UNIVERSAL TERMS AND CONDITIONS
FOR SUBSCRIPTION TO THE SERVICES AND PRODUCTS
OF PRACTICE PROFITS, INC.
The Subscriber, hereinafter defined, represents and warrants that the Subscriber is a physician in good standing and licensed to practice the Subscriber’s medical specialty or specialties in the state or states where the Subscriber practices medicine. Practice Profits, Inc. (“Practice Profits”) will not knowingly license, through this Web site or otherwise, the use of any of its products or services, including those described in the Application and the Order Form, as those terms are hereinafter defined, of the Subscriber (“the Product”), to any person who is not a licensed physician. A physician (the “Subscriber”) may apply for license to use the Product, only by using a DVD Order Form (the “Order Form”) and an application (the “Application”) in forms thereof provided by Practice Profits, and only by agreeing to all of the terms and conditions of this agreement (“this Agreement”). If Practice Profits manufactures the Product and causes the same to be shipped to the Subscriber substantially according to the representations on this Web site and in accordance with the terms and conditions of this Agreement and substantially in accordance with the specifications in the Subscriber’s Order Form, or if the Subscriber accepts and uses the Product, then the Subscriber agrees to be bound by all of the terms and conditions of this Agreement whether or not the Subscriber formally executes such Application and/or such Order Form prepared on its behalf and upon which Practice Profits shall rely in manufacturing and delivering the Product to the Subscriber.

Accurate Information and Representations
The Subscriber agrees that the information supplied by the Subscriber in the Subscriber’s Order Form and Application is accurate and may be relied upon by Practice Profits in its customization of the Subscriber’s Product and for all other purposes in connection with its services to the Subscriber; and the Subscriber does hereby release Practice Profits from any and all responsibility or liability in customizing the Subscriber’s Product and otherwise dealing with the Subscriber in reliance upon such information. The Subscriber further agrees to reimburse Practice Profits for any expense it may incur in reproducing the Subscriber’s Product to correct or remove inaccurate information supplied by the Subscriber, and agrees that Practice Profits has the absolute right to terminate the Subscriber’s subscription if Practice Profits has reasonable grounds to suspect that information supplied by the Subscriber is inaccurate, incomplete, not current, misleading, or false.
Privacy
The privacy policy of Practice Profits can be viewed on this Web site, as it is applicable to all subscribers to its services and products. Practice Profits will not use in any way the information supplied to it by the Subscriber, in the Subscriber’s Order Form, the Subscriber’s Application, or otherwise, which will be inconsistent with the purposes and limitations provided in its privacy policy.
License Grant
Upon acceptance of the Subscriber’s Application, as shall be evidenced by the manufacture and shipment of the Product by Practice Profits, Practice Profits does hereby grant to the Subscriber a nonexclusive, nontransferable, nonassignable, and royalty-free license to use its Product, in the form of a DVD customized in accordance with the instructions specified in the Subscriber’s Application, for the sole purpose of presenting or “playing” the same, utilizing any one of many standard DVD players, upon the viewing screen of any one of many standard television monitors or other similar equipment operating in the reception area of the Subscriber’s professional office or clinic, or in a waiting room for the Subscriber’s patients there, or in other appropriate space within the premises of the Subscriber’s professional office or clinic, for viewing by the Subscriber, the Subscriber’s professional associates and staff, and the Subscriber’s patients and prospective patients.
Except for the limited license granted pursuant to the immediately preceding paragraph, the Subscriber shall have no right, title, or interest in or to the Product. The Subscriber agrees that Practice Profits shall retain all proprietary right, title, and interest, including copyright and all other intellectual property rights, in and to the Product and its content and the services provided thereby, including, without limitation, text, data, images, music, and other multimedia content. The Product is copyrighted 2005 by Practice Profits, which reserves all rights appertaining thereto. The Subscriber further agrees that under no circumstances will the Product or any part thereof (for example, copyrighted music), or any other materials copyrighted by Practice Profits, be copied, uploaded, shared, or duplicated in any manner. Practice Profits and all Products and services referenced herein are either trademarks or registered trademarks of Practice Profits.
Acceptance of the Product
The Subscriber shall have the unqualified right to return to Practice Profits, within ten (10) business days after receipt of the Product, the undamaged Product in its original storage case and to receive therefor reimbursement of the subscription fee, less only the processing costs and expenses of Practice Profits in the amount of $48.00. The Subscriber understands that because Practice Profits will have performed substantially all, if not all, of its services with respect to the Subscriber’s Product in customizing it according to the Subscriber’s specifications, and that because any Product customized for the Subscriber would not be acceptable to anyone else, Practice Profits will not, without cause, refund the Subscriber’s entire subscription fee upon such return of the Product.
The Subscriber will be presumed to have viewed and examined the Product shipped to the Subscriber by Practice Profits, and the customization thereof made pursuant to the Subscriber’s Order Form and Application, promptly following the Subscriber’s receipt thereof, and to have approved and accepted the same as being in accordance with all the representations and assertions made on this Web site and all the customization instructions of the Subscriber’s Order Form and Application unless the Subscriber shall, within ten (10) business days after the Subscriber’s receipt of the Product, (1) notify Practice Profits in writing, addressed to its offices in Gunter, Texas, by registered mail, return receipt requested, specifying each instance that the Product shipped to the Subscriber shall not be completely in accordance with all the representations and assertions made on this Web site or that the Product shall not have been customized in conformity with the Subscriber’s Order Form and Application, and (2) enclose with such letter and return to Practice Profits the Product in its original storage case.
If upon examination of any returned Product, it appears to Practice Profits that the Product shipped is not completely in accordance with all the representations and assertions made on this site or shall not have been customized in conformity with the Subscriber’s Order Form and Application, then, at the election of the Subscriber, Practice Profits will either make the necessary corrections and ship a replacement Product to the Subscriber or refund to the Subscriber the subscription fee in full.
Payment in Full of Subscription Price
The Subscriber agrees that the full purchase price for the Subscriber’s subscription shall be due and payable to Practice Profits
immediately upon the Subscriber’s acceptance of the Product. Should any balance of such price remain unpaid and any difficulty or problem of any kind arise to prevent or delay such immediate payment in full, including but not limited to the Subscriber’s bank’s or credit card company’s acceptance of the Subscriber’s check or charge or to any other cause whatsoever, whether or not such difficulty, problem or delay shall be the fault of anyone other than the Subscriber, including Practice Profits, the Subscriber agrees that the Subscriber will cooperate fully to accomplish such immediate payment in full. The Subscriber further agrees that if the Subscriber fails to pay in full any such balance due upon the Subscriber’s acceptance of the Product, the Subscriber will pay all costs and expenses of Practice Profits, including reasonable attorneys’ fees and costs, arising out of any effort by Practice Profits to collect such balance and costs and expenses, whether suit be brought or not.
Disclaimer of Warranties
Practice Profits makes no warranty with respect to the Product, expressed or implied, except as provided in this paragraph. Practice Profits warrants only the life of the Product for a period of one (1) year from the date it shall be delivered to the Subscriber, provided that the Product shall always be used by the Subscriber only for the purpose for which it is intended and that during such use it shall not be damaged, abused, or mistreated in any manner whatsoever.
Practice Profits does not warrant that the Subscriber’s use of the Product will yield any particular result or benefit to the Subscriber or to any patient, that the Subscriber’s use of the Product will produce any particular result or meet any particular expectation, or that the Subscriber’s intended use of the Product is not in any way regulated in the Subscriber’s particular state or other jurisdiction; and the limited mention here of uses, results, or characteristics that are not warranted does not imply any warranty whatsoever with respect to any other use, result, or characteristic which has not been mentioned.
The sole maximum responsibility of Practice Profits for this warranty shall be replacement of the Product with a single duplicate Product, and then only upon the Subscriber’s surrender to Practice Profits of the malfunctioning original Product. Practice Profits shall be the sole arbiter in determining whether the Product has been damaged, abused, or otherwise mistreated. If Practice Profits shall determine that the surrendered malfunctioning original Product shall fail to perform as intended by reason of damage to or abuse or mistreatment of it, Practice Profits may, at its option, replace the Product, one time only, for a relatively nominal charge not exceeding the costs of labor, materials, shipping, and handling in order to do so.
Indemnification
The Subscriber agrees not to use the Product for any purpose that is prohibited by law or by this Agreement, and the Subscriber shall indemnify and hold Practice Profits, any parent or subsidiary entity, and its affiliates, officers, directors, employees, attorneys, and agents harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with any improper use of the Product by the Subscriber or any breach by the Subscriber of any of the terms of this Agreement.
Damages, Costs, and Expenses
The specific customized copy of the Product to be manufactured by Practice Profits and shipped to the Subscriber in response to the Subscriber’s Application will have an exclusive serial number imbedded within its contents which will permit it to be identified and traced. (It may be further distinguished by other means which Practice Profits is unwilling to disclose.) In addition, every “duplicate” of the Subscriber’s customized copy which may subsequently be made by Practice Profits pursuant to any of its rights or obligations under this Agreement will have a different exclusive serial number and other distinctive identifying features. Such serial numbers and features will assist the tracing and identification of the source of any and all unauthorized copies, duplicates, or other reproductions of the Products of Practice Profits. Should the Subscriber’s copy of the Product be copied, reproduced, or otherwise duplicated in any manner, in whole or in part, for any purpose whatsoever, by the Subscriber or by any other person or entity with the knowledge and consent of the Subscriber, for any use or benefit of the Subscriber or of any other person or entity, for profit or otherwise, without the prior written consent of Practice Profits signed by its president, then Practice Profits will be conclusively presumed and deemed to have been damaged by such copying, reproduction, or duplication by at least the sum of money to be calculated by multiplying Ten Thousand Dollars by the number of copies, duplicates, or reproductions made, but such presumption shall not limit or restrict the recovery by Practice Profits of all its actual damages consequent upon any such unauthorized copying, duplication, or reproduction. The Subscriber accepts full liability for payment in full of all such damages and for payment of all costs and expenses of Practice Profits, including reasonable attorneys’ fees and costs whether suit be brought or not, arising out of any effort by Practice Profits to enjoin the making or distribution of such copies and to collect such damages and costs and expenses, which shall be due and payable by the Subscriber immediately upon the making of any such copy, reproduction, or duplication.
General
This Agreement comprises the entire agreement between the Subscriber and Practice Profits and supersedes all prior or contemporaneous negotiations, discussions, or agreements, whether written or oral, between the Subscriber and Practice Profits regarding the Product and the Subscriber’s subscription herein described.
If any clause or provision of this Agreement shall be held to be invalid or unenforceable for any reason in any court of law in which the validity of this document shall be contested (for example, some states do not allow the exclusion of implied warranties), then such invalid or unenforceable clause or provision shall be construed, as nearly as possible, to reflect the apparent intentions thereof, with all remaining clauses and provisions hereof continuing in full force and effect. Wherever and whenever permissible, this document shall be governed by Texas law and controlling United States federal law, without regard to the choice or conflict of law provisions of any jurisdiction. The Subscriber shall bring all disputes, actions, claims, or causes of action related to this Agreement or in connection with the Product only in the federal and state courts located in Dallas, Texas.
All headings preceding the several parts of this Agreement are intended for convenience only and should be disregarded for purposes of construction and otherwise.
Time shall be of the essence of this Agreement.

Practice Profits Inc.
Customer Agreement

443 Hidden Lake Blvd
Ste. 1000
Gunter Texas 75058
877-506-5200

CUSTOMER AGREEMENT Effective as of September 20, 2008, until replaced THIS DOCUMENT DESCRIBES THE TERMS AND CONDITIONS OF YOUR RECEIPT AND PAYMENT OF Practice Profits Inc. SERVICE AND IS SUBJECT TO ARBITRATION (SECTION 9). IF YOU DO NOT ACCEPT THESE TERMS, PLEASE NOTIFY US IMMEDIATELY AND WE WILL CANCEL YOUR SERVICE. IF YOU INSTEAD DECIDE TO RECEIVE OUR SERVICE, IT WILL MEAN THAT YOU ACCEPT THESE TERMS AND THEY WILL BE LEGALLY BINDING.
CONTACTING Practice Profits Inc.: You may contact us 24 hours a day, any day of the year, by sending us an email at accounts@practiceprofitsmedia.com.
If your bill for Practice Profits Inc. Service comes from a party other than Practice Profits Inc., please use the contact information provided on your bill for any questions about your Practice Profits Inc. Service. Thank you for choosing Practice Profits Inc. Practice Profits Inc. provides Web Videos for entertainment programming and Patient Education (referred to collectively as “Service”) to residents of the United States, Canada and Australia.
CUSTOMER AGREEMENT 1. OUR SERVICE These are the terms on which we will provide you Service (a) Program Choices. You must subscribe to a base package in order to receive additional Services such as premium movie services or subscriptions. All programming selections have their own rates, terms, and conditions. Information about programming is at PracticeProfitsInc.com. (b) Your Programming Changes. You may change your programming selection by notifying us. A fee may apply to such changes. (c) Our Programming Changes. Many changing considerations affect the availability, cost and quality of programming and customer demand for it. Accordingly, we must reserve the unrestricted right to change, re-arrange, add or delete our programming packages, the selections in those packages, our prices, and any other Service we offer, at any time. We will endeavor to notify you of any change that is within our reasonable control and its effective date. In most cases, this notice will be about one month in advance. You always have the right to cancel your Service, in whole or in part, if you do not accept the change. If you cancel your Service, a deactivation fee (described in Sections 2 and 5(b)) or other charges may apply. Credits, if any, to your account will be posted as described in Section 5. If you do not cancel, your continued receipt of our Service will constitute acceptance. (d) Private Viewing. We provide Service only for your commercial use. The programming may not be viewed in areas open to the public or in commercial establishments. You may not rebroadcast, transmit, or perform the programming, charge admission for its viewing, or transmit or distribute running accounts of it. You may not use any of our trademarks. We or any programming provider may prosecute violations of the foregoing against you and other responsible parties in any court of competent jurisdiction, under the rules and regulations of the Federal Communications Commission, and other applicable laws. If you circumvent or attempt to circumvent any of these conditions, you may be subject to legal action. If you notify us within 5 days, we will not charge you for any unauthorized use. Your Viewing Restrictions. It is your responsibility to impose any viewing restrictions on other clientele or guests, as you think appropriate. We are not responsible to you or anyone else based on the content of our programming. Please visit PracticeProfitsInc.com for information on controls, locks and limits, and password protection for your account (e) Change of Address. You must notify us immediately of any change in your name, mailing address, residence address or telephone number.
2. PAYMENT In return for receiving our Service, you promise to pay us as follows: (a) Programming. You will pay in advance, at our rates in effect at the time, for all Service ordered by you or anyone who uses your Receiving Equipment, with or without your permission, until the Service is canceled. The outstanding balance is due in full each month. We may, in our discretion, accept partial payments, which will be applied to the oldest outstanding statement. No “payment in full” notation or other restrictive endorsement written on your payments will restrict our ability to collect all amounts owing to us. We may reduce your Service to a minimum service level, at our rates in effect at the time, or deactivate your Service if you do not pay your statements on time, after any applicable grace period. (b) Taxes. You will pay all taxes or other governmental fees and charges, if any, which are assessed (c) Administrative Fees. In order to control the basic charges, which apply to all customers, we charge fees that arise in specific circumstances only to those customers responsible for them. This list is not exclusive, and Practice Profits Inc. reserves the right to modify these fees or charge additional fees. Accordingly, you will pay the following fees when they are applicable: (1) Account Activation Fee: We may charge you a fee of: (i) up to $100.00 ; or (ii) the maximum amount permitted under applicable law prior to or upon activation of your Service account, whichever is less. 4) Administrative Late Fee: If we do not receive your payment by the due date on your bill, we may charge you an administrative late fee (i) $5.00 or (ii) the maximum amount permitted under and subject to applicable law per month or partial month until the delinquent amount is paid in full. This late fee is not an interest charge, finance charge, time price differential or other such charge or payment of a similar nature. You acknowledge that this fee is reasonably related to the actual expense we incur due to late payment and may be subject to limitations set forth by law in your state. Returned Payment Fee: If any bank or other financial institution refuses to honor any payment, draft or instrument submitted for payment to your account, we may charge you a fee the lesser of (i) up to $20.00 ; or (ii) the maximum amount permitted by applicable law. You acknowledge that this fee is not an interest charge, finance charge, time price differential or other such charge or payment of a similar nature and it is reasonably related to the actual expense we incur due to unsatisfied payment.
Undisputed portions of the statement must be paid by the due date to avoid a late fee and possible reduction or deactivation of Service. Remember, if your bill for Practice Profits Inc. Service comes from a party other than Practice Profits Inc. please use the contact information on your bill (f) Consents Regarding Credit. In order to establish an account with us, you authorize us to inquire into your creditworthiness (subject to Section 6), by checking with credit reporting agencies. If you are delinquent in any payment to us, you also authorize us to report any late payment or nonpayment to credit reporting agencies. Due to the subjective nature of creditworthiness, we reserve the right to require pre-payment for any Service via cashier’s check, money order, or credit card, notwithstanding your credit rating, past history or practice. (g) Collection Costs. To the extent permitted by law, you will pay us any costs and fees we reasonably incur to collect amounts you owe us.
3. CUSTOMER INFORMATION (a) Representations. You represent that you are at least 18 years of age and a resident of the United States. (b) Contact Information. You agree to provide true, accurate, current and complete contact information about yourself, and maintain and promptly update your contact information to keep it true, accurate, and complete. (c) Online Access. You are responsible for maintaining the confidentiality of the password and account username used for online billing and account maintenance at PracticeProfitsInc.com, and are fully responsible for all activities that occur under your password and account. You agree to: (i) keep your username and password confidential and not share them with anyone else; (ii) immediately notify Practice Profits Inc. of any unauthorized use of your password and account or other breach of security, and (iii) use only your username and password to log into PracticeProfitsInc.com.
4. CHANGES IN CONTRACT TERMS We reserve the right to change the terms and conditions on which we offer Service. If we make any such changes, we will send you a copy of your new Customer Agreement containing its effective date. You always have the right to cancel your Service, in whole or in part at any time, and you may do so if you do not accept any such changed terms or conditions. If you do cancel, you may be charged an early cancellation fee if you entered into a separate programming commitment or a deactivation fee. You will be issued a credit, if any, in accordance with Section 5. If you elect not to cancel your Service after receiving a new Customer Agreement, your continued receipt of Service from us will constitute acceptance of the changed terms and conditions. If you notify us that you do not accept such terms and conditions, then we may cancel your Service as provided in Section 5, as we cannot offer Service to different customers on different terms, among other reasons.
5. CANCELLATION (a) Term. The term of this Agreement is indefinite and Service will continue until canceled as provided herein. UNLESS YOU NOTIFY US THAT YOU WISH TO CANCEL IT, WE WILL AUTOMATICALLY RENEW SERVICE THAT YOU SUBSCRIBE TO ON A PERIODIC BASIS, INCLUDING ANY MONTHLY OR ANNUAL SUBSCRIPTIONS AS LONG AS WE CONTINUE TO CARRY THE SERVICE. (b) Your Cancellation. You may cancel Service by notifying us. You may be charged a deactivation fee as described in Section 2 and issued a credit as described below. Your notice is effective on the day we receive it. You will still be responsible for payment of all outstanding balances accrued through that effective date. In addition to any deactivation or change of service fees provided in Section 2, if you cancel Service or change your Service package, you may be subject to an early cancellation fee if you entered into a separate programming commitment with Practice Profits Inc. in connection with obtaining Receiving Equipment, and have failed to maintain the required programming package for the required period of time.
(c) Our Cancellation. We may cancel your Service at any time if you fail to pay amounts owing to us when due, subject to any grace periods, or breach any other material provision of this Agreement, or act abusively toward our staff. In such case, you will still be responsible for payment of all outstanding balances accrued through that effective date, including the deactivation fee described in Section 2. In addition, we may cancel your Service if you elect not to accept any changed terms described to you, as provided in Section 4.
(d) Payment Upon Cancellation. You acknowledge that you have provided your credit or debit card account information to us. You understand that you will incur fees and charges as a result of your receipt and use of Service and/or Receiving Equipment, and may incur early cancellation fees and/or equipment non-return fees (as specified in any lease, programming or other service commitment agreement you entered into in connection with obtaining Receiving Equipment). By giving us your credit or debit card account information, you authorize us to apply this method of payment, in accordance with applicable law, to satisfy any and all amounts due upon cancellation. You further acknowledge that you are required to maintain current credit or debit card information with us and agree to notify us whenever there is a change in such information, such as a change in the card number or the expiration date.
6. PERSONAL DATA We collect personally identifiable information about our customers (“Personal Data”). The use and disclosure of this Personal Data is governed by our Privacy Policy and, to the extent not inconsistent with the Privacy Policy, by this Agreement. A copy of our Privacy Policy is available at PracticeProfitsInc.com We will also send you a copy if you send your written request to this address: Practice Profits Inc. Privacy Policy. By receiving the Practice Profits Inc. Service, you agree to the following license. The term “Intellectual Property” shall include any updates, modified versions, additions and copies of certain Intellectual Property for the Practice Profits Inc. Service. The term “End User Documentation” shall mean the documentation and related explanatory written materials provided to you in connection with licensing by you of any Software. Practice Profits Inc. grants to you a non-exclusive license to use the Software, provided that you agree to the following: (a) License Grant. You may use the Software solely in executable code form and solely in conjunction with the use of your Subscription. (b) Restrictions. You may not copy, modify, or transfer, disseminate or publish the intellectual property, or any copy thereof, in whole or in part. You may not reverse engineer, disassemble, decompile or translate the Intellectual property, or otherwise attempt to derive the source code of the Intellectual Property, except to the extent allowed under any applicable law. Any attempt to transfer any of the rights, duties or obligations of this license agreement is void. You may not rent, lease, load, resell for profit or distribute the Intellectual property, or any part thereof. (c) Ownership. The Intellectual property is licensed, not sold, to you solely for your use under the terms of this license agreement, and Practice Profits Inc. and its suppliers reserve all rights not expressly granted to you. You shall own the media, if any, on which Intellectual property or End User Documentation is recorded, but Practice Profits Inc. and its suppliers retain ownership of all copies of the Intellectual property itself. (d) Reservation of Rights. Except as stated above, this license agreement does not grant to you any intellectual property rights in the Intellectual property. (e) Term. If you breach any term or condition of this license agreement, this license agreement will terminate immediately upon notice to you. (f) Warranty Disclaimer. NEITHER Practice Profits Inc. NOR ANY OF ITS REPRESENTATIVES MAKES OR PASSES ON TO YOU OR OTHER THIRD PARTIES ANY WARRANTY OR REPRESENTATION ON BEHALF OF Practice Profits Inc. OR ITS SUPPLIERS WITH RESPECT TO THE Intellectual Property, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. (g) Limitation of Liability. IN NO EVENT WILL Practice Profits Inc. OR ITS SUPPLIERS BE LIABLE TO YOU WITH RESPECT TO THE Intellectual Property FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING LOST PROFITS OR LOST SAVINGS, EVEN IF Practice Profits Inc. OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, so the above limitations may not apply to you.
Service Interruptions. Service may be interrupted from time to time for a variety of reasons. We are not responsible for any interruptions of Service that occur due to acts of God, power failure or any other cause beyond our reasonable control. However, because we value our customers, for an interruption of a significant length of time that is within our reasonable control, upon your request we will provide what we reasonably determine to be a fair and equitable adjustment to your account to make up for such Service interruption. THIS WILL BE YOUR SOLE REMEDY AND OUR SOLE DUTY IN SUCH CASES. (b) Disclaimers. EXCEPT AS EXPRESSLY PROVIDED HEREIN, WE MAKE NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, REGARDING ANY SERVICE OR YOUR RECEIVING EQUIPMENT. ALL SUCH WARRANTIES OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT ARE DISCLAIMED. (c) Limitations of Liability. WE ARE NOT RESPONSIBLE FOR ANY CONSEQUENTIAL DAMAGES OR LOSSES RELATING TO THE RECEIVING EQUIPMENT OR ANY SERVICE, WHETHER BASED ON NEGLIGENCE OR OTHERWISE. REGARDLESS OF THE CAUSE, OUR TOTAL LIABILITY FOR DAMAGES OR LOSSES TO YOU AND ANY OTHER PERSONS RECEIVING OUR SERVICE, WILL IN NO EVENT EXCEED THE AMOUNT THAT YOU HAVE PAID TO US FOR THE SERVICE THAT YOU RECEIVED DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRIOR TO THE SPECIFIC EVENT THAT GAVE RISE TO THE APPLICABLE DAMAGE OR LOSS. THIS ALLOCATION OF RISK IS REFLECTED IN OUR PRICES. You may have greater rights than described above under your state’s laws. You should consult them. (d) Warranty Services. You agree that this Agreement does not provide for, and the Service does not include, any warranty services or other services that we might provide separately, including, without limitation, any fee-based or other warranty programs. 9. RESOLVING DISPUTES In order to expedite and control the cost of disputes, you and we agree that any legal or equitable claim relating to this Agreement, any addendum, or your Service (referred to as a “Claim”) will be resolved as follows: (a) Informal Resolution. We will first try to resolve any Claim informally. Accordingly, neither of us may start a formal proceeding for at least 60 days after one of us notifies the other of a Claim in writing. You will send your notice to the address on the first page of this Agreement, and we will send our notice to your billing address. (b) Formal Resolution. if we cannot resolve a Claim informally, any Claim either of us asserts will be resolved only by binding arbitration. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL. You may, in arbitration, seek any and all remedies otherwise available to you pursuant to your state’s law. To start an arbitration, you or we must do the following things: (1) Write a Demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. (2) Send one copy of the demand for arbitration to the other party. (c) Special Rules. (i) In the arbitration proceeding, the arbitrator has no authority to make errors of law, and any award may be challenged if the arbitrator does so. Otherwise, the arbitrator’s decision is final and binding on all parties and may be enforced in any federal or state court that has jurisdiction. (ii) Neither you nor we shall be entitled to join or consolidate claims in arbitration by or against other individuals or entities, or arbitrate any claim as a representative member of a class or in a private attorney general capacity. b) Exceptions. Notwithstanding the foregoing: (i) any Claim based on Section 1(i)above, and (ii) any dispute involving a violation of the Communications Act of 1934, 47 U.S.C. §§ 605, the Digital Millennium Copyright Act, 17 U.S.C. § 1201, the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521, or any other statement or law governing theft of service, may be decided only by a court of competent jurisdiction.
10. MISCELLANEOUS (a) Notice. Notices to you will be deemed given when personally delivered, addressed to you at your last known address and deposited in the U.S. Mail (which may include inclusion in your billing statement), or sent via internet to the email address you provided us, or delivered when a voice message is left at the telephone number on your account. Your notices to us will be deemed given when we receive them at the address or telephone number on the first page of this Agreement. (b) Applicable Law. The interpretation and enforcement of this Agreement shall be governed by the rules and regulations of the Federal Communications Commission, other applicable federal laws, and the laws of the state and local area where Service is provided to you. This Agreement is subject to modification if required by such laws. Notwithstanding the foregoing, Section 9 shall be governed by the Federal Arbitration Act. (c)
Assignment of Account. We may assign your account or this Agreement and all rights and/or obligations hereunder to any third party without notice for any purpose, including, without limitation, collection of unpaid amounts, or in the event of an acquisition, corporate reorganization, merger or sale of substantially all of the party’s assets to another entity. You hereby consent to such assignment. You must continue making all required payments to us in accordance with your billing statement, unless notified otherwise. (d) Other. This Agreement and any lease, activation, programming, or other service commitment agreement that you entered into in connection with obtaining Receiving Equipment constitute our entire agreement. No salesperson or other representative is authorized to change it. If any provision is declared by a competent authority to be invalid, that provision will be deleted or modified to the extent necessary, and the rest of the Agreement will remain enforceable. The terms of this Agreement that expressly or by their nature survive termination shall continue thereafter until fully performed. THANK YOU. Practice Profits Inc. Practice Profits Inc. and the P2 Design logo are registered trademarks of Practice Profits Inc.