Welcome to www.ForceEffectsTraining.com, operated by Force Effects LLC, located at 470 Schooleys Mountain Rd, Suite 127 Hackettstown New Jersey, 07840.
PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Electronic Agreement. This Agreement is an electronic contract that sets out the legally binding terms of your use of the Website and the Service. This Agreement may be modified by ForceEffectsTraining.com from time to time, such modifications to be effective upon posting by ForceEffectsTraining.com on the Website. By accessing and/or using the Website or becoming a Member, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein.
1. Access and Retention.
In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program.
You must be at least eighteen (18) years of age. By using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
3. Commercial Use of Service.
If you are using the Service and/or accessing the Website on behalf of a company, entity, or organization (collectively, a “Subscribing Entity”), you represent and warrant that:
Illegal and/or unauthorized uses of the Website include, but are not limited to, collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email, unauthorized framing of or linking to the Website, sharing or disclosing your username or password to any third party or permitting any third party to access your account, attempting to impersonate another user or person, use of the Website in any fraudulent or misleading manner, any automated use of the system, such as scraping the Website, automated scripts, spiders, robots, crawlers, data mining tools or the like, interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website, and using the Website in a manner inconsistent with any and all applicable laws and regulations. Illegal and/or unauthorized use of the Website may be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Website and Service is with the permission of ForceEffectsTraining.com, which may be revoked at any time, for any reason, in ForceEffectsTraining.com’s sole discretion.
4. Account Security.
You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify ForceEffectsTraining.com of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. ForceEffectsTraining.com will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-sign in feature if you have it linked to your ForceEffectsTraining.com account.
5. Your Use of the Website
- You must not copy or capture, or attempt to copy or capture, any content from the Website or any part of the Website (the “Content”), unless given express permission by ForceEffectsTraining.com.
- You must not use any Content (other than Your Content) in any way that is designed to create a separate content service or that replicates any part of the Website’s offering.
- You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any Content.
- You must not employ any techniques or make use of any services, automated or otherwise, including without limitation the use of bots, botnets, scripts, apps, plugins, extensions or other automated means to register accounts, log in, send messages, post comments, or otherwise to act on your behalf, particularly where such activity occurs in a multiple or repetitive fashion. You must not offer or promote the availability of any such techniques or services to any other users of the Website.
- You must not alter or remove, or attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Website or any Content appearing on the Website (other than Your Content).
- You must not, and must not permit any third party to, copy or adapt the object code of the Website, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Website, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to Content other than Your Content.
- You must not use the Website to upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise communicate to the public:
- any Content that is offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of race, gender, religion or sexual orientation, or is otherwise objectionable in ForceEffectsTraining.com’s sole and reasonable discretion;
- any information, Content or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right; or
- any Content that violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise is illegal or unlawful in ForceEffectsTraining.com’s sole and reasonable opinion;
- any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which will or might overburden, impair or disrupt the Website or servers or networks forming part of, or connected to, the Website, or which does or might restrict or inhibit any other user’s use and enjoyment of the Website; or
- any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation.
- You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or regulation.
- You must not rent, sell or lease access to the Website, or any Content on the Website, although this will not prevent you from including links from Your Content to any legitimate online download store from where any item of Your Content may be purchased.
- You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company, or sending messages or making comments using the name of another person.
- You must not stalk, exploit, threaten, abuse or otherwise harass another user, or any ForceEffectsTraining.com employee. If we feel that your behavior towards any of our employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership and you will not be entitled to any refund of unused fees.
- You must not sell or transfer, or offer to sell or transfer, any ForceEffectsTraining.com account to any third party without the prior written approval of ForceEffectsTraining.com.
- You must not collect or attempt to collect personal data, or any other kind of information about other users, including without limitation, through spidering or any form of scraping.
6. Representations and Warranties
You hereby represent and warrant to ForceEffectsTraining.com as follows:
- Your Content and the availability thereof on the Platform does not and will not infringe or violate the rights of any third party, including, without limitation, any intellectual property rights, performers’ rights, rights of privacy or publicity, or rights in confidential information.
- Your Content, including any comments that you may post on the Website, is not and will not be unlawful, offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, will not promote violence, terrorism, or illegal acts, or incite hatred on grounds of race, gender, religion or sexual orientation.
- Your Content does not and will not create any liability on the part of ForceEffectsTraining.com, its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and/or shareholders.ForceEffectsTraining.com reserves the right to remove Your Content, suspend or terminate your access to the Platform and/or pursue all legal remedies if we believe that any of Your Content breaches any of the foregoing representations or warranties, or otherwise infringes another person’s rights or violates any law, rule or regulation.
7. Membership and Pricing.
You may become a free Member of the Service at no cost. As a free Member, you will have the ability to participate in some, but not all, of the features and services available within the Service. In order to access additional features and services, you must become a paying subscriber to the Service.
Notwithstanding anything herein, you are solely responsible for all taxes associated with your use of the Website and/or Service.
This Agreement will remain in full force and effect while you use the Website and/or Service. You may terminate your membership by contacting us at ForceEffectsTraining@gmail.com. If you resign or cancel your membership to ForceEffectsTraining.com, to help ForceEffectsTraining.com analyze and improve the Service, you may be asked to provide a reason for your resignation/cancellation. ForceEffectsTraining.com may terminate your membership for any reason by sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to ForceEffectsTraining.com. All decisions regarding the termination of accounts shall be made in the sole discretion of ForceEffectsTraining.com.
ForceEffectsTraining.com is not required to provide you notice prior to terminating your membership. ForceEffectsTraining.com is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your membership is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
9. Charges on Your Billing Account.
- General. ForceEffectsTraining.com bills you through an online account (your “Billing Account”) for use of the Service. You agree to pay ForceEffectsTraining.com all charges at the prices then in effect for any use of the Service by you or other persons (including your agents) using your Billing Account, and you authorize ForceEffectsTraining.com to charge your chosen payment provider (your “Payment Method”) for the Service. You agree to make payment using that selected Payment Method. ForceEffectsTraining.com reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
- Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT.
- Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen payment method.
10. Modifications to Service.
ForceEffectsTraining.com reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that ForceEffectsTraining.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
11. Blocking of IP Addresses.
In order to protect the integrity of the Services, ForceEffectsTraining.com reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Website.
12. Content on ForceEffectsTraining.com
Any Content other than Your Content is the property of the relevant person or entity that uploaded it (the “Uploader”), and is or may be subject to copyright, trademark rights or other intellectual property or proprietary rights. Such Content may not be downloaded, reproduced, distributed, transmitted, re-uploaded, republished, displayed, sold, licensed, made available or otherwise communicated to the public or exploited for any purposes except via the features of the Website from time to time and within the parameters set by the Uploader on the Service or with the express written consent of the Uploader. Where you repost another user’s Content, or include another user’s Content in a set, you acquire no ownership rights whatsoever in that Content. Subject to the rights expressly granted in this section, all rights in Content are reserved to the relevant Uploader.
13. Restrictions on Use of Materials
You acknowledge that ForceEffectsTraining.com contains certain Content that are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Content is copyrighted under the United States copyright laws (and, if applicable, similar foreign laws), and ForceEffectsTraining.com owns a copyright in the selection, coordination, arrangement and enhancement of such Content. All trademarks appearing on this Website are trademarks of their respective owners. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.
14. Copyright Policy.
ForceEffectsTraining.com prohibits the submission or posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity.
Pursuant to Title 17, United States Code, Section 512(c)(2) or for any other claim of copyright infringement, if you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Site, please contact us at ForceEffectsTraining@gmail.com or ForceEffectsTraining.com, Legal Department, 470 Schooleys Mountain Rd, Suite 127 Hackettstown New Jersey, 07840. When contacting us, please make sure that you include the following information:
- a statement that you have identified Content on ForceEffectsTraining.com that infringes your copyright or the copyright of a third party on whose behalf you are entitled to act;
- a description of the copyright work(s) that you claim have been infringed;
- a description of the Content that you claim is infringing and the ForceEffectsTraining.com URL(s) where such Content can be located;
- your full name, address and telephone number, a valid email address on which you can be contacted, and your ForceEffectsTraining.com user name if you have one;
- a statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and
- a statement by you that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
In addition, if you wish for your notice to be considered as a notice pursuant to the United States Digital Millennium Copyright Act 17 U.S.C. ¤512(c),
please also include the following:
- with respect to your statement that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed, confirmation that such statement is made under penalty of perjury; and
- your electronic or physical signature (which may be a scanned copy).
The foregoing process applies to copyright only. If you discover any Content that you believe to be in violation of your trademark rights, please report this to us by email at ForceEffectsTraining@gmail.com.
ForceEffectsTraining.com will process any notice of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) 17 U.S.C. 512(c)(3) or other applicable copyright law. U.S. law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions.
15. Liability for Content
You hereby acknowledge and agree that ForceEffectsTraining.com (i) stores Content and other information at the direction, request and with the authorization of its users, (ii) acts merely as a passive conduit and/or host for the uploading, storage and distribution of such Content, and (iii) plays no active role and gives no assistance in the presentation or use of the Content. You are solely responsible for all of Your Content that you upload, post
or distribute to, on or through the Website, and to the extent permissible by law, ForceEffectsTraining.com excludes all liability with respect to all Content (including Your Content) and the activities of its users with respect thereto.
ForceEffectsTraining.com and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from any Content uploaded to the Website by users, including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to publication of defamatory,
pornographic, obscene or offensive material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by users of the Website. By using the Website, you irrevocably waive the right to assert any claim with respect to any of the foregoing against ForceEffectsTraining.com or any of its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders.
16. Blocking and Removal of Content
17. Repeat Infringers
We will also suspend or terminate your account without warning if ordered to do so by a court, and/or in other appropriate circumstances, as determined by ForceEffectsTraining.com at its sole discretion.
18. Limitation of Liability
. In no event shall ForceEffectsTraining.com be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the Website or Service, or use thereof. Nothing contained in this Website or in any written or oral communications from ForceEffectsTraining.com or its employees or agents shall be construed to make any promise, covenant, warranty, or guaranty, all of which are explicitly disclaimed hereby, contrary to the statements and disclaimers contained in this paragraph.
All information provided on the Website and Service and in any of our communications or materials, including without limitation any Content such as videos, text, or audio (collectively the “Information and Materials”) are provided for informational purposes only. No warranties of any kind are implied or granted, and the company or any of its representatives shall not be held in any way liable or responsible for any results caused in relation to the
The Information and Materials provided by ForceEffectsTraining.com is for informational purposes only, and is not to be interpreted as a recommendation for a specific treatment plan, product, or course of action. ForceEffectsTraining.com does not provide specific medical advice, and is not engaged in providing medical services. ForceEffectsTraining.com does not replace consultation with a qualified health or medical professional.
Any physical injury carries with it risks, and may result in injury. Such risks include, without limitation, risk of injury, aggravation of a pre-existing condition, or adverse effect of over-exertion such as muscle strain, abnormal blood pressure, fainting, disorders of heartbeat, and heart attack. The Information Materials presented on or by the Website or Service, are in no way intended as a substitute for medical consultation. ForceEffectsTraining.com
and/or Force Effects LLC will not be responsible or liable for any injury or harm you sustain as a result of any of the Information and Materials provided on the Website or Service.
As with any physical activity, if at any point while using the Information and Materials you begin to feel faint, dizzy, or have physical discomfort, you should stop immediately and consult a physician.
While we frequently update the content and information on the Website and Service, such information changes rapidly and therefore may be out of date. Please see a physician or health professional immediately if you suspect you may be ill or injured.
ForceEffectsTraining.com, the manufacturers and distributors assume no liability or responsibility for accidents or injury to persons or property that result in connection with the use of any Information and Materials contained on the Website or Service, or in any communication between you and Force Effects LLC.
The content and functionality on the Website and the services provided by employees of the Website are offered “as is” without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. ForceEffectsTraining.com makes no warranties, express or implied, as to the ownership, accuracy, completeness or adequacy of the Website’s content or that the functionality of the Website will be uninterrupted or error-free or free from virus or third party attack. You hereby acknowledge that your use of this Website and the Service is at your sole risk. UNDER NO CIRCUMSTANCES SHALL FORCEEFFECTSTRAINING.COM, ITS OFFICERS, OWNERS, EMPLOYEES OR AGENTS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM USE OF, OR INABILITY TO USE, THE WEBSITE OR SERVICE OR THE INFORMATION CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITE, EVEN IF FORCEEFFECTSTRAINING.COM HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL FORCEEFFECTSTRAINING.COM HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THE AGREEMENT, WEBSITE OR THE SERVICE, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, LOST DATA, LOSS OF GOODWILL, COPYRIGHT INFRINGEMENT, WORK STOPPAGE, EQUIPMENT FAILURE OR MALFUNCTION, PERSONAL INJURY, PROPERTY DAMAGE, OR ANY OTHER DAMAGES OR LOSSES, EVEN IF FORCEEFFECTSTRAINING.COM HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTE, INDEMNITY OR OTHERWISE) UPON WHICH SUCH LIABILITY IS BASED.
In the event that any of the foregoing limitations are deemed to be unenforceable, to the greatest extent permitted by law, you agree that the entire aggregate liability of ForceEffectsTraining.com and sole remedy available to any Member in any case in any way arising out of or relating to the Agreement, Website or the Service shall be limited to monetary damages that in the aggregate may not exceed the greater of $500.00 or the sum of any amount paid by the Member or user to ForceEffectsTraining.com during the six months prior to notice to ForceEffectsTraining.com of the dispute for which the remedy is sought.
19. Indemnity by You.
You agree to indemnify and hold ForceEffectsTraining.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, arising out of or related to:
- your use of the Service and/or Website in violation of this Agreement and/or arising from a breach of this Agreement including without limitation your representations and warranties set forth above;
- any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of ForceEffectsTraining.com.
20. Attorney Fees
. In the event that ForceEffectsTraining.com is successful in whole or in part in any action or proceeding related to or arising from this Agreement, you shall be responsible for ForceEffectsTraining.com’s attorneys’ fees and costs.
21. Parental or Guardian Permission
Some of the Content on this Website may not be appropriate for children. CHILDREN UNDER THE AGE OF 18 ARE NOT PERMITTED TO USE THE WEBSITE UNLESS A SUPERVISING PARENT OR GUARDIAN IS PRESENT. INDIVIDUALS UNDER THE AGE OF 18 ARE NOT PERMITTED TO SUBSCRIBE TO OUR FEE-BASED SERVICES OR GIVE FORCEEFFECTSTRAINING.COM THEIR EMAIL ADDRESS OR ANY OTHER PERSONALLY IDENTIFIABLE INFORMATION.
23. Jurisdiction and Choice of Law; Dispute Resolution.
If there is any dispute arising out of the Website and/or the Service, by using the Website and/or Service, you expressly agree that any such dispute shall be governed by the laws of the State of New Jersey, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of New Jersey, for the resolution of any such dispute. Acceptance of the terms and conditions of this Agreement constitutes your consent to be sued in such courts and to accept service of process outside the State of New Jersey with the same force and effect as if such service had been made within the State of New Jersey. You hereby agree to accept service of process for any action hereunder by certified mail return receipt requested which service shall have the same force and effect as though service had been effected by personal service in the applicable jurisdiction. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
24. No Third Party Beneficiaries.
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
25. Availability Outside the U.S.
26. Entire Agreement
This Agreement contains the entire agreement between you and ForceEffectsTraining.com regarding the use of the Website and/or the Service.
27. Severability; Waiver
If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. In addition, ForceEffectsTraining.com’s failure to enforce any term of this Agreement shall not be deemed as a waiver of such term or otherwise affect ForceEffectsTraining.com’s ability to enforce such term at any point in the future.
The section headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement.
Please contact us with any questions regarding this agreement. Force Effects Training is a trademark of Force Effects LLC.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.