Subscription Terms of Use
LAMSTEIN CONSULTING
SUBSCRIPTION TERMS OF USE
Last Updated: July 5, 2017
Thank you for your interest in membership! The membership site is intended to help R programmers improve their technical skills and learn how to market open source projects by providing a space for questions and collaboration.
If you have any questions, don’t hesitate to reach out to us at [email protected]. Once you are ready to sign up, please review the below terms that will apply to your paid subscription to the members-only services.
The Lamstein Consulting Terms of Use [link] and Privacy Policy located at [link] and these Subscription Terms (collectively, the “Agreement”) contain the legal terms and conditions that govern your use of and access to a paid subscription of Lamstein Consulting LLC’s (“the Company,” “we,” “our”) website (“Website”). By signing up for a paid subscription for the Website, you represent that (1) you have read, understand, and agree to be bound by the Agreement, (2) you are of legal age to form a binding contract with the Company, and (3) you have the authority to enter into the Agreement personally or on behalf of the company or other organization you have named as the customer, and to bind that entity to the Agreement. In the event you are agreeing to the Agreement on behalf of a company or organization, “member,” “you,” and “your” will refer to the entity you are representing.
1. SUBSCRIPTION
A. Subscription to Services. By making the necessary payments and providing required information under these Subscription Terms, the Company will grant you access to a Member Account on the Website to one or more of the member only forums, which include, without limitation Choroplethr Support Package, R Accelerator and Profitable Portfolios. You can access the Member Account by entering your email address and the unique password that you selected. Through your Member Account, you can access a members-only forum on the Website, ask questions to the Company experts that will be answered during “office hours,” search a library of past webinars and office hour sessions by the Company, and other members-only features that the Company may add from time to time (“Subscription Services”). You may still use the Website without a subscription, but the Subscription Services will be unavailable or restricted.
B. Response Time. We aspire to obtain a quick response time for all questions presented by you within a member’s only area. As a rule of thumb, we will respond within three (3) business days, if not sooner. Your sole recourse for our failure to respond in a manner you deem timely is to cancel your subscription, which no refund shall be given except as specified within the Terms of Use.
C. No Guarantee. The Subscription Services do not guarantee an outcome, or result, including but not limited to an advanced certification, job promotion or skill set.
2. MEMBER ACCOUNTS
A. Maintaining Account. You are solely responsible for maintaining the confidentiality and security of your login and Member Account information, and you will remain responsible for all activity emanating from your Member Account, whether or not such activity was authorized by you. Any unauthorized access, use of passwords or Subscription Services, or other abuse or impermissible activity on the Website or in connection with the Subscription Services may result in immediate suspension or termination of your account. You agree to: (i) notify us immediately of any unauthorized use of any password(s) or account(s) or any other known or suspected breach of security; and (ii) report to us immediately and use reasonable efforts to stop immediately any copying or distribution of site content that is known or suspected.
B. Reservation of Rights. We reserve the right to disallow, cancel, remove, or reassign any usernames and permalinks in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend, terminate, or delete your Member Account if activities occur on that account which, in our sole discretion, would or might constitute a violation of these Subscription Terms or an infringement or violation of the rights of any third party, or of any applicable laws or regulations.
3. FEES AND CANCELLATION
A. Subscription Fees. The fees for use of the Subscription Services (the “Subscription Fees”) are described in detail in the payment summary screen of the selected member’s only package and are calculated based on the length of the subscription. Subscription Fees are refundable within the first thirty (30) days of use, and thereafter no refunds shall be given based on the cancellation of a Member Account.
B. Account Information and Payment. You agree to provide complete and accurate billing and contact information, including your legal name, email address, and any necessary billing information.
All Subscription Fees are payable in United States dollars. Subscription Fees will be processed through a form on the Company’s website that is linked to PayPal’s payment processing system as well as through Stripe payment processing system, which allows you to use most major credit cards. You are solely responsible for maintaining your account with PayPal or Stripe, if required, and reviewing the Terms of Use and Privacy Policy for PayPal for the payment service selected.
YOUR ACCOUNT IS SET TO AUTO RENEWAL AND WE MAY AUTOMATICALLY CHARGE YOU AT THE END OF THE TERM FOR THE RENEWAL PERIOD EQUAL TO THE CURRENT SUBSCRIPTION TERM, UNLESS YOU GIVE NOTICE OF NON-RENEWAL PRIOR TO EXPIRATION OF THE THEN-CURRENT SUBSCRIPTION TERM. The fees for any such renewal term shall be the same as that during the prior term unless the Company has given you notice of a fee increase, in which case the fee increase shall be effective upon renewal and thereafter.
Your account information may be used or disclosed for the business reasons outlined within the Privacy Policy. By subscribing to the Subscription Services you agree that we may contact you via email notifications. The Company shall not be responsible for any additional charges or fees assessed by a third party provider as a result of an email message.
C. Taxes and Duties. You are responsible for all taxes. The Company will charge tax when required to do so. If you are exempt from applicable taxes, you must provide the Company with an official exemption certificate or other appropriate documentation at the time of sign-up.
D. Cancellation. You may notify the Company at any time that you want to cancel your subscription for the Website. Your written termination notice should be sent to [email protected]. The termination notice will be deemed given when received by the Company.
Cancellation of your subscription includes immediate removal of access to the Subscription Services and barring of further use of the members-only portions of the Website. You understand that any cancellation of your subscription may involve deletion of your data submitted to the Website, if any. The Company will not have any liability whatsoever to you for any termination or cancellation of your Member Account, including for deletion of any data.
4. LICENSE
A. License Granted Per Subscription. The Company hereby grants you a nonexclusive, nontransferable, nonassignable, revocable worldwide license (the “License”) to access and use the Subscription Services (during the term of your subscription) and the Website in accordance with the Agreement. The Company reserves the right to revoke and cancel a subscription for any reason. You hereby grant the Company a non-exclusive, non-transferable, non-sublicensable, royalty-free license to use your name and logo in press releases, marketing materials, and on www.arilamstein.com, subject to your prior approval of any such use.
B. Limitations on Use. Except for the License granted herein, all rights, title, and interest in data, formats, information, code, media, and other intellectual property, including any content authored by the Company, is owned or licensed by the Company (“Company IP”) and protected by U.S. and international copyright, trademark, service mark, patent, and/or other proprietary rights and laws. Except as expressly provided in this Agreement, nothing contained herein shall be construed as conferring to you any license or right under copyright or other intellectual property right law. No part of the Company IP may be altered, copied, photocopied, reproduced, translated, or reduced to any electronic medium or machine-readable form, in whole or in part, except as specifically provided in this Agreement.
C. Sharing. The License to use the Subscription Services, and any associated passwords, may not be shared or used by more than one individual or company. Any unauthorized access, use of passwords or the Subscription Services, or other abuse or impermissible activity on the Website or in connection with the Subscription Services may result in immediate suspension or cancellation of your Member Account. You agree to: (i) notify the Company immediately of any unauthorized use of any password(s) or account(s) or any other known or suspected breach of security; and (ii) report to the Company immediately and use reasonable efforts to stop immediately any copying or distribution of Website content that is known or suspected.
5. CHANGES TO THE SUBSCRIPTION SERVICES
The Company reserves the right at any time and for any reason to suspend, discontinue, terminate, or cease providing access to the Website or Subscription Services, or any part thereof, temporarily or permanently. In the case of any temporary or permanent suspension, discontinuation, termination, or cessation of access, the Company shall use its reasonable endeavors to notify registered users of such decision in advance.
The Company may change the features of any type of account or withdraw or introduce new features, products, or types of accounts at any time and for any reason, and may change the prices charged for any of Subscription Services from time to time. In the event of any increase in the price or material reduction in the features of your Member Account, such change(s) will be communicated to you. You will have no obligation to continue using the Website and/or the Subscription Services following any such notification, but if you do not terminate your Member Account, your continued use will constitute your acceptance of the changes.
6. RELATIONSHIP
Nothing contained in the Agreement shall be construed as creating a joint venture, partnership, agency, or employment relationship between the you and the Company, and neither you nor the Company shall have any right to bind the other or incur any obligation on the other’s behalf without the other’s prior written consent.
7. WARRANTY AND DISCLAIMER
The Company shall use reasonable efforts consistent with prevailing industry standards to maintain the Website and Subscription Services in a manner which minimizes errors and interruptions. The Website and/or Subscription Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by the Company or by third-party providers, or because of other causes beyond the Company’s reasonable control, but the Company shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. HOWEVER, THE COMPANY DOES NOT WARRANT THAT THE WEBSITE AND/OR SUBSCRIPTION SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE AND/OR SUBSCRIPTION SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE WEBSITE AND SUBSCRIPTION SERVICES ARE PROVIDED “AS IS” AND THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
8. LIMITATION OF LIABILITY
THE LIABILITY OF THE COMPANY FOR ANY AND ALL CAUSE(S) OF ACTION, REGARDLESS OF THE FORM OF ACTION (INCLUDING CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER), ARISING OUT OF OR RESULTING FROM THE PERFORMANCE OR BREACH OF THE AGREEMENT WILL IN NO EVENT EXCEED THE AVERAGE MONTHLY SUBSCRIPTION FEES CONVERTED TO AN ANNUALIZED BASIS. FURTHERMORE, THE COMPANY SHALL NOT BE LIABLE TO THE MEMBER OR TO ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FROM LOST PROFITS, LOST USE, OR ANY OTHER DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE WEBSITE SITE, SUBSCRIPTION SERVICES, OR RELATED CONTENT, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. CUSTOMER SUPPORT
The Subscription Services are provided by Lamstein Consulting LLC. All feedback, comments, requests for technical support and other communications relating to the Website and/or Subscription Services should be directed to [email protected].