THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
YOU MAY NOT ACCESS OR UTILIZE ANY OF THE CONTENT OR MATERIALS FROM THIS SITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH THE POWER OF PREPAREDNESS, LLC ("TPOP LLC"), OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS SITE OR ANY OF THIS SITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
BY USING OR ACCESSING THE SITE AND/OR TPOP LLC's MATERIALS ON THIS SITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
1. Changes to Terms and Conditions. These terms and conditions (these "Terms") apply to the TPOP LLC education materials for workplace or other facility violence and active shooter preparedness accessed and utilized through this site (the "Site"). These Terms are subject to change by TPOP LLC (referred to as "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms before purchasing using or accessing any content on this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.
2. Copyright and other protection. The Site and all video and audio materials, text, images, graphics, lessons, quizzes, tests, and any other content available on the Site (collectively, the “Materials”) are protected by copyright, trademark and other laws. The copyright and other rights in the Site and the Materials are owned by us. You may use the Site and the Materials only in the manner and for the purposes specified in these Terms.
3. Site Use. Only noncommercial uses of the Site and the Materials are permitted. In no event may you alter or modify the Materials, including, without limitation, by adding any advertisement or other material or by interfering with the viewing of any Materials. You also warrant that you are not an agent or employee of any other active assailant preparation and training company and you agree to not use, retransmit, publish, distribute, display or otherwise make available any of the Materials for any other business endeavor or to any other individual or entity. You expressly agree to keep all Materials confidential, and agree not to sell, auction, loan, rent, lease, give away, describe, summarize, or otherwise reveal the Materials or their contents to any other person or entity. Any breach of these Terms automatically terminates your authorized use of the Site, in addition to all other remedies available at law and/or equity.
You are also responsible for making all arrangements necessary for you to have access to the Site and ensuring that all persons who access the Site through your internet connection are aware of these Terms and comply with them.
4. Reserved rights; others’ rights. All rights in the Site and the Materials that are not expressly granted are reserved. You agree to use the Site and the Materials only in ways that comply with all applicable laws, as well as with these Terms, and that do not infringe or violate anyone’s rights.
5. Disclaimer of warranties. THE SITE AND THE MATERIALS ARE PROVIDED “AS IS.”. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR OTHERWISE) REGARDING THE SITE OR THE MATERIALS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, SUFFICIENCY OR QUALITY OF THE SITE OR THE MATERIALS, NOR THAT ANY PARTICULAR CONTENT WILL CONTINUE TO BE MADE AVAILABLE. WE DO NOT WARRANT THAT THE SITE WILL OPERATE WITHOUT ERROR OR INTERRUPTION, OR THAT THE SITE OR ITS SERVER IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIALS.
6. Limitations of liability and remedies. YOUR USE OF THE SITE AND THE MATERIALS ARE AT YOUR OWN SOLE RISK. IN NO EVENT SHALL WE BE LIABLE TO YOU, IN CONTRACT, TORT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER SUCH DAMAGES ARISING OUT OF OR RELATING TO THE SITE OR THE MATERIALS, OR YOUR USE OF THE SITE OR THE MATERIALS, OR THESE TERMS, EVEN IF THE SITE OR MATERIALS ARE DEFECTIVE OR WE ARE NEGLIGENT OR OTHERWISE AT FAULT, AND REGARDLESS OF WHETHER WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ALSO UNDERSTAND AND ACKNOWLEDGE THAT THE MATERIALS ARE FOR EDUCATIONAL PURPOSES ONLY. USER EXPLICITLY ACKNOWLEDGES THAT VIOLENCE IN ANY ENVIRONMENT IS UNIQUE CAN BE SPONTANEOUS, UNPREDICTABLE, AND UNAVOIDABLE, AND USER AGREES THAT THE MATERIALS AND SERVICES CANNOT ANTICIPATE, PREVENT OR MITIGATE VIOLENT EVENTS. TPOP LLC SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY WRONGFUL ACT OF ANY THIRD-PARTY INVOLVING POTENTIAL VIOLENCE OR ANY OTHER TYPE OF RISK, LOSS OR HARM. NOTWITHSTANDING THE PROVISIONS OF THESE TERMS, UNDER ANY AND ALL CIRCUMSTANCES, OUR SOLE AND ENTIRE MAXIMUM LIABILITY FOR ANY REASON AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU, IF ANY, FOR THE MATERIALS THROUGH OUR SITE.
7. Indemnity. You agree to indemnify and hold harmless TPOP LLC, their respective officers, members, managers, employees, agents, contractors, licensors, suppliers, successors, and assigns from and against all claims, actions, suits, damages, liabilities, and costs (including, without limitation, reasonable legal fees) arising from or relating to your use of the Site or any of the Materials, your provision of any content from the Site, and/or your failure to comply with any provision of these Terms.
8. Other sites. Links on the Site to third-party web sites are provided solely as a convenience to you. We do not approve or endorse the content of linked third-party sites, and you agree that we will have no responsibility or liability in connection with your use of any linked third-party sites.
9. Trademarks. Nothing in these Terms or on the Site will be construed as granting you any right or license to use any trademarks, service marks, or logos displayed on the Site including but not limited to “TPOP LLC”, and “The Power of Preparedness”. You agree not to use or register any name, logo, or insignia of TPOP LLC or any of its subdivisions for any purpose except with our prior written approval and in accordance with any restrictions required by us.
10. General. If any provision of these Terms is held to be invalid or unenforceable, that provision, to the extent unenforceable, shall be struck, and shall not affect the validity or enforceability of the remaining provisions. Your rights under these Terms are personal, nonexclusive and nontransferable. Headings are for reference purposes only and in no way define or limit the scope or extent of any provision of these Terms. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. nothing herein shall be deemed to confer any third-party rights or benefits. These Terms set forth the entire understanding and agreement between you and us with respect to this subject matter.
11. Governing Law and Jurisdiction. All matters relating to the Site, the Materials and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Michigan without giving effect to any choice or conflict of law provision or rule (whether of the State of Michigan or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Michigan although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.