Last updated: September 08, 2017
Please read these Terms and Conditions (“Terms,” “Terms and Conditions”) carefully before using the daveruch.vids.io website (the “Service”) operated by Dave Ruch (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
For paid users, the Service is billed on a subscription basis (“Subscription(s)”). You will be billed in advance on an annual basis (“Billing Cycle”).
Before the end of each Billing Cycle, you will receive an email reminder with the option to continue or cancel. Subscriptions will automatically renew at then-current pricing unless you’ve cancelled it or Dave Ruch has cancelled it. You may also cancel your Subscription renewal any time prior to the next billing cycle by contacting Dave Ruch (contact info below). Dave Ruch will issue an electronic invoice for each annual renewal, with the full payment corresponding to the billing period as indicated on the invoice.
Fees are locked in for the current annual billing cycle, and Dave Ruch will provide reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective for the next billing cycle.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Due to the small nature of our business, we are not able to offer refunds. However, we strive to overdeliver value and would very much like to hear about anything we can do to improve your experience with the site.
When you create an account with us, you guarantee that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
Each account is just for one school. Account sharing is allowed within your own building, though you will then be responsible for any and all actions taken by all users accessing the site through your account. It is highly recommended to have each teacher registered under their own email address and password.
The Service and its original content, features and functionality are and will remain the exclusive property of Dave Ruch. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Dave Ruch.
Free trials are granted at the sole discretion of Dave Ruch, and typically (although not always) include access to one sample video within the library for a 7-14 day period. Each school will be granted only one free trial over the lifetime of the service; it is incumbent upon the registered trial user to spread the word to each teacher in their building so that the site can be examined by as many staff members as possible.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service and cancel before the next annual billing cycle.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Dave Ruch and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
Limitation Of Liability
In no event shall Dave Ruch, nor his employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Dave Ruch and any subsidiaries, affiliates, and licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of The United States of America, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us at dave “at” daveruch “dot” com or 716-884-6855