Practice Management Sales Agreement
SOW Nutritional Systems, LLC
This Agreement (the “Agreement”) sets forth the legally binding terms between you and SOW Nutritional Systems, LLC (“SOWN,” “we” or “us”). BY CLICKING “I AGREE” BELOW, YOU AGREE TO FOLLOW AND BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT CLICK “I AGREE” BELOW.
1. Event; Materials. You are registering and purchasing an online Practice Management course administered through SOWN (the “Event”), and will receive access to materials used in connection with the Event (the “Materials”). The Event and Materials are provided for informational purposes only. SOWN does not, in any manner, provide licensing or accreditation in the field of nutrition. By agreeing to these terms, you represent and warrant to us that: (a) the information you submit is truthful and accurate; (b) you are authorized to act on behalf of the business entity that you represent; and (c) your attendance at the Event and use of the Materials will comply with this Agreement and all applicable laws and regulations.
2. User Account. To register for an Event and receive access to Materials, you must create a user account with a unique user name and password (your “Account”). You are solely responsible for maintaining the confidentiality of your user name/password combination and for all activities that occur under your Account. You agree to notify us immediately if you suspect any unauthorized use of your Account. SOWN is not responsible for any loss or damage arising from your failure to comply with these requirements.
3. SOWN’s Proprietary Rights. The Materials contain proprietary information and content owned by SOWN and/or its third-party licensors. The Materials are protected by copyright, trademark and other laws. SOWN hereby grants you a limited, non-exclusive, non-transferable, revocable, non-sublicensable license to use the Materials solely for your internal business and educational purposes at the individual office address set forth in your Account. No copies of the Materials or any portions thereof may be made by you or any person under your authority or control. You shall not share, modify or transfer the Materials. You shall not translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the Materials. You shall not include or comment on the Event or Materials in articles, presentations or similar materials without SOWN’s prior written consent.
4. Fees; Payment Terms. If you elect to pay any registration or membership fees using a credit card, you will be required to give us a valid credit card number and associated payment information, including: (a) your name as it appears on the card, (b) the credit card number, (c) the date of expiration, (d) billing address, and (e) any verification numbers or codes needed to charge your card. You hereby acknowledge and agree that, once you place an order and provide credit card information, no additional notice or consent is required before SOWN charges the credit card for all amounts due and payable.
5. Refund Policy. No refunds for the online Practice Management course will be given, however, you may cancel or quit the program and be opted out of the program at any time, effective the last day of the month written notice is received as described in section 10 (e) of this agreement.
6. Disclaimer of All Warranties. THE EVENT AND MATERIALS ARE PROVIDED ASIS AND, TO THE FULLEST EXTENT PERMITTED BY LAW, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, SOWN DOES NOT WARRANT ANY RESULTS THAT MAY BE OBTAINED BY USING INFORMATION PROVIDED IN THE EVENT OR MATERIALS, NOR DOES SOWN WARRANT THE EVENT OR MATERIALS TO BE COMPLETE OR ERROR FREE. THE EVENT AND MATERIALS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION. THE EVENT AND MATERIALS AND INFORMATION PROVIDED THEREIN ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE. THE EVENT AND MATERIALS ARE OFFERED FOR INFORMATION PURPOSES ONLY. YOUR PARTICIPATION IN THE EVENT OR USE OF THE MATERIALS DOES NOT CONSTITUTE A PHYSICIAN-PATIENT RELATIONSHIP. THE INFORMATION PROVIDED THROUGH THE EVENT AND MATERIALS ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING IT BECAUSE OF SOMETHING YOU HAVE HEARD OR READ AT AN EVENT OR IN THE MATERIALS.
7. SOWN’s Limitation of Liability. The maximum aggregate liability of SOWN in contract, tort (including negligence) or otherwise for any breach of this Agreement or any matter arising out of or in connection with this Agreement shall not exceed the total amount paid by you to SOWN during the six (6) months immediately prior to the date that the alleged breach or matter arose. YOU ACKNOWLEDGE AND AGREE THAT SOWN IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, IN CONNECTION WITH OR ARISING FROM THIS AGREEMENT. THIS LIMITATION APPLIES TO ALL POTENTIAL CLAIMS, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
8. Indemnification. You shall indemnify, defend and hold SOWN harmless from any loss, liability, damages, claims or demands (including court costs and reasonable attorney’s fees) made by any third party due to or arising out of your breach of this Agreement.
9. Governing Law and Venue. This Agreement and our relationship are governed by the laws of the State of Indiana. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Marion County, Indiana, in all disputes arising out of or relating to the use of the Site.
10. Miscellaneous. The following general legal provisions shall govern the interpretation of this Agreement:
SOW Nutritional Systems LLC 555 N. El Camino Real Ste. A-246 San Clemente, CA 92672 Info@sownutritionalsystems.com
BY CLICKING “I AGREE” BELOW, I ACKNOWLEDGE THAT I HAVE READ THIS AGREEMENT IN ITS ENTIRETY, AND THAT I UNDERSTAND AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE. I AM AUTHORIZED TO ENTER INTO THIS AGREEMENT ON BEHALF OF THE ENTITY LISTED ON THE ACCOUNT.
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Document Name: Practice Management Sales Agreement
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