Terms & Conditions of Use Agreement
Thank you for visiting our website. In this Terms & Conditions of Use Agreement, “DMI”, “we”, “our” or “us” refers to Defense Marketing Instructors, LLC, ShootingClasses.com (the “website”), and its affiliates. Defense Marketing Instructors, LLC and its affiliates provide services and use of the website ShootingClasses.com to you subject to the following terms and conditions.
PLEASE READ THE ENTIRE TERMS & CONDITIONS OF USE CAREFULLY BEFORE YOU USE ANY PART OF THIS WEBSITE. IF YOU DO NOT AGREE TO ALL THE TERMS & CONDITIONS SET FORTH HEREIN YOU MAY NOT USE THIS WEBSITE OR ANY OF ITS FEATURES OR SERVICES. BY USING THIS WEBSITE OR ITS FEATURES OR SERVICES, YOU ARE DEEMED TO HAVE ACCEPTED THESE TERMS & CONDITIONS OF USE IN THEIR ENTIRETY.
- YOU MUST BE AT LEAST 18 YEARS OLD TO USE THIS WEBSITE OR ANY OF ITS FEATURES OR SERVICES.
- USER AGREES TO USE DMI AND SCHEDULE LIVE FIREARM INSTRUCTION AND TRAINING
- COURSES AT THEIR OWN PERIL AND RISK! See Section 14.0 below for more information.
- DMI does not recommend or endorse any specific instructor, training or course available.
Website Privacy/Security Policy
Online account information and certain other information about you are subject to our website Privacy Statement. For more information, please see our full Privacy Statement.
This Terms & Conditions of Use Agreement (“Agreement”) sets forth the website use guidelines and standards of use of DMI. By using the DMI website you (as a “User”) agree to these terms and conditions. A “User” is defined as any visitor to the website including both registered and unregistered visitors and registered instructors and students (all visitors have the ability to browse the DMI website, including through a mobile device). Certain areas or features of this website may be restricted to Users who have obtained an ID and password by completing a registration process described. Users have the ability to register as both a student and/or an instructor for purposes of the website. Please be sure to protect and maintain the confidentiality of any information you may obtain in connection with your use of this website. You agree to notify DMI immediately if you believe your ID, password or other identifying information has been lost, stolen or otherwise compromised. If you do not agree to the terms and conditions of this Agreement, you should immediately discontinue use or viewing of this website.
If you wish to make use of DMI features or services, you agree to the terms in this Agreement and indicate your acceptance of the same by continued use of the website along with acceptance during the registration process. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this Agreement. If we make any material changes we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this website prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our terms and to review our most current terms.
Modifications shall become effective immediately upon being posted at ShootingClasses.com. Your continued use of the DMI website after amendments are posted constitutes acknowledgement and acceptance of the terms. Except as provided in this paragraph, this Agreement may not be amended.
DMI may refuse to offer or continue offering the website to any person for any reason or no reason and may change its eligibility criteria from time to time.
1.0 Description of Service – Limited Use License Agreement
DMI operates the ShootingClasses.com website, which is a website developed in an effort to provide both students and instructors with a platform to make firearms instruction easy. ShootingClasses.com provides the opportunity for Users to match their firearm skill levels with the right instructors and courses around the country. ShootingClasses.com provides access to firearms training from beginner and concealed carry classes to advance tactical training designed for police safety forces around the country. Top instructors from all over the country will teach and students will learn. ShootingClasses.com takes the hassle out of running a firearms training instruction business with its state of the art online class management system, payment processing and calendaring. Focus on your training and your students and less on administrative work.
See our ShootingClasses.com instructor manual here for specifics on registering to become an instructor. Instructors have the ability to set your own policies, student qualifications for any training course or program offered, and costs. Students have the ability to research instructors and classes before signing up to advance their firearms training. Students may not qualify for all classes based on skill level and prior certificates earned.
By visiting this website you are licensed to use the Content only for the purpose of requesting services on this site. The downloading of the whole or significant portions of any content or database is strictly prohibited. Resale of any Content or database or portion thereof, is also prohibited. Violation of this License Agreement may result in legal action being taken against you.
2.0 Registration Process
To become a registered User, the User must complete the registration process by providing DMI (or its service providers, like Stripe.com as its payment processor) with current, complete and accurate information, as more specifically required by the registration procedures. By way of illustration and not limitation: to register, prospective User may be required to specify a username and password, and to provide your name, address, zip code, legitimate electronic mail address and certain additional information (for example, your preferred contact method, firearms training qualifications and goods and services that may be of interest); in order to obtain certain aspects of the Service, Users may also elect to provide access information related to his or her accounts at social networking websites (such as, Facebook, Twitter, Instagram, LinkedIn); and in order to register for classes Users will be required to provide information about your authorized payment method for billing purposes which is being handled by Stripe.com. In the future, DMI may discontinue supporting any particular payment method or it may support additional payment methods (for example, Google Wallet, Amazon Payments, or Apple Pay).
Each User shall maintain and update their registration profile data, to ensure that it is always current, complete and accurate. At its sole discretion, DMI may refuse to accept any User’s registration for any reason.
Upon acceptance, DMI will provide access credentials to the registered User. Each User will be solely liable for any and all activities under User’s account. Multiple User accounts are prohibited. Any individual User may only register for and maintain one (1) account.
3.0 Proprietary Rights to Content
You acknowledge and agree that this website contains information, data, software, photographs, graphics, text, images, logos, icons, typefaces, audio and video material, and/or other material (collectively referred to as “Content”) protected by copyrights, trademarks, patents, service marks, or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed.
By visiting this website you are licensed to use the Content only for the purpose of requesting services. The downloading of the whole or significant portions of any content or database is strictly prohibited. Resale of any Content or database or portion thereof, is also prohibited. Violation of this License Agreement may result in legal action being taken against you.
All Content displayed on this website and all software, data and information used to create this website and the Content, including text and images, method of display and presentation, source code, embedded routines and programs and other materials, as well as all copyrights, trademarks, service marks, patents and other intellectual property rights, or proprietary rights therein or thereto, are owned by DMI, its affiliates, suppliers or licensors, and are protected under U.S. and international copyright, trademark and other applicable laws and treaties including international trade and export laws. All rights not expressly granted to you by us in this License Agreement are reserved to DMI and you acknowledge and agree that you do not acquire any ownership rights by accessing or downloading copyrighted material or Content from the website as authorized hereunder.
Portions of the website will contain User provided content (collectively referred to as “Generated Content”) which includes but is not limited to information, postings, links, audio and video/photographic material, to which Users may contribute appropriate Generated Content. For this Generated Content, DMI is a distributor only. By submitting Generated Content to DMI, the host of the website and related services, a license to the Generated Content to use, host, distribute that Generated Content and allow hosting and distribution of that Generated Content, to the extent and in that form or context we may exclusively deem appropriate. Should you contribute Generated Content to the website, you understand that it may be seen and used by others under the License Agreement described herein. We are under no obligation to use the Generated Content, in whole or in part, that you submit or that is generated as part of the service provided. You should submit or create only Generated Content which will not violate property or other rights of any person or organization. Inappropriate Generated Content provided or created via DMI will be subject to immediate removal. DMI in its sole capacity has the right to determine the appropriateness of any Generated Content. Any User who provides Generated Content that has been deemed inappropriate will be subject to immediate account termination and removal from the website and loss of all rights to any Generated Content.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED BY DMI ON AN “AS IS” AND ON AN “AS AVAILABLE” BASIS ONLY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DMI MAKES NO REPRESENTATIONS OR WARRANTIES OF
ANY KIND, EXPRESS OR IMPLIED, REGARDING THE USE OR THE RESULTS OF THIS WEB WEBSITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. DMI SHALL HAVE NO LIABILITY FOR ANY INTERRUPTIONS IN THE USE OF THIS WEBSITE. IN ADDITION, DMI DOES NOT WARRANT OR REPRESENT THE FOLLOWING: (1) THE WEBSITE WILL MEET YOUR REQUIRMENTS, (2) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION, OR OTHER MATERIALS OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, (5) THE SERVER THAT MAKES THE WEBSITE AVAILABLE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (6) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE INCURRED, INCLUDING BUT NOT LIMITED TO, DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU (AND NOT US OR ANY OF DMI’S AFFILIATED COMPANIES OR ANY OF OUR OR THEIR RESPECTIVE LICENSORS OR VENDORS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION FOR ANY SUCH DAMAGE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS & CONDITIONS OF USE.
THE MATERIAL AVAILABLE THROUGH DMI IS FOR INFORMATIONAL PURPOSES ONLY. BEFORE YOU ACT ON ANY INFORMATION YOU’VE FOUND ON THIS WEBSITE, YOU SHOULD INDEPENDENTLY CONFIRM ANY FACTS THAT ARE IMPORTANT TO YOUR DECISION. IF YOU RELY ON ANY INFORMATION OR SERVICE AVAILABLE THROUGH DMI, YOU EXPRESSLY AGREE THAT YOU DO SO AT YOUR OWN RISK.
DMI DISCLAIMS ALL WARRANTIES WITH REGARD TO THE INFORMATION PROVIDED, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY, IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND IMPLIED WARRANTY OF NON-INFRINGEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES; THEREFORE THE ABOVE-REFERENCED EXCLUSION MAY NOT APPLY TO YOU.
5.0 Limitation of Liability
DMI SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR DMI SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST INCOME, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE USE OR THE INABILITY TO USE THIS WEB WEBSITE OR THE INFORMATION CONTAINED IN IT, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF DATA PROVIDED ON THE WEBSITE BY YOU, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF DMI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6.0 Waiver of Jury Trial
DMI ALONG WITH ANY USER HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.
You agree to indemnify and hold DMI, its subsidiaries, affiliates, officers, agents, attorneys and employees, harmless from any claim or demand of any kind whatsoever, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of the use of this website, the violation of this Agreement, or infringement by another User, of any intellectual property or any other right of any person or entity who may have gained access to DMI by using your ID and password.
8.0 COPPA Notice
CHILDREN ONLINE PROTECTION ACT NOTIFICATION
***Special Note for Parents or Guardians of Children
The website you are visiting was not designed for anyone under the age of 18. We are not responsible for any access or use of this website by children or minors under the age of 18. This website does not sell products designated for purchase by children under the age of 13 or anyone under the age of 18 nor is it designed for their use or entertainment.
Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying providers of such protections are available to you online.
Please see our COPPA Information provided in our Privacy Statement for more information regarding use of this website and children under the age of 13 and anyone under the age of 18.
9.0 Technology Export Control
Through the Bureau of Industry and Security and its use of the Export Administration Regulations, the United States government has implemented export control laws that regulate the export and re-export of technology originating from within the United States. This technology includes the electronic transmission of information or software. The export control laws regulate the exporting or re-exporting of this technology to foreign countries and to certain foreign nationals. You agree to abide by these laws and regulations, including but not limited to, the Export Administration Act, U.S. Foreign Corrupt
Practices Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from the website to either a foreign national or foreign destination in violation of such laws.
10.0 User Account Obligations
All registered instructor and student Users of the website shall provide a password and receive an account with DMI. Instructor and Student Users are entirely responsible for any and all activities which occur under their account whether authorized or not authorized.
You, in registering, specifically consent to the storage and processing of your personal information and Generated Content. In consideration of your use of the website, you agree to:
- Provide true, accurate, current and complete information about yourself or your company as requested; and
- Maintain and promptly update your information to keep it true, accurate, current and
Should you provide any information about yourself or your company that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to believe that such information is untrue, inaccurate, not current or incomplete; we have the right to suspend or terminate your account and refuse any and all use of the website.
Furthermore, you understand that you may not:
- Select or use a name of another person with the intent to impersonate that person; or
- Use the rights of any person other than yourself without authorization; or
- Use a name that we, in our sole discretion, deem inappropriate; or
- Open a DMI account if You are under the age of
11.0 Materials Submitted by Others
We cannot and do not review every posting or monitor all Generated Content made using our website. You may well read any given posting or see Generated Content live and in real time before anyone on our staff does. You can expect Generated Content and postings to include information and opinions from a variety of individuals and organizations other than us. We do not endorse or guarantee the accuracy of any Generated Content, information provided, or posting, regardless of whether the data comes from a User, a celebrity or “expert” guest, or from a member of our staff.
12.0 Legal Compliance
DMI reserves the right to use any information available to us by virtue of your use of DMI (including, for example, reverse IP address inquiry) in order to comply with any law, to enforce our Terms & Conditions of Use Agreement or Privacy Statement, or to protect the rights, property or safety of all visitors, and Users to our website, our customers, the public or DMI and its affiliates or licensees. We reserve the right without obligation to review the content of this website, including Generated Content, video, blogs, comments, class listings, forums, and other information posted to DMI to determine compliance with our Terms & Conditions of Use Agreement and operating rules established by us or our affiliates, and to satisfy any law, regulation or authorized government request. We have the right to delete, move, refuse to post, or edit any messages, videos, listings or other postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons.
By using DMI, you agree not to generate any content, post, submit or transmit through DMI any material that violates or infringes in any way upon the rights of others, that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, misleading, or otherwise objectionable, that encourages conduct that would constitute a criminal offense, give rise to civil liability, damages or otherwise violate any law, treaty, copyright, trademark, or that, without our express prior approval, contains advertising or any solicitation with respect to commercialized products or services.
The sender of any communications to DMI shall be solely responsible for the content and information contained therein, including its truthfulness and accuracy. By posting content, you represent and warrant that you either own or otherwise control all rights necessary for you to provide post, upload or submit that content. Without limiting the foregoing, you shall be liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any content or other material submitted by you to DMI and agree that you will indemnify and hold DMI harmless from and against any claims, damages or losses related to such content or other material.
We reserve the right to deny access to anyone who violates these Terms & Conditions of Use or who, in our judgment, interferes with the ability of others to enjoy DMI or infringes in anyway the rights of others. We will comply with the requirements of the law regarding disclosure of any messages to others, including law enforcement agencies and court orders.
By submitting communications, materials or ideas to any area of DMI, you grant DMI, its affiliates and licensees the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, aggregate, translate, publicly display, publicly perform and distribute such material and ideas (in whole or in part) alone or as incorporated into other works in any form, media, advertising or technology now known or hereafter on a worldwide basis. You also permit any User of DMI to access, view, store, or reproduce the material or ideas for that user’s personal use if placed in a public area. Such purposes may include disclosure to third parties. By posting or disclosing any information, you hereby waive any claim that DMI misappropriated any such ideas, materials or any portions of your communication or Generated Content.
13.0 Modifications and Interruption to Service
DMI reserves the right to modify or discontinue the website with or without notice to the User. DMI shall not be liable to a User or any third party should DMI exercise its right to modify or discontinue the website. Each User acknowledges and accepts that DMI does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our operation or control.
14.0 Firearms Products and Instruction Disclaimer Information
DMI disclaims liability for any products or sales related to third parties or affiliates but obtained through any links via the DMI website.
Instructor and Student Users agree to indemnify, hold harmless, and defend DEFENSE MARKETING INSTRUCTORS, LLC AND ITS STAFF, AGENTS AND OFFICERS (hereinafter referred to as “DMI Parties”) from any and all fault, liabilities, costs, expenses, claims, and demands or lawsuits arising out of, related to or connected with Users’ presence at and/or participation in any listed or offered course of instruction; the discharge of firearms by User, Users’ presence on or use of any range, building, land, and premises (“Premises”) which User is required to be present at during any course of instruction; and, any and all acts or omissions of Users’ while on Premises and while participating in any course of instruction either as an instructor or as a student.
Users’ furthermore waive for himself/herself and for his/her executors, personal representative, administrators, assignees, heirs, and next of kin; any and all rights and claims for damages, losses, demands, and any other actions or claims whatsoever, which he/she may have or which may arise against DMI (including, but not limited to the death of a User and/or any and all injuries, damages, or illnesses suffered by User or Users’ property,) which may, in any way, whatsoever, arise out of, be related to, or be connected with; the course of instruction; the Premises, including any latent defect in the Premises; Users’ presence on or use of said Premises; Users’ property; and the discharge of firearms. DMI shall not be liable for, and User, on behalf of himself/herself and on behalf of his/her executors, personal representative, administrators, assignees, heirs, and next of kin, hereby expressly releases DMI from any and all such claims and liabilities.
Users’ hereby expressly assume the risk of taking part in the course for instruction in firearms and taking part in the activities on the Premises, which may include, but are not limited to, instruction in the use of firearms, the discharge of firearms and the firing of live ammunition.
Please Take Note: USER AGREES TO USE DMI AND UNDERTAKE FIREARM INSTRUCTION AT THEIR OWN PERIL AND RISK! DMI has no knowledge of Users’ qualifications, medical conditions or fitness level as some instruction may include physical activities. Accordingly, User agrees to be responsible for determining (alone or in consultation with a healthcare professional) whether his or her participation in any instruction course available through DMI might pose an adverse health risk. User accepts all responsibility for use of the website and any available instruction.
15.0 Third-Party Websites
DMI may include links to other websites that are owned and operated by online merchants, vendors, suppliers, manufacturers, material men, contractors, subcontractors, service providers and/or other third parties (collectively referred to as “Vendors”). Any such links to Vendors websites are provided for your convenience only, and such links do not imply endorsement by DMI of such Vendor websites or the content contained therein. You acknowledge that we are not responsible for the availability of, or the content located on or through, any Vendor website. You should contact the website administrator for those Vendor websites if you have any concerns regarding such links or the content located on such websites. Your use of Vendor websites is subject to the terms & conditions of use and privacy policies of each website. We encourage all Users to review said terms & conditions and privacy policies of all Vendor websites.
DMI disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity concerning Vendor websites and offerings, and you agree that any recourse for dissatisfaction or problems with those websites must be directed to the Vendors and not DMI as you agree to waive any claim you may have against us with respect to any Vendors claim.
16.0 Governing Jurisdiction
This Agreement will be governed by and construed in accordance with the laws of the United States of America, without regard to any principals of conflicts of law. Any and all services and rights of use hereunder are considered performed in the State of Ohio, United States and You agree that any action at law or in equity that arises out of or relates to this website or these Terms & Conditions of Use will be filed only in the state or federal courts located in Summit County, Ohio and the Federal Northern District of Ohio, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
17.0 Compliance with Laws and International Use
You assume all knowledge of applicable laws and are responsible for compliance with any such laws. You may not use our website in any way that violates applicable state, federal, or international laws, regulations or other government requirements.
Furthermore, we make no representation that materials or services on this website are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this website from other locations outside of the United States do so on their own initiative and at their own risk and are responsible for compliance with those local laws and regulations. Please see actual regulations for more information.
DMI does not actively target or market to any EU member state and does not, to its knowledge, process or control any EU citizen personally identifiable information: Despite this fact this Agreement in conjunction with our Privacy Statement and its enumerated policies are intended to comply with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (the “General Data Protection Regulation” or “GDPR”) and provide appropriate protection and care with respect to the treatment of all of our users information in accordance with the GDPR.
18.0 Copyright, Trademark and Service Mark Information
All Content included or available on this website, including design elements, text, graphics, interfaces, and the selection and arrangements thereof is the property of Defense Marketing Instructors, LLC, with all rights reserved, or is the property of DMI and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Defense Marketing Instructors, LLC is strictly prohibited. Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our website or the content.
ShootingClasses™ is a proprietary mark of Defense Marketing Instructors, LLC, whose trademarks may not be used in connection with any product or service that is not provided by DMI, in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits DMI.
All other trademarks displayed on DMI’s website are the trademarks of their respective owners and may only be used with the permission of the particular owner. These other trademarks constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the Vendor websites is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with DMI.
19.0 Notification of Claimed Copyright Infringement
We respect the intellectual property of others and we ask our Users to do the same. If you believe that your work has been copied and is accessible on the website in a way that constitutes copyright infringement, you may notify us by providing our copyright agent the following information:
- A description of the copyrighted work that you claim has been infringed;
- Identification of the URL or other specific location on the Website where the material you claim is infringing is located;
- Your name, address, telephone number, email address, and statement that you are an authorized person to act on behalf of the owner of the copyright;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- An affidavit submitted by you, sworn to and made under the penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are an authorized agent to act on behalf of the copyright owner.
Pursuant to Section 512(c) of the Copyright Revision Act, as amended by the Digital Millennium Copyright Act, DMI designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
Defense Marketing Instructors, LLC Attention: Copyright Notice Dept.
P.O. Box Number 2659 Canton, OH 44720
By Email: firstname.lastname@example.org
DMI retains the right, at our sole discretion, to terminate any User involved with botnets and related activities. If any hostnames are used as command and control points for botnets, DMI reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
Use of DMI by you for spamming is strictly prohibited.
22.0 Apple Terms
In the event that User obtains any App through the Apple App Store, offered by Apple, Inc. (“Apple”), the following shall apply:
- Both User and DMI acknowledge that the agreements in the Terms of Service are concluded between User and DMI only, and not with Apple, and that Apple is not responsible for the App;
- User will only use the App in connection with an Apple device that User owns or controls;
- User acknowledges and agrees that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App;
- In the event of any failure of the App to conform to any applicable warranty, including those implied by law, User may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to User will be to refund to User the purchase price, if any, paid for the App;
- User acknowledges and agrees that DMI, and not Apple, is responsible for addressing any claims User or any third party may have in relation to the App;
- User acknowledges and agrees that, in the event of any third party claim that the App or User’s possession and use of the App infringes that third party’s intellectual property rights, DMI, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
- User represents and warrants that User is not located in a country subject to a S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that User is not listed on any U.S. Government list of prohibited or restricted parties;
- Both User and DMI acknowledge and agree that, in using the App, User will comply with any applicable third party terms of agreement which may affect or be affected by such use;
- Both User and DMI acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement, and that upon User’s acceptance of the Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Service against User as the third party beneficiary hereof; and
- In the event User uses the App to provide User with real-time route guidance, USER’S USE OF THIS REAL TIME ROUTE GUIDANCE IS AT USER’S SOLE RISK. LOCATION DATA MAY NOT BE
23.0 Miscellaneous Terms
These Terms & Conditions of Use constitute the entire agreement and understanding between you and us, superseding any prior agreements and understandings, and govern your use of the website. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Our failure to enforce or exercise any right or provision of these Terms & Conditions of Use shall not constitute a waiver of such right or provision. If any provision of these Terms & Conditions of Use shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and in full force and effect. You agree that these Terms & Conditions of Use and any other agreements referenced herein, may be assigned by DMI, in our sole discretion, to a third party in the event of a merger or acquisition. The section titles and headings in these Terms & Conditions of Use are for convenience only and have no legal or contractual effect.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms & Conditions of Use.
Any rights not expressly granted herein are reserved by and for us.
Your communications with DMI via the website may be recorded or monitored and by using such communications methods you are consenting to the recording or monitoring of the same.
From time to time, DMI may offer you the option to participate in contests, sweepstakes, or surveys. If you would like to participate, we may ask you for contact information, mobile telephone number, preferences or other information. This information may be used to conduct research, improve our offerings, or contact you via text message. Standard text message rates apply and you may opt out at any time by following the prompts on the text message itself or via any email communication opt out button. Our contests or sweepstakes may have separate rules and we will identify how the information that you supply will be used in each case.
By submitting information to DMI through this website or otherwise you are making an inquiry as to services offered by DMI and give DMI permission to contact you through Email, fax, telephone, mobile phone, or any means, even if your phone number or mobile number is on a “Do Not Call” list.
Certain sections or pages on this website may contain separate terms and conditions, which are in addition to these Terms & Conditions of Use. In the event of a conflict, the additional terms and conditions will govern for those sections or pages.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
Defense Marketing Instructors, LLC and DMI will use commercially reasonable efforts to promptly respond and resolve any problem or question.
© Copyright 2018, Defense Marketing Instructors, LLC. All Rights Reserved.