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The Web
Site operated by International Firearm Specialist Academy (IFSA) or its
affiliates or subsidiaries is comprised of various Web sites and Web pages. The
IFSA Web Sites are offered to you
conditioned on your acceptance without modification of the terms, conditions,
and notices contained herein. Your use of the IFSA Web Sites constitutes your
agreement to all such terms, conditions, and notices. Your use of a particular
IFSA website included within the IFSA Web Sites network may also be subject to
additional terms outlined elsewhere on that website (the "Additional
Terms"). Additionally, the IFSA Web Sites may themselves contain additional
terms that govern particular features or offers (for example, sweepstakes or
chat areas). In the event that any of the terms, conditions, and notices
contained herein conflict with the Additional Terms or other terms and
guidelines contained within any particular IFSA website, then these terms shall
control. PLEASE
READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THIS WEB
SITE (this
"Site"). By accessing or using this Site, you agree to these terms of
use, conditions and all applicable laws. If you do not agree to these terms you
may not use this Site. Modification
Of These Terms Of Use
IFSA
reserves the right to change the terms, conditions, and notices under which the
IFSA Web Sites are offered, including but not limited to the charges associated
with the use of the IFSA Web Sites. You are responsible for regularly reviewing
these terms and conditions. Use
Of Site. Personal And Non-Commercial Use Limitation.
Unless
otherwise specified, the IFSA Web Sites are for your personal and noncommercial
use. You may not modify, copy, distribute, transmit, display, perform,
reproduce, publish, license, create derivative works from, transfer, or sell any
information, software, products or services obtained from the IFSA Web Sites. You may
display and, subject to any expressly stated restrictions or limitations
relating to specific material, electronically copy, download and print hard copy
portions of the material from the different areas of the Site solely for your
own noncommercial use, or to place an order with IFSA or to purchase IFSA
products. Any other use of materials on this Site, including but not limited to
the modification, reproduction, distribution, republication, display or
transmission of the content of this Site, without prior written permission of
IFSA is strictly prohibited. Harassment
in any manner or form on the Site or any of the IFSA Websites, including via
e-mail and chat or by obscene or abusive language is strictly forbidden.
Impersonation of others, including an IFSA employee, host, or representative or
other members or visitors on the Site is prohibited. You may not upload to,
distribute, or otherwise publish through the Site any content which is libelous,
defamatory, obscene, threatening, invasive of privacy or publicity rights,
abusive, illegal, or otherwise objectionable, or which may constitute or
encourage a criminal offense, violate the rights of any party or otherwise give
rise to liability or violate any law. You may not upload commercial content on
the Site or use the Site to solicit others to join or become members of any
other commercial online service or other organization. Copyrights
And Trademarks.
The entire
content included in this Site, including but not limited to text, design,
graphics, interfaces, or code and the selection and arrangements thereof is
copyrighted as a collective work under the United States and other copyright
laws, and is the property of IFSA. The collective work includes works that are
licensed to IFSA. Copyright 2011 ALL RIGHTS RESERVED. All trademarks, service
marks, and trade names (collectively the "Marks") are trademarks or
registered trademarks of and are proprietary to International Firearm Specialist
Academy, or other respective owners that have granted IFSA the right and license
to use such Marks. Notices
And Procedures For Making Claims Of Copyright Infringement.
Pursuant
to Title 17, United States Code, Section 512(c)(2), notifications of claimed
copyright infringement should be sent to the website's designated agent. ALL
INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL
RECEIVE NO RESPONSE. IFSA
respects the intellectual property of others, and we ask our users and visitors
to do the same. IFSA will process and investigate notices of alleged
infringement and will take appropriate actions under the Digital Millennium
Copyright Act ("DMCA") and other applicable intellectual property
laws. Upon receipt of notices complying with the DMCA, IFSA will act to remove
or disable access to any material found to be infringing or found to be the
subject of infringing activity and will act to remove or disable access to any
reference or link to material or activity that is found to be infringing. If you
believe that your work has been copied in a way that constitutes copyright
infringement, please provide IFSA the following information. Please be advised
that to be effective, the Notification must include ALL of the following:
Notices
of claimed copyright infringement should be directed to: By Mail:
The
International Firearm Specialist Academy By Fax:
(813)
818-2800 By Email:
info@gunlearn.com
(Please include "Notice of Infringement" in the subject line.) IMPORTANT
NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING IFSA THAT
YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS
PRODUCT OR SERVICE RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL
NOT RECEIVE A RESPONSE THROUGH THIS PROCESS. Typographical
Errors.
In the
event an IFSA product or service is listed at an incorrect price due to
typographical error or error in pricing information received from our suppliers,
IFSA shall have the right to refuse or cancel any orders placed for product or
service listed at the incorrect price. IFSA shall have the right to refuse or
cancel any such orders whether or not the order has been confirmed and your
credit card charged. If your credit card has already been charged for the
purchase and your order is canceled, IFSA shall issue a credit to your credit
card account in the amount of the incorrect price. Term;
Termination.
These
terms and conditions are applicable to you upon your accessing the Site and/or
completing the registration or shopping process. These terms and conditions, or
any of them, may be modified or terminated by IFSA without notice at any time
for any reason. The provisions relating to Copyrights and Trademarks,
Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable Laws,
Arbitration and General, shall survive any termination. User
Participation.
IFSA does
not and cannot review all communications and materials posted to or created by
users accessing the Site and is not in any manner responsible for the content of
these communications and materials. You acknowledge that by providing you with
the ability to view and distribute user generated content on the Site, IFSA is
merely acting as a passive conduit for such distribution and is not undertaking
any obligation or liability relating to any contents or activities on the Site.
However, IFSA reserves the right to block or remove communications or materials
that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent,
deceptive, or misleading, (c) in violation of a copyright, trademark or; other
intellectual property right of another or (d) violates any law or regulation or
(e) offensive or otherwise unacceptable to IFSA at its sole discretion. Note
that any personally identifiable information you may post or transmit will be
treated by IFSA in accordance with IFSA 's Privacy
Statement. User
Submissions.
Except for
any personally identifiable information we may collect from you under the
guidelines established in our Privacy Statement,
any material, information or other communication you transmit, upload or post to
this Site ("Communications") will be considered non-confidential and
non-proprietary. IFSA will have no obligations with respect to the
Communications. IFSA and its designees will be free to copy, disclose,
distribute, incorporate and otherwise use the Communications and all data,
images, sounds, text, and other things embodied therein for any and all
commercial or noncommercial purposes. User
Chat Rooms.
IFSA may,
but is not obligated to, monitor or review any areas on the Site where users
transmit or post Communications or communicate solely with each other, including
but not limited to chat rooms, bulletin boards or other user forums, and the
content of any such Communications. IFSA, however, will have no liability
related to the content of any such Communications, whether or not arising under
the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise. Third-Party
Links.
In an
attempt to provide increased value to our visitors, this Site may contain links
to other sites on the Internet that are owned and operated by third party
vendors and other third parties (the "External Sites"). However, even
if the third party is affiliated with IFSA, IFSA has no control over these
linked sites, all of which have separate privacy and data collection practices,
independent of IFSA. IFSA has no responsibility or liability for these
independent policies or actions and is not responsible for the privacy practices
or the content of such web sites. These linked sites are only for your
convenience and therefore you access them at your own risk. Links do not imply
that IFSA sponsors, endorses, is affiliated with or associated with, or has been
legally authorized to use any trademark, trade name, service mark, design, logo,
symbol or other copyrighted materials displayed on or accessible through such
External Sites. Nonetheless, IFSA seeks to protect the integrity of its Site and
the links placed upon it and therefore requests any feedback on not only its own
Site, but for sites it links to as well (including if a specific link does not
work).You should contact the Site administrator or Webmaster for those External
Sites if you have any concerns regarding such links or the content located on
such External Sites. Claims.
Each claim
or statement about the effectiveness of IFSA products and/or each claim or
statement comparing the effectiveness of IFSA products to the effectiveness of
other products is expressly limited to the United States, unless otherwise
disclosed on the Site. Disclaimer.
International
Firearm Specialist Academy makes no warranties or representations about the
accuracy or completeness of this Site's content or the content of any site or
External Sites. International
Firearm Specialist Academy does not filter advertisements or other content that
children may view through our sites or "hot-linked" sites, and they
could receive content and materials from the Internet and/or advertising that
are inappropriate for children. We encourage parents and guardians to spend time
online with their children and to consider using an electronic filtering
software. THIS SITE
AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS SITE, INCLUDING,
WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED "AS IS"
AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST
EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INTERNATIONAL FIREARM SPECIALIST
ACADEMY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM
COURSE OF DEALING OR COURSE OF PERFORMANCE. INTERNATIONAL FIREARM SPECIALIST
ACADEMY DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE
WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT
THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. INTERNATIONAL FIREARM SPECIALIST ACADEMY DOES NOT MAKE
ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS
SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY,
USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT
APPLY TO YOU. Limitation
of Liability.
IN NO
EVENT SHALL INTERNATIONAL FIREARM SPECIALIST ACADEMY BE LIABLE FOR ANY DIRECT,
INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR
ANY DAMAGES WHATSOEVER, EVEN IF INTERNATIONAL FIREARM SPECIALIST ACADEMY HAS
BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION
UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION
WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES,
PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY
NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY
LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. Indemnification.
You agree
to indemnify, defend, and hold harmless IFSA, its officers, directors,
employees, agents, licensors and suppliers (collectively the
"Provider") from and against all losses, expenses, damages and costs,
including reasonable attorneys' fees, resulting from any violation of these
terms and conditions or any activity related to your Internet account (including
negligent or wrongful conduct), by you or any other person accessing the Site
using your Internet account. Applicable
Laws.
Your use
of this Site shall be governed in all respects by the laws of the state of
Florida, U.S.A., without regard to choice of law provisions, and not by the 1980
U.N. Convention on contracts for the international sale of goods. You agree that
jurisdiction over and venue in any legal proceeding directly or indirectly
arising out of or relating to this Site (including but not limited to the
purchase of IFSA products) shall be in the state or federal courts located in
Hillsborough County, Florida. Any cause of action or claim you may have with
respect to the Site (including but not limited to the purchase of IFSA products)
must be commenced within one (1) year after the claim or cause of action arises.
IFSA 's failure to insist upon or enforce strict performance of any provision of
these terms and conditions shall not be construed as a waiver of any provision
or right. Neither the course of conduct between the parties nor trade practice
shall act to modify any of these terms and conditions. IFSA may assign its
rights and duties under this Agreement to any party at any time without notice
to you. IFSA makes
no representation that materials in the Site are appropriate or available for
use in other locations, and access to them from territories where their content
is illegal is prohibited. Those who choose to access this Site from locations
outside Florida do so on their own initiative, and are responsible for
compliance with applicable local laws. You may not use or export the materials
in violation of U.S. export laws and regulations. Any claim relating to the
materials shall be governed by the internal substantive laws of the State of
Florida. Arbitration.
By using
this Site, you agree that IFSA, at its sole discretion, may require you to
submit any disputes arising from the use of this Site, or these Terms and
Conditions concerning or, including disputes arising from or concerning their
interpretation, violation, nullity, invalidity, non-performance or termination,
as well as disputes about filling gaps in this contract or its adaptation to
newly arisen circumstances, to final and binding arbitration under the
International Rules of Arbitration of the American Arbitration Association, by
one or more arbitrators appointed in accordance with the said Rules.
Notwithstanding these rules, however, such proceeding shall be governed by the
laws of the state as set forth in the previous section. Any award
in an arbitration initiated under this clause shall be limited to monetary
damages and shall include no injunction or direction to any party other than the
direction to pay a monetary amount. Further, the arbitrator(s) shall have no
authority to award punitive, consequential or other damages not measured by the
prevailing party's actual damages in any arbitration initiated under this
section, except as may be required by statute. General.
IFSA may
revise these Terms at any time by updating this posting. You should visit this
page from time to time to review the then-current Terms because they are binding
on you. Certain provisions of these Terms may be superseded by expressly
designated legal notices or terms located on particular pages at this Site.
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