Wecan International
Terms Of Service
IMPORTANT! BE SURE TO CAREFULLY READ AND UNDERSTAND ALL THE RIGHTS AND
RESTRICTIONS SET FORTH IN THIS LICENSE AGREEMENT
("AGREEMENT" OR "LICENSE AGREEMENT"). YOU MUST READ THIS LICENSE
AGREEMENT BEFORE PURCHASING, APPLYING FOR, ACCEPTING,
OR USING ANY OF THE WEBSITE CONTENT, PHYSICAL GOODS OR ANY SERVICE
OFFERED BY IMWITHJAMIE.COM (HEREINAFTER COLLECTIVELY
KNOWN AS THE "SERVICE"). IF YOU DO NOT AGREE TO THE TERMS OF THIS
LICENSE AGREEMENT, DO NOT PURCHASE, APPLY FOR,
ACCEPT, OR USE THE CONTENT, SERVICES, PHYSICAL GOODS OR THIS WEBSITE.
IF YOU REJECT THE TERMS OF THIS AGREEMENT WITHIN
THREE (3) DAYS OF PURCHASE YOU MAY REQUEST A FULL REFUND AS PROVIDED
FOR IN SECTION THREE OF THIS AGREEMENT.
1. Who We Are.
"WECAN INTERNATIONAL/FRED PRICE" is a trade name and service mark
of WECAN INTERNATIONAL/FRED PRICE Entertainment, Inc. ("WECAN
INTERNATIONAL/FRED PRICE"), a Delaware Corporation that owns and
operates the Service and the website located at the URL:
www.imwithjamie.com ("Website").
2. Definitions.
The terms "we" and "us" refer to WECAN INTERNATIONAL/FRED PRICE
Entertainment, Inc ("WECAN INTERNATIONAL/FRED PRICE") or WECAN
INTERNATIONAL/FRED PRICE ("IWJ", "imwithjamie"). The terms "you" and
"user" refer to all individuals and/or entities accessing this website
and/or using our services for any reason. The term "Content" refers to
all content provided on imwithjamie.com.
3. Refunds.
Refunds will run congruently with monthly payments. If within 60 days
for any reason you would like to request a full refund, you must
contact us with your name, receipt number and/or transaction ID via
email to GO2FRED@GMAIL.COM WECAN INTERNATIONAL/FRED PRICE. After
processing begins refunds can take up to 3 to 5 days to be credited
back to the card which was used to purchase our service(s).
4. Digital and Physical Product License.
4.1 Subject to the terms and conditions of this Agreement, WECAN
INTERNATIONAL/FRED PRICE grants to you a perpetual, nonexclusive,
non-transferable, non-sublicenseable license to: perform, display and
make derivative works of all of the elements of website(s) or
service(s) that we supply to you, including those elements that we
licensed from third parties and that we are sublicensing to you, to the
extent that you use these elements as part of the service(s) that we
are selling to you and that you do not sell, resell, trade or otherwise
give possession to any third party who is not applying the services in
your behalf without WECAN INTERNATIONAL/FRED PRICE’s prior express
written consent. Your rights under this Agreement are non-exclusive.
All rights not expressly granted herein are reserved by WECAN
INTERNATIONAL/FRED PRICE.
4.2 Subject to the terms and conditions of this Agreement, WECAN
INTERNATIONAL/FRED PRICE grants to you a perpetual, non-exclusive,
non-transferable, non-sublicensable license to perform, display and
make derivative works of all the service(s) provided within the Content
licensed to you by WECAN INTERNATIONAL/FRED PRICE, provided that such
use is only done by you and that you abide by all the terms and
conditions of this Agreement.
5. License Restrictions.
You acknowledge that WECAN INTERNATIONAL/FRED PRICE, its vendors and/or
its licensors retain all intellectual property rights ("Intellectual
Property Rights") in and to the ideas, concepts, techniques,
inventions, processes or works of authorship comprising, embodied in or
practiced in connection with the HTML code, Flash and JavaScript files
and other products or service(s) provided by WECAN INTERNATIONAL/FRED
PRICE hereunder. Except as otherwise provided in this Agreement you
shall not acquire any rights of any kind in the Box, Content, e-books,
audio/video files, documentation, trademarks, service marks, web site
templates, trade names or product names (including any 3rd party
content or services).
6. Internet Access, Web Hosting.
This Agreement does not cover services or charges for Web hosting
and/or Internet Access. You must arrange for those services and
corresponding charges through an agreement with a company that provides
Web hosting services and/or Internet Access.
7. Website Templates.
In the event that you are the original purchaser of a imwithjamie
Website, WECAN INTERNATIONAL/FRED PRICE does hereby grant you the right
to issue a license for the Templates. You may only license or assign
each individual Template one time provided that the assignee or
purchaser consents to abide by all the terms and conditions of this
Agreement. WECAN INTERNATIONAL/FRED PRICE retains all rights in the
Templates as outlined in Section 5 of this Agreement. Any license or
assignment shall be non-exclusive as to the content contained in the
Templates provided by WECAN INTERNATIONAL/FRED PRICE.
8. Modifications to Agreement.
Except as otherwise provided in this Agreement, you agree, during the
term of this Agreement, that WECAN INTERNATIONAL/FRED PRICE may: (1)
revise the terms and conditions of this Agreement; and/or (2) change
part of the services provided under this Agreement at any time. Any
such revision or change will be binding and effective thirty (30) days
after posting of the revised Agreement or change to the service(s) on
the imwithjamie.com website, or upon notification to you by e-mail or
United States mail. You agree to periodically review the
imwithjamie.com website, including the current version of this
Agreement available on the imwithjamie.com website, to be aware of any
such revisions. If you do not agree with any revision to the Agreement,
you may terminate this Agreement at any time by providing notice to
WECAN INTERNATIONAL/FRED PRICE. Notice of your termination will be
effective on receipt and processing by WECAN INTERNATIONAL/FRED PRICE.
Any fees paid by you if you terminate this Agreement are nonrefundable,
unless such termination complies with the terms of Section Three of
this agreement. By continuing to use WECAN INTERNATIONAL/FRED PRICE’s
service(s) after any revision to this License Agreement or change in
service(s), you agree to abide by and be bound by any such revisions or
changes. WECAN INTERNATIONAL/FRED PRICE is not bound by nor should you
rely on any representation by (i) any agent, representative or employee
of any third party that you may use to apply for WECAN
INTERNATIONAL/FRED PRICE's services; or in (ii) information posted on
WECAN INTERNATIONAL/FRED PRICE's website of a general informational
nature. No employee, contractor, agent or representative of WECAN
INTERNATIONAL/FRED PRICE is authorized to alter or amend the terms and
conditions of this License Agreement.
9. Age Restrictions.
You represent and warrant to WECAN INTERNATIONAL/FRED PRICE that you
are at least eighteen (18) years old and that you possess the legal
right and ability to enter into this Agreement and to use the website
and/or Content in accordance with this Agreement.
10. Ownership and Proprietary Rights.
WECAN INTERNATIONAL/FRED PRICE will own all proprietary rights in the
work WECAN INTERNATIONAL/FRED PRICE provides, including but not limited
to, the Content, it being
understood that we repurpose many of the elements from other projects
with the exception of works which we license from other sources and
sublicense to you which may include stock graphics, clip art, stock
video, stock sounds, stock photographs, and needledrop music.
11. Copyrights, Privacy and Publicity Rights.
You represent and warrant to us that you have not and will not publish
any content that infringes the copyrights, privacy or publicity of any
person in connection with your use of this Service, nor will you allow
any individual access to your password and/or Service account in order
to do the same. You further represent and warrant to us that
advertising you add to any of the Templates that we provide to you will
not violate the copyrights, privacy or publicity rights of any person.
12. Disclaimer of Warranties.
EXCEPT AS EXPRESSLY SET FORTH HEREIN THE ADVICE, SERVICES, CONTENT, AND
DVD'S ARE BEING PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND EITHER
EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO
APPLICABLE LAW, WECAN INTERNATIONAL/FRED PRICE DISCLAIMS ALL WARRANTIES
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MECHANTABILITY , FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
OR OTHER VIOLATION OF RIGHTS. WECAN INTERNATIONAL/FRED PRICE DOES NOT
WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY,
ACCURACY, OR RELIABILITY OF THE CONTENT OR BOX. TO THE EXTENT THAT
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN REPRESENTATIONS,
WARRANTIES OR GUARANTEES, SOME OF THE ABOVE
EXCLUSIONS MAY NOT APPLY TO YOU.
13. Earnings Disclaimer.
ANY AND ALL CLAIMS OR REPRESENTATIONS AS TO INCOME EARNINGS MADE DURING
CONVERSATION, BY OUR SERVICE OR CONTAINED ON THE IMWITHJAMIE WEBSITE
ARE TO BE CONSIDERED EXCEPTIONAL RESULTS AND NOT AVERAGE EARNINGS. YOUR
INDIVIDUAL RESULTS MAY VARY. THERE IS NO GUARANTEE THAT YOU WILL EARN
ANY MONEY AFTER OR DURING THE TIME YOU ATTEND CLASSES, WE COACH YOU OR
BY USING OUR SITES, TEMPLATES OR INSTRUCTIONAL MATERIALS OR DVD'S.
EXAMPLES IN THESE MATERIALS OR DVD'S ARE NOT TO BE INTERPRETED AS A
PROMISE OR GUARANTEE OF EARNINGS. EARNING POTENTIAL IS ENTIRELY
DEPENDENT ON THE PERSON USING OUR PRODUCT, IDEAS AND TECHNIQUES AND
CONDITIONS OF THE MARKETPLACE AND/OR YOURSELF. WE DO NOT PURPORT THIS
AS A "GET RICH SCHEME." ANY CLAIMS MADE OF ACTUAL EARNINGS OR EXAMPLES
OF ACTUAL RESULTS CAN BE VERIFIED UPON REQUEST. YOUR LEVEL OF SUCCESS
IN ATTAINING THE RESULTS CLAIMED IN OUR MATERIALS DEPENDS ON A VARIETY
OF FACTORS, IDEAS AND TECHNIQUES MENTIONED, YOUR FINANCES, KNOWLEDGE,
MARKET CONDITIONS AND VARIOUS SKILLS. SINCE THESE FACTORS DIFFER
ACCORDING TO INDIVIDUALS, WE CANNOT GUARANTEE YOUR SUCCESS OR INCOME
LEVEL. NOR ARE WE RESPONSIBLE FOR ANY OF YOUR ACTIONS. THERE CAN BE NO
ASSURANCE THAT ANY PRIOR SUCCESSES, OR PAST RESULTS, AS TO INCOME
EARNINGS, CAN BE USED AS AN INDICATION OF FUTURE SUCCESS OR RESULTS.
MAKING DECISIONS BASED ON ANY INFORMATION PRESENTED IN OUR PRODUCTS,
SERVICES OR WEBSITE SHOULD BE DONE ONLY WITH THE KNOWLEDGE THAT YOU
COULD EXPERIENCE SIGNIFICANT LOSSES. ALL PRODUCTS AND SERVICES SOLD ON
THIS WEBSITE ARE FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY.
14. Limitation of Liability.
YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM ACTING
ON OUR ADVICE; YOUR USE OF THIS SITE, THE TEMPLATES, AND/OR THE SERVICE
PROVIDED; DOWNLOADING OR INSTALLING ANY OF THE CONTENT OR TEMPLATES ON
TO YOUR COMPUTER DRIVE AND YOUR USE OF ANY INFORMATION CONTAINED WITHIN
THIS SITE. UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR EMPLOYEES OR
REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL OR
CONSEQUENTIAL DAMAGES EVEN IF WE OR ANY OF OUR EMPLOYEES OR
REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY IN ANY EVENT IS LIMITED TO THE AMOUNT, IF ANY,
ACTUALLY PAID FOR USE OF THE SITE OR SERVICE(S) AND YOU HEREBY RELEASE
US AND OUR EMPLOYEES AND REPRESENTATIVES FROM ANY AND ALL OBLIGATIONS,
LIABILITIES AND CLAIMSIN EXCESS OF THIS LIMITATION.
15. Indemnification.
You agree to indemnify and hold us, and our directors, officers,
employees and representatives, harmless from any and all losses
(including, but not limited to, attorney fees) resulting from any
claims that you assert, or may assert, based on or relating to your
use, or the use of any individual using your password, of this website,
the Service, and the content contained herein or within the DVD Set.You
further agree to indemnify and hold us, and our directors, officers,
employees and representatives, harmless from any and all losses
resulting from claims of third parties, including, but not limited to,
attorney fees, that result in whole or in part from violations by you,
or any individual using your password and/or the Content provided to
you pursuant to this Agreement.
16. Compliance with Law.
In using the Content and/or Service(s) provided by imwithjamie.com you
agree that you will comply with all applicable federal, state, and
local laws. We strongly recommend that you add a "copyright policy" and
file the necessary form in the U.S. Copyright Office to avoid liability
for any copyright infringement of your subscribers in accordance with
the terms of the Digital Millennium Copyright Act, 17. U.S.C.
§512, et. Seq. and http://www.copyright.gov/onlinesp/. If you
expect that children under 13 will visit your site and provide personal
information, then you will also be required to comply with the
Children’s Online Privacy Protection Act of 1998, 15 U.S.C. §
6501, et. seq.
17. Governing Law and Jurisdiction.
17.1 Governing Law. The Parties agree that this contract is made and
performed in Fairfield County, Connecticut, U.S.A. This License
Agreement shall be governed by the laws of the State of Connecticut,
without reference to conflict of law principles. The Parties agree that
the United Nations Convention on Contracts for the International Sale
of Goods shall not apply to this License Agreement.
17.2 Dispute Resolution. To the extent permitted by law, before You may
invoke any dispute resolution mechanism with respect to a dispute
involving any aspect of this License Agreement, You shall notify WECAN
INTERNATIONAL/FRED PRICE, and any other party to the dispute for the
purpose of seeking dispute resolution. If the dispute is not resolved
within sixty (60) days after the initial notice, then a party may
proceed in accordance with the following: (i) When each party to the
dispute is a Canadian or U.S. resident or organization situated or
doing business in Canada or the United States. All suits to enforce any
provision of this License Agreement or arising in connection with this
License Agreement shall be brought in the United States District Court
for the State of Connecticut or the Supreme or Civil Court in and for
Fairfield County, Connecticut. The parties agree that such courts shall
have exclusive in personam jurisdiction and venue and the parties
submit to the exclusive in personam jurisdiction and venue of such
courts. The parties further waive any right to a jury trial regarding
any action brought in connection with this License Agreement. (ii)
Where one or more parties to the dispute is not a Canadian or U.S.
resident or organization situated or doing business in Canada or the
United States. All disputes arising in connection with this License
Agreement shall be finally settled under the Rules of Conciliation and
Arbitration of the International Chamber of Commerce (ICC) as modified
as necessary to reflect the provisions herein by one or more
arbitrators. The place of arbitration shall be Fairfield County,
Connecticut USA, and the proceedings shall be conducted in English. In
cases involving a single arbiter, that single arbiter shall be
appointed by mutual agreement of the parties. If the parties fail to
agree to an arbiter within fifteen (15) days, the ICC shall choose an
arbiter knowledgeable in internet law, information security and
intellectual property law or otherwise having special qualifications in
the field, such as a lawyer, academic or judge in common law
jurisdiction. Nothing in this License Agreement will be deemed as
preventing either party from seeking injunctive relief (or any other
provisional remedy) from any court having jurisdiction over the parties
and the subject matter of this dispute as is necessary to protect
either party's name, proprietary information, trade secret, know-how or
any other intellectual property rights.
18. Force Majeure.
Except for the obligation to make payments and indemnity hereunder, all
other obligations under this Agreement shall be suspended for so long
as any party hereto is prevented from complying with the provisions
hereof by acts of God, the elements, riots, war, acts of federal,
state, local governments, agencies or courts, strikes, lock-outs,
damage to, or destruction of, or unavoidable shut-down of necessary
facilities, or other matters beyond their reasonable control
(specifically excluding, however, matters of mere financial exigency);
provided, however, that any party so prevented from complying with its
obligations hereunder shall promptly notify the other party thereof,
and shall exercise all due diligence to remove and overcome the cause
of such inability to comply as soon as practicable.
19. Non-assignment.
Except as otherwise set forth herein, your rights under this License
Agreement are not assignable or transferable. Any attempt by your
creditors to obtain an interest in your rights under this License
Agreement, whether by attachment, levy, garnishment or otherwise,
renders this License Agreement voidable at WECAN INTERNATIONAL/FRED
PRICE's option.
20. Notices.
You will mail all notices, demands or requests to WECAN
INTERNATIONAL/FRED PRICE with respect to this License Agreement in
writing to WECAN INTERNATIONAL/FRED PRICE Entertainment, Inc. Attn:
imwithjamie.com, PO BOX 4084, Monroe, CT06468.
21. Survivability.
The ownership and proprietary rights provisions set forth in this
Agreement, and any other provisions that by their sense and context the
parties intend to have survive, shall survive the termination of this
Agreement and any
obligations hereunder for any reason. This License Agreement shall be
applicable for as long as the license remains valid and you have not
breached any provision of this License Agreement.
22. Severability.
The unenforceability or invalidity of any term, provision, section or
subsections of this Agreement shall not affect the validity or
enforceability of any remaining terms, provisions, sections or
subsections of this Agreement, but such remaining terms, provisions,
sections or subsections shall be interpreted and construed in such a
manner as to carry out fully the intention of the parties hereto.
23. Interpretation.
The fact of authorship by or at the behest of a party shall not affect
the construction or interpretation of this Agreement.
24. Export.
You acknowledge and agree that you shall not import, export, or
re-export directly or indirectly, any commodity, including the Content
provided hereunder, to any country in violation of the laws and
regulations of any applicable jurisdiction. This restriction expressly
includes, but is not limited to, the export regulations of the United
States of America (the "United States"). Specifically, you shall not
download or otherwise export or re-export the Content to (i) a national
or resident of) Cuba, Iran, Iraq, Libya, Sudan, North Korea, Syria, or
Taliban controlled areas of Afghanistan or any other country where such
use is prohibited under United States export regulations, or (ii) to
anyone on the United States Treasury Department's list of Specially
Designated Nationals or the United States Commerce Department's Table
of Denial Orders. You agree to the foregoing and represent and warrant
that you are not located in, under the control of, or a national or
resident of any such country or on any such list. WECAN
INTERNATIONAL/FRED PRICE MAY BE REQUIRED BY LAW TO REPORT TO THE UNITED
STATES GOVERNMENT YOUR COMPANY NAME AND ADDRESS IF YOU ARE A NON-UNITED
STATES OR CANADA ENTITY OR INDIVIDUAL PURCHASING THE LICENSE.
25. Termination for Default.
Either party may terminate that party’s obligations hereunder in the
event the other party materially breaches any term or condition of this
Agreement and such breach is not cured within five (5) days written
notice, if involving an obligation to pay a sum of money, or thirty
(30) days of written notice, for any other breach, to the party in
breach. In such event, the terminating party shall be entitled to take
those actions permitted by law for material breach subject to the
limitations contained herein.
26. Amendments.
No amendment or other change of this Agreement shall be effective
unless and until set forth in writing and agreed to on behalf of the
parties except as otherwise provided in "7" and "8" above.
27. Current and future billings.
You do agree to the charge of $5.00 USD on the day of your account
creation and the future billing of $67.00 USD per month for the "Basic"
Membership OR $197.00 USD per month for the "Premier" Membership
starting ten days after your original purchase. Monthly payments will
start after the ten day trial period expires and your card will then be
billed according to the membership you have selected.
28. Class Registrations.
Upon registering to a weekly class from inside the members area of this
site, you agree that you are bound to attend the class on the date
registered and that missing a class or your failure to attend is NOT
the responsibility of imwithjamie.com WECAN INTERNATIONAL/FRED PRICE.
Once registered your seat in the class is reserved and no other user(s)
can then obtain your position and all registers are final (even if you
unsubscribe using the gotowebinar link sent to you from
gotowebinar.com). You understand that each class can only hold a
certain amount of seats and once those seats are filled the class will
be disabled and you will have to choose another weekly class to attend.
Classes will be held on Mon, Wed and Sun but are also at
imwithjamie.com's WECAN INTERNATIONAL/FRED PRICE discretion and can be
changed at any time. In the event that an already scheduled class has
changed date or time, you will be notified via email of the change and
you will then be able to register to a makeup class.
29. Entire Agreement
This Agreement embodies the entire agreement and understanding of the
parties and supersedes all prior agreements, representations and
understandings between the parties hereto relating to the subject
matter hereof.
Wecan International
Fred Price
710 Lincoln Road
Mchenry, Illinois 60051