Effective January 1, 2016

THIS IS A CONTRACT. PLEASE CAREFULLY READ THE FOLLOWING TERMS BEFORE ACCESSING THIS SITE AND/OR ANY INSTRUCTIONAL MATERIAL. BY ACCESSING THIS SITE , YOU ACCEPT AND AGREE TO ALL OF THE COVENANTS AND CONDITIONS IMPOSED IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS THE SITE. BY USING ISO FILEMAKER MAGAZINE’S SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS. YOU ALSO AGREE TO REVIEW THIS AGREEMENT PERIODICALLY TO BE AWARE OF MODIFICATIONS TO THE AGREEMENT, WHICH MODIFICATIONS WE MAY MAKE AT ANY TIME. YOUR CONTINUED USE OF THIS SITE WILL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF ANY MODIFIED AGREEMENT.

1. Contact Information.

ISO Productions, Inc.
, 1249 Chapin Rd. #642, Chapin, SC 29036
Website: https://filemakermagazine.com
Customer Service Email: support@filemakermagazine.com
Telephone: +1 (530) 436-5003

2. Definitions.

• “Access” or “Accessing” means accessing, using, viewing the content or otherwise obtaining information on the Site.
• “Agreement” or “Terms” refers to these Terms and Conditions of Use and any subsequent modifications.
• “filemakermagazine.com Service” means the subscription service to obtain access to filemakermagazine.com Content.
• “ISO Productions” refers to ISO Productions, Inc., a California corporation.
• “filemakermagazine.com Content” refers to the collection of videos and other instructional material made available to Members of filemakermagazine.com
• “Member” refers to any person or entity who purchases or uses a membership to the filemakermagazine.com Service.
• “User” refers to any party who Accesses the Site. If You are Accessing the Site as an employee or agent of another, “User” refers to You and Your principal.
• “Website” or “Site” refers to the website maintained on the World Wide Web by ISO Productions available at https://filemakermagazine.com and includes filemakermagazine.com Content.
• “You” or “Your” refers to the User. If You are Accessing the Site as an employee or agent of another, “You” or “Your” refers to the User and the User’s principal.

3. Modification of Terms.

ISO Productions reserves the right to modify these Terms at any time. Except as otherwise stated herein, any change to these Terms is effective immediately after ISO Productions gives notice to the User. Notice can be given through email, a posting on the Site or any other means by which a User may obtain notice. User agrees to check the Site periodically for changes to these Terms. Any use of the Site after changes have been made shall be deemed acceptance of those changed terms and/or conditions.

4. Limited License.

ISO Productions hereby grants each Member a limited, non-exclusive, non-sublicensable and non-transferable license to Access the content and information available on the Site according to the provisions contained herein, and subject to the payment of the applicable membership fees and adherence to these Terms.

5. Fees; Renewal; Refund Policies.

• Memberships are on an recurring basis, either quarterly or annually, and provide the Member Access to the entire filemakermagazine.com Content.
• Memberships automatically renew on the same date of each corresponding month or year, or on final date of month if there is no corresponding date (e.g. January 31, 2008 membership renews on February 28, 2008).
• Fees are automatically charged on their renewal date.
• Membership renewal may be canceled at any time by Member. Upon canceling renewal, Member will retain Access to the entire filemakermagazine.com Content until the end of the paid renewal period.
• Membership fees are non-refundable; except that Member may cancel renewed membership in writing up to five (5) calendar days after renewal date and receive a full refund of the new membership fees.
• Discounts, rebates or other special offers only valid for initial term; memberships renew at the then-current full membership rates, unless otherwise specified.
• ISO Productions may increase membership fees for a subsequent membership period at any time and for any reason, provided, however, that ISO Productions provides notice at least thirty (30) calendar days prior to the expiration of the membership.
• ISO Productions may terminate the membership and these Terms if unable to renew the membership based on inaccurate or outdated credit card information.
• Right of Access to filemakermagazine.com Content granted under these Terms is effective only upon payment of the membership fees.

6. Access to filemakermagazine.com Content; Modification of Content.

ISO Productions strives to provide filemakermagazine.com Content to its Members on a continuous basis. To that end, ISO Productions will take all commercially reasonable efforts to provide uninterrupted Access to the filemakermagazine.com Content to its Members. However, from time to time, Members may be unable to Access the filemakermagazine.com Content due to conditions beyond ISO Productions’s control. Such conditions include, but are not limited to: force majeure, acts of God, power outages, and the acts of computer hackers and others acting outside the law. Also, from time to time, Access may be unavailable due to software issues, server downtime, increased Internet traffic or downtime, programming errors, regular maintenance of the system, and other related reasons. In response to any unavailability of the filemakermagazine.com Content to its Members, ISO Productions will take all commercially reasonable steps to ensure Access is restored within a reasonable period of time. The term “commercially reasonable,” as used in these Terms, shall mean reasonable efforts taken in good faith without an unduly or burdensome use or expenditure of time, resources, personnel or money. ISO Productions endeavors to provide the highest quality content to its Members. To that end, ISO Productions reserves the right, in its sole discretion, to change, modify, or discontinue any aspect or feature of this Site in whole or in part, including, without limitation, the content, availability, Access and/or the Terms of this Site. Such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which notice may be made by posting such changes on this Site. Users are solely responsible for ensuring that they have sufficient and compatible hardware, software, telecommunications equipment and Internet service necessary for use of the Site.

7. Prohibited Conduct.

User expressly agrees to refrain from doing, either personally or through an agent, any of the following “Prohibited Conduct”:

• Transmit, install, upload or otherwise transfer any virus, advertisement, communication, or other item or process to the Site that in any way affects the use, enjoyment or service of the Site, or adversely affects ISO Productions’s computers, servers or databases.
• Capture, download, save, upload, print or otherwise retain information and content available on the Site other than what is expressly allowed by these Terms.
• Permit or provide others Access to filemakermagazine.com Content using Your user name and password or otherwise, or the name and password of another authorized User.
• Copy, modify, reverse engineer, disassemble, redistribute, republish, alter, create derivative works from, assign, license, transfer or adapt any of the software, information, text, graphics, source code or HTML code, or other content available on the Site.
• Remove or modify any copyright, trademark, legal notices, or other proprietary notations from the content available on the Site.
• Transfer the Site content to another person; “frame,” “mirror,” “in-line link,” or employ similar navigational technology to the Site content; or “deep link” to the Site content.
• Violate or attempt to violate ISO Productions’s security mechanisms, Access any data or server You are not authorized to Access or otherwise breach the security of the Site or corrupt the Site in any way.
• Engage in any other conduct which violates the Copyright Act or other laws of the United States.
• Use any device (such as a “web crawler” or other automatic retrieval mechanism) or other means to harvest information about other Users, the Site or ISO Productions.
• Use the Site to violate a third party’s intellectual property, personality, publicity or confidentiality rights; upload, download, display, publish, perform, create derivative works from, transmit, or otherwise distribute information or content in violation of a third party’s intellectual property rights.
• Misrepresent Your identity or personal information when Accessing the Site; forge any TCP/IP packet header or any part of the header information in any email so that the email appears to be generated by ISO Productions.
• Post obscene, harassing, defamatory, filthy, violent, pornographic, abusive, threatening, objectionable or illegal material on the Site; post a communication that advocates or encourages criminal conduct or conduct that may give rise to civil liability.
• Advertise or otherwise solicit funds, goods or services on the Site, unless otherwise deemed acceptable by ISO Productions via a separate contract.
• Provide any commercial hosting service with Access to the Site and/or the content on the Site.

To ensure that Users of the Site do not engage in Prohibited Conduct, ISO Productions reserves the right to monitor use of the Site and reserves the right to revoke or deny Access to filemakermagazine.com Content to any person or entity whose use of filemakermagazine.com Content suggests Prohibited Conduct. Access of the materials available on the Site beyond that of normal patterns of use that suggests systematic copying of the materials constitutes abuse of filemakermagazine.com Content and will result in revocation or denial of Access to filemakermagazine.com Content. The terms “normal patterns” and “abuse” shall be determined solely by ISO Productions. You agree not to violate any U.S., foreign or international software or technology export laws and regulations, including without limitation the U.S. Export Administration Regulations.

If you believe your intellectual property rights have been violated, you may submit an infringement notification through the Contact Information provided in this Agreement. These requests should only be submitted by the intellectual property owner or an agent authorized to act on the owner’s behalf.

8. LIMITED WARRANTIES.

ISO Productions warrants that the software that allows Users to Access filemakermagazine.com Content (“Software”), if operated as directed, will substantially achieve the functionality described on the Site. ISO PRODUCTIONS PROVIDES NO WARRANTY THAT YOUR HARDWARE, SOFTWARE, TELECOMMUNICATIONS EQUIPMENT AND/OR INTERNET SERVICE IS COMPATIBLE OR SUFFICIENT TO ACCESS THE SITE. ALTHOUGH ISO Productions HAS ATTEMPTED TO PROVIDE ACCURATE INFORMATION ON THE SITE, IT MAKES NO GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE RELIABILITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THAT INFORMATION AND ASSUMES NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS THEREIN.

9. DISCLAIMERS AND LIMITATION OF LIABILITY.

USER ACCESSES THIS SITE AT HIS/HER/ITS OWN RISK. THE SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND (BEYOND THE WARRANTIES SET FORTH IN SECTION 8), EXPRESSED, IMPLIED OR STATUTORY, AND ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS ARE SPECIFICALLY DISCLAIMED. ISO Productions DOES NOT WARRANT ANY PARTICULAR RESULT FROM USE OF THE SOFTWARE OR SITE. ISO Productions DOES NOT WARRANT THAT THE INFORMATION ON THE SITE IS ACCURATE, COMPLETE OR COMPLIES WITH ANY PARTICULAR LAW OR REGULATION, OR THAT THE OPERATION OF AND YOUR ACCESS TO THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE OR COMPLETELY SECURE. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (TORT, CONTRACT OR OTHERWISE) SHALL ISO Productions OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, SHAREHOLDERS, DIRECTORS, OFFICERS, THIRD PARTY CONTENT PROVIDERS, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF DATA, LOSS OF PRODUCTIVITY OR CONTRACT, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. YOUR USE OF THIS SITE IS AT YOUR SOLE RISK AND ANY CONTENT THAT YOU DOWNLOAD IS DOWNLOADED AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM IN EXCESS OF THE AMOUNT ISO Productions RECEIVED FROM THE MEMBER FOR A MEMBERSHIP TO ACCESS THE filemakermagazine.com CONTENT, AND FOR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY SUCH CONTENT, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES. IN NO EVENT WILL ISO Productions BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT ISO Productions RECEIVED FROM THE MEMBER FOR A MEMBERSHIP TO ACCESS filemakermagazine.com CONTENT, EVEN IF ISO Productions SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN NO EVENT WILL WARRANTIES PROVIDED BY LAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM THE NEGLIGENCE OR AN OMISSION OF ISO Productions, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. ISO Productions IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE. NO DEALER, AGENT, OR EMPLOYEE OF ISO Productions IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSION, OR ADDITIONS TO THESE LIMITED WARRANTIES OR DISCLAIMERS. ISO Productions DISCLAIMS ALL WARRANTIES, AND SHALL HAVE NO LIABILITY FOR DAMAGES IN EXCESS OF THE AMOUNT ISO Productions RECEIVED FROM THE MEMBER, ARISING FROM OR RELATED TO ANY SUPPORT SERVICES FOR YOUR USE OF THE SITE. THE LAWS OF YOUR JURISDICTION MAY PROHIBIT OR MODIFY THE FOREGOING DISCLAIMERS AND LIMITATIONS ON DAMAGES, AND SUCH DISCLAIMERS OR LIMITATIONS ON DAMAGES MAY NOT APPLY TO YOU.

10. Third-Party Content; Hyperlinks.

You acknowledge that ISO Productions does not pre-screen third-party materials. ISO Productions is not the publisher or author of any information on the Site that is provided by third-party content providers, and ISO Productions is not liable for any claims related to such information. Content provided by third parties is for informational purposes only, and ISO Productions’s use of the content constitutes neither an endorsement nor a recommendation by ISO Productions of the content. ISO Productions assumes no responsibility for third-party products or services. ISO Productions may contain links and references to other third-party websites and materials. ISO Productions does not assume any responsibility for these websites or materials and provides these links or materials solely for the convenience of Users. ISO Productions does not endorse or otherwise recommend any of these third-party websites, references, or the products, services, or information there offered. ISO Productions may disable any hyperlink to the Site. ISO Productions has the right but not obligation to monitor third-party websites and hyperlinks to the Site. ISO Productions MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED, OF THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THE INFORMATION PROVIDED BY THIRD PARTIES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY INFORMATION FOUND ON A LINK LOCATED ON THIS SITE THAT ALLOWS USERS TO ACCESS INFORMATION FOUND ON ANOTHER SITE. ADDITIONALLY, ISO Productions DOES NOT WARRANT THE EXISTENCE OR FUNCTIONALITY OF ANY WEBSITE WHICH CAN BE ACCESSED THROUGH A LINK LOCATED ON THIS SITE.

11. Copyrights, Trademarks and Other Proprietary Rights.

ISO Productions or its third-party content providers shall retain all worldwide rights in the intellectual property in and on the Site, including, but not limited to, trademarks, service marks, trade dress, inventions, ideas, trade secrets, source code not falling under an open source license, the HTML code, the "look and feel" of the Site, its color combinations, layout, and all other graphical elements, and the copyrights in and to its original content. You should assume that everything You read or see on the Site is copyrighted, trademarked, or otherwise protected and owned or licensed by ISO Productions. Except as expressly stated on the Site or in these Terms, nothing that You read or see on the Site or in the filemakermagazine.com Content may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use without the prior written consent of ISO Productions, except as provided in these Terms. Nothing in these Terms grants You an express or implied license to use any of ISO Productions’s intellectual property except as set forth in Section 4. If You submit any unsolicited intellectual property, idea, copyrightable material, invention, discovery, improvement, trade secret or know-how to ISO Productions, You may forfeit Your intellectual property rights and moral rights contained in such communication or material.

12. Indemnification.

User agrees to defend, indemnify and otherwise hold harmless ISO Productions and its officers, directors, agents, employees, shareholders, successors and assigns from and against any cause of action or claim, including court costs, expenses and attorney fees, related to or arising from User’s Prohibited Conduct or other improper or illegal use of the Site, or breach of these Terms.

13. Security; Authorized Use.

Users are prohibited from violating or attempting to violate the security of the Site. ISO Productions has the right but not the obligation to investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators. ISO Productions may suspend Your Access while it conducts an investigation. Users are required to enter a username and password to Access filemakermagazine.com Content. To protect against unauthorized Access to Your account, it is recommended that You close the browser when You have finished using the Site. You are responsible for maintaining the secrecy of Your username and password. You represent and warrant that You are the person on whose behalf You claim to accept these Terms, or, if You are entering into these Terms on behalf of a person or entity, You represent and warrant that You have the power and authority to enter into these Terms and bind the person or entity. You also represent and warrant that You are an adult who is legally able to enter into these Terms. You may not use the account, username or password of someone else at any time. You agree to notify ISO Productions immediately of any unauthorized use or loss of Your account, username, password and/or credit card information. You also agree to notify ISO Productions immediately if You are aware of or suspect other unauthorized use of the Site and/or the Site content. ISO Productions will not be liable for any loss that You incur as a result of someone else using Your username and password with or without Your knowledge. You may be held liable for any losses incurred by ISO Productions, its affiliates, officers, directors, employees, consultants, agents or representatives due to someone else’s use of Your account, username or password. ISO Productions will never ask You for Your password. If You need a new username and/or password, ISO Productions will generate a new username and password automatically through its computers and send it to Your email.

14. Termination of Agreement.

In addition to ISO Productions’s other rights, it may terminate this Agreement at any time and at its sole and absolute discretion. ISO Productions may also terminate Access to filemakermagazine.com Content or cancel memberships to the filemakermagazine.com Service without notice if it believes, in its sole judgment, that You have breached or may breach any term or condition of this Agreement, or engaged in conduct that ISO Productions deems inappropriate. In the event of termination of this Agreement, the provisions in this Section and the provisions found in Sections 2, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 and 17 shall survive in perpetuity. Each Member’s obligation to pay outstanding membership fees shall survive any termination of this Agreement.

15. Privacy Policy.

ISO Productions values Your trust. In order to honor that trust, all of ISO Productions’s employees are required to adhere to ethical standards in gathering, using, and safeguarding any information You provide. For more information, please review ISO Productions’s Privacy Policy (https://filemakermagazine.com/privacy), the terms of which are incorporated into this Agreement as if set forth in full.

16. Miscellaneous.

These Terms constitute the entire agreement between ISO Productions and User regarding the subject matter hereof. Any previous agreement, whether oral or written, between ISO Productions and User dealing with the subject matter hereof is superseded. These Terms may only be modified or amended in writing. If any portion of these Terms is determined to be unenforceable for any reason, such portion will be deemed severed and the remaining terms and conditions shall continue in full force and effect. Upon User’s breach or threatened breach of these Terms, ISO Productions may pursue any legal or equitable remedy available, including but not limited to, direct, consequential and punitive damages and injunctive relief. ISO Productions’s remedies are cumulative and not exclusive. Failure of ISO Productions to exercise any remedy or enforce any portion of this Agreement at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. User agrees that regardless of any statute or law to the contrary, any claim or action arising out of or regarding this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. By Accessing the Site, User signs for and accepts this shortening of the statutes of limitations. ISO Productions makes no representation that the content of the Site is appropriate or available for use in all locations. ISO Productions operates this Site from the United States and makes no representation that the Site complies with any foreign or international laws. You agree to comply with all applicable local laws, including any international laws, in using this Site. You may not assign Your rights or delegate Your duties under these Terms. The parties agree that no third party is an intended beneficiary of these Terms. ISO Productions cannot provide notifications via post, only email.

17. Governing Law; Dispute Resolution; Forum and Venue.

This agreement will be governed by the laws of the State of Rhode Island and Providence Plantations applicable to contracts executed and fully performed in Rhode Island. In the event of a dispute, the parties shall engage in a good faith effort to reach an amicable resolution, with or without the assistance of a mediator, prior to commencing legal action. The parties hereby consent to the exclusive jurisdiction of the State and Federal courts in the State and County of Rhode Island to adjudicate any dispute that may arise between them. Neither party shall have the obligation to post a bond or demonstrate actual harm before bringing a claim or action for injunctive relief. Each party shall bear his/her/its own expenses and attorney’s fees related to any arbitration, claim or action.