Membership Service Agreement
This Miller Voice Method Membership Service Agreement is between Miller Voice Method. (“MVM”) and “Customer” with its principal place of business as provided during Account sign-up process, on behalf of itself and its Affiliates. MVM allows its customers to access the MVM video training. MVM and “Customer” hereby agree that the following terms and conditions will apply to the video training services provided by MVM to “Customer”.
Acceptance of Terms
By signing this Agreement, or registering for an MVM Account (MVM Service” or “Service”) or by using Service or continuing to use the Service, this Membership Service Agreement is valid and in effect. Usage of Service includes all content and functionality available through the MVM website.
MVM and you (the “customer”) fully agree to the following terms and conditions. You represent that you are 18 years of age or older and have the legal power and authority to enter into this agreement. If you are signing up to use MVM’s various products and services on behalf of a company, you represent that you have complete authority to bind the “Customer” to the terms governing the use of the MVM services, and the term “customer” means your company, all of its employees and its Affiliates. If you do not agree to the terms of this agreement, or if you do not have the authority, then you must stop using MVM products and services.
Member Customer and User
The term “Customer” shall mean the individual, a business or a legal entity including its employees, affiliates, partners, customers, contractors, and agents registering for any MVM product or Service via any MVM web site. The term “User” and “Users” shall mean an individual, and if the “Customer” is representing a business or a legal entity, the term shall also encompass its employees, affiliates, partners, customers, contractors or agents, who access the Service established by the “Customer”. Please note that “Customer” sharing of credentials (username and password) with other users is strictly prohibited under these terms and will result in immediate loss of access permanently to the MVM Video Series and will forfeit your membership. The “Customer” is hereby notified that MVM has the ability to detect credential sharing.
Accurate Customer Information
The Customer agrees to provide MVM with accurate billing and contact information, including legal name, company name (if applicable), street address, telephone number, and Email address. The Customer also agrees to notify MVM of any changes to this information within a period not to exceed 30 days. MVM reserves the right to terminate Customer access to the Service, without any obligation to return Customer data, if the Customer provides false or fraudulent contact or billing information.
Customer Account Security and Passwords
The Customer is entirely responsible for any and all activities that occur within the Customer’s account, and where applicable, the activities that occur within additional accounts established by the Customer. The Customer will choose, or be temporarily assigned, all applicable passwords to use with the MVM Service. The Customer shall be entirely responsible for maintaining the confidentiality of their passwords and account data, and where applicable the passwords and accounts of each user accessing the Service using an account established by the Customer. Any unauthorized use or breach of security of a Customer account, and where applicable other accounts established by the Customer, shall be reported immediately to MVM. Please note that “Customer” sharing of credentials (username and password) with anyone else is strictly prohibited under these terms and will result in immediate loss of access permanently to the MVM Video Series and will forfeit your membership. The “Customer” is hereby notified that MVM has the ability to detect credential sharing.
Confidentiality of Customer Information
Customer Information such as contact details, data, and usage analytics is considered confidential. MVM will not share, rent, sell, or trade Customer information. MVM may use the Customer Information to contact the Customer and provide necessary support, evaluate the satisfaction of service, enhance Customer experience or ensure proper billing and payment for our service.
MVM, or its designee(s), shall provide 24×7 Email Support normal business hours (9:00 am to 5:00 pm Eastern Standard Time Zone) Monday-Friday, except on holidays.
The Service Account
By registering for the MVM Account (“Service”); its use or continued use shall be deemed to be an agreement to establish and maintain Service by the Account User and to abide by all the terms and conditions of this Agreement. Service will provide the Customer with the use of MVM Video Training Series through the MVM Website.
Paid Membership Plan
Customer agrees to have bought MVM account in accordance with a “Membership Plan” selected on MVM Web Site during checkout (buying) process. Customer further acknowledges and agrees that Customer will be entitled to pay an amount at least equal to the price of the “Membership Plan” bought by the Customer for every billing period/cycle in advance of the billing cycle unless the “Membership Plan” is a “Lifetime Membership.” Customer understands that “Membership Plan” offers a maximum limit on their usage in terms of a number of Registered or Active Users. Customer agrees to use MVM for the paid account in accordance with these limits.
Billing Period and Payment Method
Once Customer purchases a “Membership Plan”, MVM charges and collects fees in advance for the use of the various “Services”. Payment shall be made using Credit Card, Debit or Wire Transfer and will be in U.S. Dollars. The Customer agrees to pay the Total Membership fees for its account in accordance with the “Membership Plan” and billing terms in effect at the time the fees are due and payable. The Membership fees are nonrefundable whether or not any, or all, of the User Licenses or Usage, are actively used for the Service during the billing period. The Total Membership fees or portions thereof are also non-refundable if the Customer chooses to cancel their account prior to the end of a said billing period which would include the “Lifetime Membership Plan.”
Calculation of Membership Fees
The Membership fees charged to the Customer shall be equal to the current “Membership Plan” in effect at the time of the Customers’ billing cycle, including the “Lifetime Membership Plan,” based on purchased package.
Local and State Taxes
Billing amounts are exclusive of all taxes, levies, or duties that may be imposed by taxing authorities having jurisdiction over the Customer’s access location. Due to the mobility of access to the MVM Service, the Customer acknowledges and agrees, to be responsible for the payment of such taxes, levies, or duties, if any.
In case the Customer identifies a billing error, the Customer must contact MVM in writing within 30 days of receiving an invoice or billing receipt containing the amount in question in order to be eligible to receive a credit or adjustment. Upon verification & validation of reported Billing error by MVM and in the outcome that MVM finds the Billing error to be true, the maximum credit that a Customer could be entitled to, shall not exceed the total amount of the bill in question.
Renewal of Service Agreement
The Customer acknowledges, and agrees, that this Service Agreement shall automatically renew based on “Membership Plan” including “Lifetime Membership Plan” unless either party requests a change to the Membership Agreement or its termination.
In the event the Customer account becomes overdue, MVM reserves the right to suspend the MVM Service provided to the Customer. The Customer acknowledges and agrees, that suspension of the account will deny the Customer, and all users accessing the MVM Service using the Customer account, access to the MVM Service until delinquent accounts are paid in full. In addition to the rights granted herein, MVM reserves the right to terminate this Agreement in accordance with the terms and conditions of this Agreement. In the event, the Customer stops or voids any payment to MVM, claims a credit for credit card payments for MVM Services already used, or in any way impedes MVM’s ability to collect funds for Services already rendered.
Termination of Service Agreement
The Customer or MVM may terminate this Service Agreement by notifying the other party in writing at least 30 days prior to the beginning of the next billing cycle. Upon termination of the Service Agreement for any reason, the Customer, and all its users accessing the MVM Service using the Customer account, will immediately cease all use of the MVM Service.
This Agreement may not be assigned by the Customer without the prior written approval of MVM but may be assigned by MVM to a parent or subsidiary, an acquirer of assets, or a successor by merger.
MVM shall have a royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use or incorporate into the Services any suggestions, enhancement requests, recommendations or other feedback provided by Customer, including its Users, relating to the operation of the Services.
Venue and Choice of Law
The laws of the state of New York (NY, USA) shall govern the validity of this Service Agreement, the construction of its terms and the interpretation of the rights of the parties hereto.
Unenforceability of Provisions
If any provision of this Agreement, or any portion thereof, is held to be invalid and unenforceable, then the remainder of the Agreement shall nevertheless remain in full force and effect.
Modification of Membership Agreement
MVM reserves the right to change the terms and conditions of this Agreement, and all policies relating to any MVM Service, at any time. MVM shall notify the “Customer” by posting an updated version of this Agreement on the Service in question. “Customer” is responsible for regularly reviewing this Agreement on WWW.MillerVoiceMethod.COM. Continued use of any MVM product or service after any such changes shall constitute Customer’s consent to such changes.
Any and all notices, demands, or other communications required or desired to be given hereunder relating to the terms and conditions of this Agreement shall be made in writing and shall be validly given or made to another party if personally served; or if deposited in the United States mail, certified or registered, postage prepaid, return receipt requested; or if by Email when receipt is electronically confirmed. If such notice or demand is served personally, notice shall be deemed constructively made at the time of such personal service. If such notice, demand, or other communication is given by mail, such notice shall be conclusively deemed given five days after deposit thereof in the United States mail addressed to the party to whom such notice, demand or other communication is to be given as follows: If to the Customer: The Customer’s address on record in MVM account information. If to MVM the Customer may give notice to: Miller Voice Method, Email Address: firstname.lastname@example.org. If such notice, demand, or other communication is given by Email, such notice shall be deemed given 48 hours after sending, or electronically acknowledged, whichever is less.
The MVM Service is provided to the customer strictly on an “as is” basis; MVM and its licensors make no warranty, representation, or guaranty, either express or implied, as to the fitness for a particular purpose, merchantability, non-infringement of third party rights, reliability, availability, or accuracy of content. MVM does not guaranty, warrant, or represent that the service will be secure, uninterrupted, error-free, or free of viruses or other harmful components, or that errors or defects will be corrected.
Limitation Of Liability
In no event shall MVM’s total liability exceed the amounts actually paid by the customer to MVM for the MVM service under this service agreement for the month immediately preceding the act of injury that gave rise to the liability. Neither MVM nor its licensors shall be liable to anyone for any indirect, incidental, consequential, special, exemplary, punitive, or other damages of any type or kind (including loss or inaccuracy of data, revenue, or profits) arising out of, or in connection with, this service or the inability to use the service, even if MVM has been previously advised of the possibility of such damages.
Changes to Membership Service Agreement
MVM will occasionally update Membership Service Agreement to reflect company and customer feedback. MVM encourages you to periodically review Membership Service Agreement to be informed of how MVM is protecting your information.
MVM welcomes your questions regarding this Membership Service Agreement, please contact MVM for any questions at Miller Voice Method, Email Address: email@example.com.
Effective as of January 1, 2018