Subscription Agreement

Subscription Agreement

NerdTennis.com is a trading name of CobbySoft Media Inc. (“we”), registered office at Vancouver, BC, Canada. This Website is owned and operated by CobbySoft Media Inc. (“we”).

This Subscription Agreement together with the Terms & Conditions of Use, Health & Safety Policy and Privacy Policy, form collectively, your membership contract (“Contract”) to use this Website.

By using this Website, you agree to this Contract. By using this Website after we post any changes to this Contract, you agree to accept those changes, whether or not you have reviewed them. If you do not agree to this Contract, you should not use our Website and, if you are a subscribing member, you should arrange to cancel your subscription with us.

General terms

This Subscription Agreement only applies to you if you are a paying customers. A paying customer is an individual who makes, directly to us, a payment to gain access to this Website. You understand that only you may use your user id and password (your “User Account”) to access this Website, and that your subscription is only valid for your own personal, non-commercial use and may not be shared with others. You agree to be financially responsible for all fees related to your User Account.

Your subscription agreement

By using this Website you agree to be legally bound and to abide by this Subscription Agreement, just as if you had signed this Agreement. If you do not comply with this Subscription Agreement, or your Contract, at any time, we reserve the right to cancel or terminate your User Account and access to this Website.

We reserve the right to change this Subscription Agreement from time to time. We will notify you of changes to this Subscription Agreement by posting changes to this Subscription Agreement on the Website. Any new or amended version of this Subscription Agreement will take effect, and will govern all use of this Website, commencing on the date of posting on this Website (or such later date as we indicate in the posting).

You agree that if you do not wish your use of the Website to be governed by the new or amended version of this Subscription Agreement, you should notify us in writing, or by email, and from the date when the new version takes effect, you must cease to use this Website and you should seek a refund in respect of any fees pre-paid by you for any complete unexpired periods of subscription. Refunds shall be made in accordance with the Refund Policy set out in this Subscription Agreement.

We reserve the right to without prior notice or liability, discontinue, modify or alter any aspect of this Website. You agree that any termination or cancellation of your access to, or use of, this Website may be effected without prior notice. If you do not abide by the provisions of this Subscription Agreement, you agree that we may immediately deactivate or delete your User Account and all related information and files in your User Account. Further, you agree that we shall not be liable to you or any third party for any termination or cancellation of your access to, or use of, this Website.

You acknowledge that your only right with respect to any dissatisfaction with any:

* Modification or discontinuation made by us pursuant to this Subscription Agreement and your Contract;
* Policies or practices used by us in providing this Website, including any change in content;

is to cancel or terminate your subscription in accordance with the Termination and Cancellation Policy and Refunds Policy set out in this Subscription Agreement.

The availability and use of this Website may be limited based on demographic, geographic, health or other criteria as we may establish from time to time. You understand and agree we may disallow you from subscribing to this Website or may terminate your subscription at any time based on these criteria.

The bandwidth of this Website may be limited based on users usage. You understand and agree we may disallow you from subscribing to this Website or may terminate your subscription at any time when your bandwidth usage is deemed excessive.

Subscription prices

Prices are as advertised on this Website. Prices may change from time to time. Your subscription payments will be made on a one-off or repeated basis, as selected by you and at the rate advertised at the time of your initial subscription. All payments are shown and charged in Dollars (currency code USD).

Payments

You agree to pay, using a valid credit card (or other form of payment which we may accept from time to time), the one-off or repeated payments, depending on which payment plan you choose.

In the event we cannot charge your credit card or account, we reserve the right to terminate immediately your User Account access to this Website.

Please remember that as well as being responsible for all your subscription charges you are also responsible for all charges and fees associated with connecting to this Website, including without limitation all telephone access lines and internet service provider fees.

You agree to provide us with true, accurate and complete information as required by the sign up and subscription process, including your legal name, email address and applicable billing information and where relevant address, telephone number (“Subscription Data”), and to allow us to share this information with third parties for the purpose of verifying the information you provide and billing your credit card in accordance with our Privacy Policy. You are obligated to maintain and promptly update your Subscription Data to keep it accurate and current and by using this Website you agree to this obligation. If you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your User Account and access to the Website.

If your credit card expires, is canceled, lost or is subject to use without your authorization, you agree to promptly notify us in writing and to update your Subscription Data to provide details of an alternative current, valid credit card. You are entirely responsible for any and all activities that occur through your User Account. You are responsible for paying any amounts billed to your credit card by a third party which were not authorized by you.

Termination or cancellation of your subscription agreement

As the Website service starts immediately we are not able to provide you with a cooling off period.

Either you or we may terminate or cancel your Subscription Agreement at any time. You understand and agree that (subject to any of your statutory rights) the cancellation or termination of your Subscription Agreement is your sole right and remedy with respect to any dispute with us including, without limitation, any dispute related to, or arising out of:

* Any terms and conditions of this Contract or our enforcement or application of this Subscription Agreement;
* Any of our practices or policies, including any of our Terms & Conditions, Privacy Policy, and / or Health & Safety Policy and this Subscription Agreement, or our enforcement or application of these policies;
* The content available through this Website or any change in content provided through this Website;
* Your ability to access and/or use the Website; or
* The amount or types of our charges, surcharges, applicable taxes, or billing methods, or any change to our fees or charges, applicable taxes, or billing methods.

Upon cancellation or termination of your subscription, we may immediately deactivate your User Account and all related information and/or files in your User Account and/or bar any further access to such information and/or files and this Website.

You can cancel your subscription to this Website by notice in writing (by post or email) to our Membership Contracts Coordinator. Your cancellation or termination will take effect within seventy two (72) hours after receipt by our Membership Contracts Coordinator of your cancellation notice. We will attempt to process all cancellation requests within seventy two (72) hours after we receive your request. If you cancel near the end of your billing period and are inadvertently charged for the next period’s fee, contact our Membership Contracts Coordinator to have the charges reversed. If you use this Website during that next period, you will not be entitled to a refund. We reserve the right to collect fees, surcharges, or costs incurred before your cancellation takes effect.

Refund policy

You agree that (subject to any of your statutory rights) all charges assessed by us are non-refundable.

Non-refundable fees include:

* Any fee paid through the website for goods or services where you have commenced that good or service.

Refundable fees include:

* Fees paid where no goods or services have been commenced.