ACCENTWORKS INTERNATIONALSM, LLC
ACCENTWORKS INTERNATIONAL (SM), LLC (“AI”) AND YOU (“CLIENT”) AGREE THAT THIS CONSULTATION AND TRIAL OF ONLINE SOFTWARE IS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH BELOW. BY SUBMITTING THE SIGNUP FORM FOR THIS TRIAL, CLIENT SIGNIFIES HIS/HER/ITS ASSENT TO THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE REVIEW THESE TERMS AND CONDITIONS PRIOR TO SUBMITTING THE SIGNUP FORM FOR THIS TRIAL. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT SUBMIT THE SIGNUP FORM FOR THIS TRIAL. AI RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO CHANGE, MODIFY, ADD OR REMOVE PORTIONS OF THESE TERMS AND CONDITIONS AT ANY TIME. PLEASE CHECK THESE TERMS AND CONDITIONS PERIODICALLY FOR CHANGES. CLIENT REPRESENTS THAT HE/SHE IS AT LEAST EIGHTEEN (18) YEARS OF AGE AND IF CLIENT IS AN ENTITY THE CLIENT REPRESENTATIVE USING THE INTERNET HAS THE LEGAL CAPACITY AND IS DULY AUTHORIZED TO ACT ON BEHALF OF AND BIND THE CLIENT. 1. Description of Trial: At Client’s election, AI agrees to schedule with Client a free 30-minute consultation and trial of the software used in the online program options before signup or payment of services. The trial will consist of conversation for the sole purpose of evaluation of the software. No accent reduction services will be conducted during such trial. 2. System Requirements: System requirements for the online software may be found on Skype’s web site: https://support.skype.com/en/faq/FA10328/what-are-the-system-requirements-for-skype. Client is responsible for downloading the required software. Such downloading shall be subject to the terms and conditions of the software provider (Skype) found on the provider’s web site. Client agrees to indemnify and hold AI harmless from all liabilities, claims, damages, and expenses (including reasonable attorney’s fees) occurred by AI as a result of Client’s breach of such terms and conditions. 3. Confidentiality: AI holds Client information as confidential and will not distribute Client information to any other third party or mailing lists, unless required by applicable law or court order. 4. Client Responsibilities: Each party is to have in place reasonable controls to assure timely handling of electronic data, interchange transmissions and to promptly contact the sending party for corrective action in the event of a transmission error, such as an unintelligible or garbled transmission. AI shall not be responsible for Client’s Internet Service Provider fees, connection charges, or any other fees associated with Internet connections of Client. 5. Disclaimers: AI will use reasonable efforts to assist with set-up and troubleshooting of software; however, AI is not responsible for any problems encountered during downloading or use of any third party software. Any questions or problems should be directed to the software provider’s technical support. Additionally, AI is not liable for any direct or indirect technical or system issues or consequences arising out of any third-party technologies or programs available through AI’s web site, e-mail or referred by AI. 6. WARRANTIES AND LIMITATION ON LIABILITY: AI MAKES NO WARRANTY THAT THE INFORMATION, AI’S EFFORTS OR THE PRODUCTS WILL FULFILL ANY OF CLIENT’S PARTICULAR PURPOSES OR NEEDS. AI MAKES NO WARRANTIES REGARDING THIRD PARTY SOFTWARE. AI SHALL HAVE NO LIABILITY FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, EXCEPT FOR PERSONAL INJURY CAUSED BY THE SOLE NEGLIGENCE OF AI. AI’S TOTAL LIABILITY TO CLIENT FOR ALL CAUSES SHALL BE LIMITED TO THE AMOUNTS ACTUALLY PAID BY CLIENT TO AI FOR THE PRODUCT. 7. Miscellaneous: This Agreement shall be construed and interpreted under the laws (except principles of conflicts of laws) of the Commonwealth of Virginia. The UN Convention on Contracts for the International Sale of Goods shall not be applicable and is specifically disclaimed. Any cause of action for default shall be deemed to have arisen in Virginia. No modifications or waiver of these terms and conditions shall be effective unless in writing. Any terms contained in an order that are inconsistent with these terms and conditions, as well as any other terms not expressly contained in the contract terms, are objected to, inapplicable and disclaimed. Client shall reimburse AI for all costs and expenses, including legal fees, incurred by AI in collecting damages for Client’s breach. Any judicial actions relating, directly or indirectly, to this order, the subject matter of the order, or the enforcement of any of the terms and conditions of this order, shall only be brought in the United States District Courts located in Virginia or the Virginia Circuit Courts, and to that end AI and Client consent to the exclusive jurisdiction of such courts. For purposes of any judicial actions relating, directly or indirectly, to this order, Client hereby expressly waives any objections to assertion or exercise of in personam jurisdiction over he/she/it by the United States District Courts located in Virginia and/or the Virginia Circuit Courts and Client further waives any defenses of forum non conveniens and/or sovereign immunity.