous
These Terms and our Privacy Policy constitute the entire agreement between you and ProBound Training. You may not assign these Terms in whole or in part without our prior written consent, and any purported assignment in violation of this provision shall be null and void. We may assign or otherwise transfer these Terms and all rights granted hereunder in connection with any corporate reorganization, merger, or sale of all or substantially all of the assets and business to which these Terms relate. These Terms shall be binding upon and inure to the benefit of the parties hereto and their respective heirs and assigns. If any provision of these Terms is determined by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect. No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
Modifications
We reserve the right to make changes to these Terms at any time by updating this page with any such changes and indicating the effective date of those changes. You acknowledge and agree that it is your responsibility to review these Terms periodically to familiarize yourself with any modifications. By continuing to access and use our website after those changes become effective, you consent and agree to be bound by the revised Terms.
Online Commerce
Certain sections of the Site may allow you to purchase many different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the Site or on a site linked to by the Site, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly. You release us and our affiliates from any damages that you incur and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Site. Your participation, correspondence or business dealings with any third party found on or through our Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that PBTStream, owned and operated by ProBound Training shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.
Contact Us
If you have any questions or comments regarding these Terms or our Privacy Policy you can contact us at [email protected]. These Terms of Service and this Privacy Policy are effective as of June 8, 2020.