Terms and Conditions
Last Updated date: January 31, 2020
Acceptance of Terms and Conditions
Changes to Terms and Conditions
Accessing Our Site
Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Site without notice. We will not be liable if for any reason our Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Site, or our entire Site. We have the right to terminate your access to the Site if we determine that you have failed to comply with any of the provisions of these Terms and Conditions. You are solely responsible for keeping confidential any password you may be granted to access our Site. We advise you not to share your password, payment methods or any other information associated with our Site or your account with anyone.
Use of Our Site
By accessing our Site, you agree to use our Site, including all features and functionalities associated therewith and all content and software associated therewith, in accordance with all applicable laws, rules, and regulations, including public performance limitations or other restrictions on the use of the service or content therein. In addition, the following restrictions apply to your use of our Site:
(a) You shall not upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with our Site;
(b) You shall not interfere with the servers or networks connected to any portions of our Site or to violate any of the procedures, policies or regulations of networks connected to our Site;
(c) You shall not to impersonate any other person while using our Site, conduct yourself in a vulgar or offensive manner while using our Site, or use our Site for any unlawful purpose;
(d) You shall not attempt to gain unauthorized access to our Site, the server on which our Site is stored or any server, computer, or database connected to our Site;
(e) You shall not use our Site in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
(f) You shall not use our Site to send, knowingly receive, upload, download, use or reuse any material which does not comply with all relevant provisions of these Terms and Conditions;
(g) You shall not use our Site to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam); or
(h) You shall not use our Site to knowingly transmit any data; send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other malicious or harmful programs or similar computer code designed to attack our Site (via a denial-of-service attack or a distributed denial-of-service attack); or otherwise adversely affect the operation of any computer software or hardware.
Use of Our Streaming Service
We provide streaming Products and Services and non-streaming digital downloads over the internet to certain devices (“Streaming Service”). We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we operate Streaming Service. Any description of how Streaming Service works should not be considered a representation or obligation with respect to how the service will always work. Some or all of our video content is provided through a third-party service. We are constantly making adjustments to the Streaming Service and often these adjustments are not completely captured within these Terms and Conditions. Similarly, the third-party provider often makes adjustments to the services provided and the Company expressly disclaims and liability or responsibility for the functionality, accessibility, and content of third-party sites.
(a) Availability of Streaming Service:
The availability of Streaming Service will change from time to time, and from country to country. The quality of Streaming Services may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your internet connection. We will stream a small amount of data to your device as a buffer each time you start Streaming Service. Frequently starting and stopping Streaming Service will result in a minor increase to the amount of data the Company streams to you per hour. You are responsible for ensuring that you have internet access and for all internet access charges. Please check with your internet provider for information on possible Internet data usage charges. The Company makes no representations or warranties about the quality of Streaming Service.
Streaming Service may be unavailable to you from time to time in connection with maintenance or for other technical or non-technical reasons, and, as a result, without prior notice to you, some or all Products or Services ordinarily available via Streaming Service may cease to be available.
(b) Initiation of Streaming Service:
The amount of time it takes to initiate Streaming Service on a device will vary based on a number of factors, including your location, available bandwidth at the time, the particular Product or Service you have selected and the configuration of your device. In addition, you must be connected to the internet throughout the period in which you are accessing Streaming Service.
(c) Geographic Limitations:
You may access Streaming Service only in geographic locations where we offer Streaming Service. In addition, the content that may be available to watch may vary by geographic location.
(d) Software for Accessing Streaming Service:
Streaming service software is licensed to the company and is designed to enable streaming of content from the company to certain devices. This software is licensed to you by the company pursuant to these terms and conditions and solely for the purpose of using streaming service and for no other purpose whatsoever. We do not warrant the performance of this software, including its continuing compatibility with our service. You may not copy or reproduce the software nor may you decompile, reverse engineer, disassemble, modify or creative derivative works of any of the software, or any portion thereof. Any unauthorized use of the software is strictly prohibited, and the company reserves the right to terminate your use.
By using streaming service, you acknowledge and agree to receive, without further notice or prompting, updated versions of the software related to the streaming service. If you do not accept the foregoing terms, do not use the streaming service. We do not warrant that any of the software used and or licensed in connection with streaming service will be compatible with other third-party software nor do we warrant that operation of streaming service and the associated software will not damage or disrupt other software or hardware. In addition, we do not take responsibility or otherwise warrant the performance of devices used in connection with streaming service, including the continuing compatibility of the device with our service. By using streaming service, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with streaming service. Any issues related to streaming service, including any system requirements, are covered and limited by these terms and conditions.
User Created Content
We permit you to post or send to us comments, information, ideas, concepts, reviews, or techniques and other material relating to Products and Services (each a “Response”).
(a) Restrictions on Response Content:
You are not permitted to post Responses that contain: harsh, profane or discriminatory language; illegal, obscene, threatening, defamatory or otherwise objectionable content; URLs, phone numbers, mailing or e-mail addresses, other personal information; misleading information regarding the origin of the Response; or a discussion of the Company’s policies or services. We reserve the right to reject, remove or edit any such Responses at any time without notice to you. You understand and agree that we may, but are not obligated to, review Responses and may delete or remove them (without notice to you) in our sole and absolute discretion, for any reason or no reason. In addition, we may use Responses for the purposes set forth under the “Use of Responses: License Grant” section below.
(b) Use of Responses: License Grant:
The Company is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (each a “Response”), without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Site or the Products and Services. Furthermore, by posting any Response on our site, submitting a Response to us, or in responding to questionnaires, you grant us a perpetual, worldwide, non-exclusive, royalty-free irrevocable license, including the right to sublicense such right, and right to display, use, reproduce or modify the Response submitted in any media, software or technology of any kind now existing or developed in the future. The Company expressly disclaims liability for the content and accuracy of such responses.
By submitting a response, you understand and agree that you are consenting to the release of all information provided in your response, including your rating of a product or service, to a public forum, including other users of our site. If you do not want your responses to be shared in a public forum, do not use the response feature on our site.
Consent to Cross-border Transfers
Linking to and Links from Our Site
Grant of Limited License to Use the Products and Services
Ordering Products or Services
(a) Restrictions on Purchases of Products and Services:
(i) Restrictions on Geographic Availability:
Some restrictions are placed on the extent to which we accept orders for Products or Services from specific locations or jurisdictions. These restrictions may be noted on the Site. Please contact Member Services at 877-448-6839 with any questions on the availability of any Products or Services, before ordering Products and Services from us.
(ii) Restrictions on Age of Purchaser:
(b) Orders for Digital Download or Streaming Service:
When you place an order to purchase any downloadable Products or Services, we will send you a confirmatory email that will contain details of what you have ordered, any delivery charges, as well as details regarding how you can download them. When you are purchasing a downloadable or streaming Product or Service, the Contract between us relating to such downloads or streaming Products or Services will only be formed once we make those Products and Services available for you to download from our servers.
The price of any Products and Services will be as quoted on our Site, except in cases of obvious error. Prices are liable to change at any time, but changes will not affect orders for which we have already sent you a confirmation email.
Our Site contains a large number of Products and Services and it is always possible that, despite our best efforts, some of the Products and Services listed on our Site may be incorrectly priced. If a Product’s correct price is higher than the price stated on our Site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection. In such circumstances, we are under no obligation to provide the Product or Service to you at the incorrect (lower) price, even after we have sent you a Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as incorrect pricing.
Payment for all Products and Services must be by credit or debit card. We accept payment with American Express, Visa, MasterCard, and Discover. We will not charge your credit or debit card until we dispatch your order. Any agreement between you and the issuer of your credit card, debit card, or other form of payment governs your purchases of any Products or Services. Input of credit card information or other payment information is considered consent to use that information for the limited purpose of payment processing. We disclaim liability for improper use or handling of payments by third-party payment processors. You agree that the Company is not party to any agreement or dispute with your credit card company or other payment processor.
We reserve the right to accept or reject any payment in any form.
The trademarks, trade names, trade dress, logos, and service marks (collectively, the “Trademarks”) displayed on this Site are the registered and/or unregistered Trademarks of Company, or such third party that may own the displayed Trademarks. Nothing contained on this Site or in the Terms serves to grant to you, by implication or otherwise, any license or right to use any Trademarks displayed on this Site without the express written permission of Company or such third party that may own the displayed Trademarks.
(b) Site Contents and Copyright:
The text, Trademarks, logos, images, graphics, photos, video files, application functionality, or any other digital media, the Products Services available through our Site and their arrangement, coding, and functionality on this Site (“Company Intellectual Property”) are all subject to patent, copyright, trademark and other intellectual property protection. Company Intellectual Property may not be copied for commercial use or distribution, nor may Company Intellectual Property be modified, processed, or reposted to other websites for commercial purposes without our express written permission. Access is granted to this Site solely for your use of Company services for personal entertainment, information, education, and communication with Company. You may download a copy or print the content of this Site for your personal non-commercial use only. You are not permitted to copy, print, download, or use the content of this Site for commercial use. No right, title or interest in any of the Content of this Site is transferred to you as a result of any downloading, copying, printing or use of this Site. All such rights in Company Intellectual Property, not expressly granted by the Company, are reserved to only the Company. You are not permitted to modify the paper or digital copies of Company Intellectual Property, or to use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
The Company’s Products and Services are provided for your personal use only. You agree not to resell, copy, or redistribute these materials, nor may you use it for any commercial purpose.
Digital Millennium Copyright Act
Pursuant to our rights under the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. §512, any copyright infringement notices for claims of infringement related to materials found on this Site should be directed to: U.S. & Texas LawShield, Office of General Counsel, 1020 Bay Area, Suite 220, Houston, Texas 77058.
(a) DMCA Infringement Notification.
To be effective, your infringement notification must include the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material or content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or have access disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party, including address, telephone number and email address where the complaining party may be contacted;
5. The following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”; and
6. The following statement: “The information in this notification is accurate, and under penalty of perjury, I swear that I am the copyright owner or that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
Upon receipt of the written notification containing the information as outlined in 1 through 6 above:
1. We will remove or disable access to the content that is alleged to be infringing;
2. We will forward the written notification to the alleged infringer; and
3. We will take reasonable steps to promptly notify the alleged infringer that we have removed or disabled access to the content.
(b) DMCA Infringement Counter Notification
Pursuant to the DMCA, after the alleged infringer receives a notice of infringement from Company, the alleged infringer will have the opportunity to respond to Company with a counter notification (“Counter Notification”). To be effective, a Counter Notification must be a written communication provided to Company’s designated copyright agent, and must include the following:
1. A physical or electronic signature of the subscriber;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled;
3. The following statement: “I swear under penalty of perjury that it is my good faith belief that the material identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;” and
4. The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of the federal district court for the judicial district in which the subscriber’s address is located, or if the subscriber’s address is outside of the United States, or any judicial district in which Company may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person.
Upon the copyright agent’s receipt of a Counter Notification containing the information as outlined in 1 through 4 above, the DMCA provides that the removed material will be restored or access re-enabled and we will comply with this requirement as required by law, provided that the designated agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our network.
Commentary, testimonials, reviews, and other materials posted on our Site along with the Products and Services themselves are not intended to amount to advice on which reliance should be placed. We, therefore, disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Site, or by anyone who may be informed of any of its contents. Content on the Site, and the facts and laws on which the content is based, are subject to change without notice. Any of the material on our Site may be out of date at any given time, and we are under no obligation to update such material. The Company is not responsible and expressly disclaims any liability for the user’s reliance on any content from the Site.
Our liability for losses you suffer as a result of us breaching this agreement, including deliberate breaches, is strictly limited to the purchase price of the Product you purchased.
(a) Disclaimer of Warranties and Limitations of Liability
THE PRODUCTS AND SERVICES PROVIDED IN AND THROUGH THE SITE IS NOT LEGAL ADVICE. THE COMPANY IS NOT A LAW FIRM, AND THE EMPLOYEES AND CONTRACTORS (INCLUDING ATTORNEYS, AND INDEPENDENT PROGRAM ATTORNEYS, IF ANY) OF THE COMPANY ARE NOT ACTING AS YOUR ATTORNEYS, AND NONE OF THEM ARE A SUBSTITUTE FOR THE ADVICE OF YOUR OWN ATTORNEY OR LAW FIRM LICENSED TO PRACTICE LAW IN YOUR STATE. THE EMPLOYEES OR CONTRACTORS OF THE COMPANY WHO PROVIDE PRODUCTS AND SERVICES ARE NOT PROVIDING LEGAL OR ANY OTHER KIND OF ADVICE, ARE NOT CREATING OR ENTERING INTO AN ATTORNEY-CLIENT RELATIONSHIP. EVEN THOUGH WE TAKE EVERY REASONABLE EFFORT TO ATTEMPT TO MAKE SURE THE INFORMATION ON THE SITE IS ACCURATE, UP TO DATE, AND USEFUL, WE RECOMMEND THAT YOU CONSULT A LAWYER LICENSED TO PRACTICE LAW IN YOUR STATE IF YOU WANT PROFESSIONAL ASSURANCE THAT OUR MATERIALS, AND YOUR INTERPRETATION OF IT OR THEM, AND THE INFORMATION AND INPUT THAT YOU PROVIDE, IS APPROPRIATE TO YOUR PARTICULAR SITUATION. YOU ARE RESPONSIBLE FOR SEEKING LEGAL ADVICE FOR ANY INCIDENT OR CASE PENDING AGAINST YOU. THESE PRODUCTS AND SERVICES ARE NOT GUARANTEED TO BE CORRECT, COMPLETE OR UP-TO-DATE. THE COMPANY’S SITE IS NOT A SUBSTITUTE FOR THE ADVICE OF YOUR OWN ATTORNEY.
YOU CANNOT BECOME A PROFESSIONAL BASED ON THE PRODUCTS AND SERVICES FOUND ON THE SITE. YOU ARE THEREFORE STRONGLY ENCOURAGED TO REVIEW THE CONTENTS OF THE SITE AGAINST OTHER SOURCES AND OBTAIN TRAINING BEFORE ATTEMPTING TO UTILIZE ANY OF THE PRODUCTS AND SERVICES DESCRIBED ON THE SITE.
THE PRODUCTS AND SERVICES ON THE SITE DESCRIBE SCENARIOS WHERE THERE IS A RISK OF INJURY, DEATH, CRIMINAL PROSECUTION AND/OR CIVIL LIABILITY. THE COMPANY HAS NO WAY OF KNOWING WHETHER YOU POSSESS THE SKILL AND TRAINING TO SAFELY AND LAWFULLY UTILIZE THE PRODUCT AND SERVICES ON THE SITE. CONSEQUENTLY, THE COMPANY DISCLAIMS ANY AND ALL LIABILITY FOR ANY INJURY AND DAMAGES RESULTING FROM THE SITE. RELIANCE ON THE SCENAIROS DESCRIBED IN THE SITE ARE AT YOUR OWN RISK.
THE PRODUCTS AND SERVICES ON THE SITE ARE PROVIDED SOLELY FOR THE USER OF THE SITE FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE PRODUCTS AND SERVICES (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SITE IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE SERVICES AND ALL INFORMATION, AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SITE, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY DATA FROM ANY THIRD PARTY OR FOR ANY INTERRUPTIONS IN THE AVAILABILITY OF ANY SERVICE, WHETHER THE RESULT OF ACTIONS BY THE COMPANY OR ANY THIRD PARTY.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE COMPANY’S, ITS AFFILIATES’, AGENTS’, LICENSORS’ AND SUPPLIERS’ DAMAGES IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
(b) Medical or First Aid Content
If you or another are afflicted with any of the injuries outlined in this presentation, or any other condition or symptoms requiring medical attention, the best course of action is to consult a professionally trained expert as early as possible. This presentation contains information relating to general principles of medical care that should not be construed as specific instructions for individuals afflicted with injuries. Treatments described in this presentation may not be applicable to all people; likewise, some people may require treatment or other additional safety measures that are not described herein. This presentation does not constitute a complete and comprehensive training for first aid or gunshot wound aid. Taking a certified first aid course that includes life-saving emergency procedures is suggested.
Some of the activities and methods in this presentation may be inappropriate for certain individuals due to their lack of first aid skills, materials at hand, physical condition, mental condition, or other handicaps. The publishers, presenters, authors, and any other party who has been involved in the preparation of this work, disclaim any liability from any injury, death, loss, or other damaged cause or sustained as a consequence of the use and application, proper or improper, of the information contained in this presentation. Nor do the publishers, presenters, authors, and any other party who has been involved in the preparation of this work, accept any legal responsibility or liability for any errors, omissions, misstatements, or ambiguity contained within this presentation, nor for any inaccuracies, nor for any harm or injury that comes from following the instructions or advice in this presentation. This presentation is designed to provide reasonably accurate information with regard to the subject matters covered.
Every effort has been made to ensure the information in this presentation is correct at the time of presentation. Due to the constantly changing nature of medical science and technology, we do not guarantee the information is accurate, safe, correct, sufficient, up-to-date, or complete, or that it should be considered a substitute for the opinion of a medical professional. The emergency care procedures outlined in this presentation reflect the standard of knowledge and accepted emergency practices in the United States at the time this presentation was published, and are based upon the careful research and professional experience of the authors and presenters. It is the viewer’s responsibility to stay informed of changes in emergency care or gunshot wound first aid procedures. This presentation is not intended as a statement of the standards of care required in any particular situation, because circumstances and the patient’s physical condition can vary widely from one emergency to another. Viewers are encouraged to confirm the information contained herein with other sources.
For the purposes of any medical or first aid product referred to herein, manufacturer’s product information and package inserts should be reviewed for current information, including contradictions, precautions, and instructions. It is the viewer’s responsibility to read and follow all instructions and warnings on product labels or information sheets.
(c) Legal Content
The information presented does not, in any way, advise you concerning the legal authority to perform the activities or procedures discussed or the legal repercussions for performing such activities correctly or incorrectly. Such determinations should be made only with the aid of legal counsel. If you are in an incident involving any use of force or other occurrence as described in the materials, you should consult with a licensed attorney in your state. The presentations on the Site contain information relating to general principles of law and should not be construed as legal advice for any particular incident. The materials and the professionals appearing in the materials are not acting as your attorneys and have not created an attorney-client relationship with you.
Reference herein to any specific commercial product, process, or service by trade name, trademark, manufacturer, or otherwise does not constitute or imply its endorsement or recommendation by the authors, publishers, presenters or any other party who has been involved in the preparation of this work, and such reference shall not be used for advertising or product endorsement purposes. The viewer shall be responsible for any and all medical devices they choose to implement.
In association with the presentation, the publisher, author, presenter(s) and any other party who has been involved in the preparation of this work, make no warranties of any kind, either express or implied, including but not limited to warranties of fitness for a particular purpose, including those with regards to the cover of the First Aid for Gunshot Wounds book or any other product or service. Use of any improvised medical device by a viewer or user is at the viewer’s or user’s risk. The publisher, author, and any other party who has been involved in the preparation of this work, are not responsible as a matter of product liability, negligence, or otherwise, for any injury resulting from the use of any improvised device or product, in any fashion, even based on information contained within this presentation.
No added legal obligations are required or created beyond those existing under the laws of your jurisdiction. While we believe that learning first aid is part of responsible gun ownership, in most jurisdictions, there is no general legal duty or obligation to provide first aid to third-parties absent certain circumstances. Depending upon the laws of your jurisdiction and the circumstances of each incident, you may or may not be legally required to assist someone. Our certification, materials and website are not affiliated with any state, federal or local government and do not create any legal duties beyond the existing laws of your jurisdiction and do not change or alter your legal obligations or duties. You should consult with an attorney in your jurisdiction to determine the requirements under the laws of your jurisdiction.
Some participants may complete the course in more time or less time than 90 minutes, depending upon a number of factors including, but limited to, internet speed, computer hardware and software, general attention and distractions, experience, lack of experience, prior training, personal circumstances, etc. The statements on our website about completing the course and/or getting certified within a certain, stated, or suggested number of minutes are not promises or guarantees that you can or should complete the course in that amount of time. We strongly recommend that you spend as much time as necessary studying the materials.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE COMPANY, ANY PARENT CORPORATION, ITS AFFILIATES, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEY’S FEES) ARISING FROM: (I) YOUR USE OF AND ACCESS TO THE SITE; (II) YOUR VIOLATION OF ANY TERM OF THESE TERMS OF SERVICE; (III) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT; OR (IV) ANY CLAIM THAT ANY RESPONSE SUBMITTED BY YOU CAUSES DAMAGE TO A THIRD PARTY. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS AND CONDITIONS AND YOUR USE OF THE SITE.
Transfer of Rights and Obligations
These Terms and Conditions and any Contract between you and us is binding on you and us and on our respective successors and assigns.
You may not transfer, assign, change, or otherwise dispose of these Terms and Conditions or a Contract, or any of your rights or obligations arising under them, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of these Terms and Conditions or a Contract, or any of our rights or obligations arising under them, at any time.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract or these Terms and Conditions, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any of these Terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful, or unenforceable to any extent, such term, condition, or provision will to that extent be severed from the remaining terms, conditions, and provisions which will continue to be valid to the fullest extent permitted by law.
Notice and Consent to Electronic Communications.
When you visit this Site or send e-mails to us, you are communicating with us electronically. By using this Site, you consent to receive communications from us electronically, including, without limitation, e-mail and text messages. We will communicate with you by e-mail, text messaging or by posting notices to your account on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement for enforceability purposes, including the enforcement of electronic signatures.
Law and Jurisdiction
DISPUTE RESOLUTION BY BINDING ARBITRATION
Please read this carefully. It affects your rights.
Most customer concerns can be resolved quickly and to the customer’s satisfaction by calling our Member Services Department at (877) 448-6839. In the unlikely event that we are unable to resolve your complaint to your satisfaction, we each agree to resolve those disputes through binding arbitration rather than in a court of law. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted.
(a) We mutually agree to arbitrate all disputes and claims between us before a single arbitrator. The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted. It applies, without limitation, to:
claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory;
claims that arose before these or any prior Terms (including, but not limited to, claims relating to advertising);
claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
claims that may arise after the termination of these Terms.
For the purposes of this Arbitration Agreement, references to “you” and “us” include our respective subsidiaries, affiliates, agents, employees, business partners, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms or any prior agreements between us. Beneficiaries include, but are not limited to, those named in an estate planning document.
You agree that, by entering into these Terms, you are waiving the right to a trial by jury or to participate in a class action. These Terms evidence a transaction or website use in interstate commerce, and thus the Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of these Terms.
(b) A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute (“Notice”) to the other party. A Notice to us should be addressed to: Notice of Dispute, General Counsel, U.S. & Texas Law Shield, 1020 Bay Area Blvd., Ste. 220, Houston, TX 77058 (the “Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought (“Demand”). If we do not reach an agreement to resolve the claim within 30 days after the Notice is received, we may commence an arbitration proceeding.
(c) The arbitration will be governed by the Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (the “AAA”), as modified by these Terms, and will be administered by the AAA. We agree that any arbitration hearings will take place in Harris County, Texas. You agree to be bound by the decision of the Arbitration.
(d) Any appeals of Arbitration and any other lawsuits arising from this agreement must be filed in Harris County Texas.
(e) No court shall have jurisdiction over any lawsuits arising from these Terms and Conditions, or the user’s use of the Site in any way, filed against the Company, unless and until the parties complete Arbitration pursuant to this agreement.
These Terms and Conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding, or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking, or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Terms and Conditions.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these Terms.