TERMS AND
CONDITIONS OF USE
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 the
ExplosiveSpeedTraining.com Web site means that you accept
those changes.
THANKS AGAIN FOR VISITING!
Restrictions on Use of Our Online Materials
All Online Materials on the ExplosiveSpeedTraining.com
site, 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
ExplosiveSpeedTraining.com. 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 the
ExplosiveSpeedTraining.com site. 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
ExplosiveSpeedTraining.com 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 ExplosiveSpeedTraining.com
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 to our ExplosiveSpeedTraining.com 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
ExplosiveSpeedTraining.com WILL NOT BE LIABLE FOR ANY
DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF
ANY OF ITS SITE.
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 "INCIDENTIAL 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 ExplosiveSpeedTraining.com-operated site or have moved
to another site. ExplosiveSpeedTraining.com is not
responsible for the content or practices of third party
sites that may be linked to our site. When
ExplosiveSpeedTraining.com provides links or references to
other Web sites, no inference or assumption should be made
and no representation should be inferred that
ExplosiveSpeedTraining.com 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 ExplosiveSpeedTraining.com site or
endorsement, sponsorship or support of
ExplosiveSpeedTraining.com, 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 ExplosiveSpeedTraining.com Web
site, along with all related documentation and all copies
and installations. ExplosiveSpeedTraining.com 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 ExplosiveSpeedTraining.com 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 WI, 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 ExplosiveSpeedTraining.com and/or its
affiliates' intellectual property rights,
ExplosiveSpeedTraining.com and/or its affiliates may seek
injunctive or other appropriate relief in any state or
federal court in the State of WI, 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: Dane. 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: Dane, 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.
ExplosiveSpeedTraining.com 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.