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We have taken every effort to design our Web site to
be useful, informative, helpful, honest and fun. Hopefully
we’ve accomplished that — and would ask that you let us know
if you’d like to see improvements or changes that would make
it even easier for you to find the information you need and
want.
All we ask is that you agree to
abide by the following Terms and Conditions. Take a few
minutes to look them over because by using our site you
automatically agree to them. Naturally, if you don’t agree,
please do not use the site. We reserve the right to make any
modifications that we deem necessary at any time. Please
continue to check these terms to see what those changes may
be! Your continued use of all websites owned by SURVIVE!
Self-Defense LLC means that you accept those changes.
THANKS AGAIN FOR VISITING!
Restrictions on Use of Our Online Materials
All Online Materials on all websites owned by SURVIVE!
Self-Defense LLC, including,
without limitation, text, software, names, logos,
trademarks, service marks, trade names, images, photos,
illustrations, audio clips, video clips, and music are
copyrighted intellectual property. All usage rights
are owned and controlled by SURVIVE! Self-Defense LLC. You, the visitor,
may download Online Materials for non-commercial, personal
use only provided you 1) retain all copyright, trademark and
propriety notices, 2) you make no modifications to the
materials, 3) you do not use the materials in a manner that
suggests an association with any of our products, services,
events or brands, and 4) you do not download quantities of
materials to a database, server, or personal computer for
reuse for commercial purposes. You may not, however, copy,
reproduce, republish, upload, post, transmit or distribute
Online Materials in any way or for any other purpose unless
you get our written permission first. Neither may you add,
delete, distort or misrepresent any content on any of the
websites owned by SURVIVE! Self-Defense LLC. Any attempts to modify any Online
Material, or to defeat or circumvent our security features
is prohibited.
Everything you download, any software, plus all files,
all images incorporated in or generated by the software, and
all data accompanying it, is considered licensed to you by
SURVIVE! Self-Defense LLC or third-party licensors for your personal,
non-commercial home use only. We do not transfer title of
the software to you. That means that we retain full and
complete title to the software and to all of the associated
intellectual-property rights. You’re not allowed to
redistribute or sell the material or to reverse-engineer,
disassemble or otherwise convert it to any other form that
people can use.
Submitting Your Online Material to Us
All remarks, suggestions, ideas, graphics, comments, or
other information that you send to any websites owned by
SURVIVE! Self-Defense LLC through our
site (other than information we promise to protect under our
privacy policy) becomes and remains our property, even if
this agreement is later terminated.
That means that we don’t have to treat any such
submission as confidential. You can’t sue us for using ideas
you submit. If we use them, or anything like them, we don’t
have to pay you or anyone else for them. We will have the
exclusive ownership of all present and future rights to
submissions of any kind. We can use them for any purpose we
deem appropriate for our SURVIVE! Self-Defense LLC mission, without
compensating you or anyone else for them.
You acknowledge that you are responsible for any
submission you make. This means that you (and not we) have
full responsibility for the message, including its legality,
reliability, appropriateness, originality, and copyright.
Limitation of Liability
SURVIVE! Self-Defense LLC WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY
THAT ACCOMPANY OR RESULT FROM YOUR USE OF ANY OF ITS SITES.
THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY
CAUSED BY ANY:
- USE OF (OR INABILITY TO USE) THE SITE
- USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU
HYPERLINK FROM OUR SITE
- FAILURE OF OUR SITE TO PERFORM IN THE MANNER YOU
EXPECTED OR DESIRED
- ERROR ON OUR SITE
- OMISSION ON OUR SITE
- INTERRUPTION OF AVAILABILITY OF OUR SITE
- DEFECT ON OUR SITE
- DELAY IN OPERATION OR TRANSMISSION OF OUR SITE
- COMPUTER VIRUS OR LINE FAILURE
- PLEASE NOTE THAT WE ARE NOT LIABLE FOR ANY DAMAGES,
INCLUDING:
-
DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY
FOR A LOSS OR INJURY
-
DAMAGES REASONABLY EXPECTED TO RESULT FROM A
LOSS OR INJURY (KNOWN IN LEGAL TERMS AS
"CONSEQUENTIAL DAMAGES.")
-
OTHER MISCELLANEOUS DAMAGES AND EXPENSES
RESULTING DIRECTLY FROM A LOSS OR INJURY (KNOWN IN
LEGAL TERMS AS "INCIDENTAL DAMAGES.")
WE ARE NOT LIABLE EVEN IF WE’VE BEEN NEGLIGENT OR IF OUR
AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES OR BOTH.
EXCEPTION: CERTAIN STATE LAWS MAY NOT ALLOW US TO LIMIT
OR EXCLUDE LIABILITY FOR THESE "INCIDENTAL" OR
"CONSEQUENTIAL" DAMAGES. IF YOU LIVE IN ONE OF THOSE STATES,
THE ABOVE LIMITATION OBVIOUSLY WOULD NOT APPLY WHICH WOULD
MEAN THAT YOU MIGHT HAVE THE RIGHT TO RECOVER THESE TYPES OF
DAMAGES.
HOWEVER, IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL
LOSSES, DAMAGES, INJURIES, AND CLAIMS OF ANY AND EVERY KIND
(WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A
CONTRACT, OR CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER
WRONGFUL CONDUCT, OR THEY’RE CLAIMED UNDER ANY OTHER LEGAL
THEORY) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID IF
ANYTHING TO ACCESS OUR SITE.
Links to Other Site
We sometimes provide referrals to and links to other World
Wide Web sites from our site. Such a link should not be seen
as an endorsement, approval or agreement with any
information or resources offered at sites you can access
through our site. If in doubt, always check the Uniform
Resource Locator (URL) address provided in your WWW browser
to see if you are still in a SURVIVE! Self-Defense LLC -operated site or
have moved to another site. SURVIVE! Self-Defense LLC is not responsible
for the content or practices of third party sites that may
be linked to our site. When websites owned by SURVIVE!
Self-Defense LLC provide links or
references to other Web sites, no inference or assumption
should be made and no representation should be inferred that
any website owned by SURVIVE! Self-Defense LLC is connected with, operates or controls these
Web sites. Any approved link must not represent in any way,
either explicitly or by implication, that you have received
the endorsement, sponsorship or support of any SURVIVE!
Self-Defense LLC
site or endorsement, sponsorship or support of SURVIVE!
Self-Defense,
including its respective employees, agents or directors.
Termination of This Agreement
This agreement is effective until terminated by either
party. You may terminate this agreement at any time, by
destroying all materials obtained from all all websites
owned by SURVIVE! Self-Defense LLC, along with all related documentation and all copies
and installations. SURVIVE! Self-Defense LLC may terminate this
agreement at any time and without notice to you, if, in its
sole judgment, you breach any term or condition of this
agreement. Upon termination, you must destroy all materials.
In addition, by providing material on our Web site, we do
not in any way promise that the materials will remain
available to you. And SURVIVE! Self-Defense LLC is entitled to terminate
all or any part of any of its Web site without notice to
you.
Jurisdiction and Other Points to Consider
If you use our site from locations outside of the United
States, you are responsible for compliance with any
applicable local laws.
These Terms of Use shall be governed by, construed and
enforced in accordance with the laws of the California, as
it is applied to agreements entered into and to be performed
entirely within such jurisdiction.
To the extent you have in any manner violated or
threatened to violate SURVIVE! Self-Defense LLC and/or its affiliates'
intellectual property rights, SURVIVE! Self-Defense LLC and/or its
affiliates may seek injunctive or other appropriate relief
in any state or federal court in the State of California,
and you consent to exclusive jurisdiction and venue in such
courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to
first try to resolve it with the help of a mutually
agreed-upon mediator in the following location: San Diego.
Any costs and fees other than attorney fees associated with
the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually
satisfactory solution through mediation, we agree to submit
the dispute to binding arbitration at the following
location: San Diego, under the rules of the American
Arbitration Association. Judgment upon the award rendered by
the arbitration may be entered in any court with
jurisdiction to do so.
SURVIVE! Self-Defense LLC may modify these Terms of Use, and the
agreement they create, at any time, simply by updating this
posting and without notice to you. This is the ENTIRE
agreement regarding all the matters that have been
discussed.
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