ATAC TRAINING (company) and it’s affiliates provide an service that offers a variety of training programs, and other content (collectively, the “Content”). The company’s service, (the “Courses”) and any other features, applications, materials, tools, or other related services offered from time to time by ATAC TRAINING in connection with its business, however accessed, are referred to collectively as the “ATAC TRAINING Services”.
As a condition of the service, purchase of one or more publications distributed by ATAC Operations, LLC and/or other authorized distributor (“Publication”) and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the undersigned (“Viewer” or “Viewer / Buyer” or ” Student / Viewer / Buyer”) or hereby agrees as follows:
Certain ATAC TRAINING services are provided to you as a free service. There are some other ATAC TRAINING services, which, if you are interested in accessing, will require payment by you. The ATAC TRAINING services that may be accessed after payment are referred to currently as “ATAC TRAINING Courses.”
1. Student / Viewer / Buyer: (a) has the authority to enter into this Agreement, (b) is voluntarily entering into this Agreement, (c) is at least eighteen (18) years old and (d) shall comply with the terms and conditions of this Agreement;
2. Student / Viewer / Buyer shall comply with all applicable laws including, without limitation, privacy, license, firearm, and security laws;
3. Student / Viewer / Buyer shall not, and shall not permit any person to, copy, make derivative works, disassemble, decompile, or reverse engineer the Publication;
4. All right, title and interest in and to the Publication, including, without limitation, the copyright in and to the Publication, exclusively vests in and shall always vest with ATAC Operations, LLC;
5. THE PUBLICATION IS PROVIDED “AS IS.” ATAC OPERATIONS, LLC, AND EACH PUBLISHER, DISTRIBUTOR, AFFILIATE, OWNERS, MANAGER, OFFICER, REPRESENTATIVE, AGENT, SUBCONTRACTOR, AND ANY OTHER PERSON OR ENTITY RELATED TO OR AFFILIATED THEREWITH (“ATAC TRAINING PARTIES”) PROVIDES NO GUARANTEE OR WARRANTY AND DISCLAIMS ANY AND ALL WARRANTIES, CONDITIONS OR REPRESENTATIONS, WHETHER OR NOT IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE PUBLICATION OR ANY OF THE TRANSACTIONS REASONABLY CONTEMPLATED BY THE PARTIES HERETO PURSUANT TO THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES (some jurisdictions do not allow the exclusion of implied warranties, so the exclusion of implied warranties may not apply to the Student / Viewer / Buyer) OR CONDITIONS OF TITLE, NON INFRINGEMENT, COMPLETENESS, ACCURACY, ERROR-FREE, MERCHANTABILITY, FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT ATAC KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE, IN FACT, AWARE OF ANY SUCH PURPOSE), WHETHER ALLEGED TO ARISE BY LAW, BY REASON OF CUSTOMER USAGE IN THE TRADE OR BY COURSE OF DEALING.
6. EACH ATAC TRAINING PARTY SHALL NOT BE LIABLE TO STUDENT / BUYER (OR TO ANY PERSON CLAIMING ANY RIGHT, TITLE OR INTEREST DERIVED FROM OR AS SUCCESSOR TO VIEWER / BUYER’S RIGHT, TITLE AND INTEREST) FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL SPECIAL OR EXEMPLARY DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF CONTENT ARISING OUT OF THIS AGREEMENT, IRRESPECTIVE OF WHETHER THE PARTIES HAVE ADVANCE NOTICE OF THE POSSIBILITY OF SUCH DAMAGES.
7. Notwithstanding any other provision of this Agreement, Student / Viewer / Buyer shall indemnify and hold each ATAC TRAINING Party harmless from and against any damages, liabilities, costs, charges, expenses, expenditures, fees (including, without limitation, attorneys’, accountants’, experts’, investigators’, witnesses’ and professionals’ fees) and other losses of whatsoever nature (“Losses”) incurred by any ATAC TRAINING Party with respect to, arising from or out of any claim that relates to or arises out of any act or omission of Student / Viewer / Buyer, including, without limitation, the misuse of the Publication.
8. This Agreement shall be governed by and construed in accordance with the laws of the State of Nevada. Student / Viewer / Buyer consents to personal jurisdiction, as well as venue for any claim regarding or arising out of this Agreement in the appropriate state or federal court located in Clark County, Nevada.
9. This Agreement constitutes the entire agreement between ATAC Operations, LLC and the Student / Viewer / Buyer with respect to the Publication. No prior or contemporaneous representations, inducements, promises, or agreements, oral or otherwise, between ATAC Operations, LLC and the Student / Viewer / Buyer with respect to the Publication shall be of any force or effect.