ACCEPTANCE OF TERMS AND CONDITIONS
DISCLAIMER FOR PRODUCTS AND SERVICES
U.S. Law Shield, LLC, Texas Law Shield, LLC, and affiliated entities and divisions (“U.S. LawShield®,” the “Company,” “we,” “us,” or “our”) offer a variety of services and membership-based programs, including but not limited to the Legal Defense for Self Defense® Program, EmergencyShield™ Program, FirearmShield™ Program, and FFL DealerShield™ Program. The Company is not a law firm. Membership in any U.S. LawShield program is not a guarantee of any particular outcome. All legal services are provided by independent third-party program attorneys who are part of the program(s). Information provided herein should not be construed as legal advice or as the creation of an attorney-client relationship. The information provided is “as is” without any representations or warranties, express or implied, and should not be relied upon as an alternative to individual legal advice. Every person’s situation may be different, and because the laws, judges, juries, and prosecutors vary from location to location, similar or even identical facts and circumstances may result in significantly different legal outcomes.
We are proud to say U.S. LawShield is underwritten by a Fortegra company in many states. Fortegra companies are rated A- (Excellent) for financial strength and operating performance by A.M. Best. In these states, all of our products and services are underwritten by one of the following Fortegra companies, depending on the state: Lyndon Southern Insurance Company, Response Indemnity Company of California, Blue Ridge Indemnity Company, and Insurance Company of the South, and are administered by U.S. Law Shield, LLC. 100% of U.S. LawShield’s insurance administration, technology, and customer service is provided here, in the USA.
SITE TERMS, CONDITIONS, AND RESTRICTIONS
THE TERMS AND CONDITIONS LIMIT THE COMPANY’S LIABILITY, RESPONSIBILITY, AND OBLIGATIONS RELATING TO THE PRODUCTS AND SERVICES, RESTRICT YOUR ABILITY TO BRING CLAIMS AGAINST THE COMPANY (INCLUDING MANDATORY AND BINDING ARBITRATION, JURISDICTION AND VENUE PROVISIONS), AND SEEK INDEMNITY FROM YOU IN CERTAIN SITUATIONS.
The Site is offered and available to users in the United States who are 18 years of age or older. By using the Site, you represent and warrant that you meet the foregoing eligibility requirement. If you do not meet this requirement, you must not access or use the Site.
The information presented on or through the Site is made available solely for general information purposes. We may update the content on this Site from time to time, but its content is not necessarily complete or up to date. Any of the material on the Site may be out of date at any given time, and the Company is under no obligation to update such material.
Changes to Terms and Conditions
Accessing Our Site
Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Site without notice. We will not be liable if for any reason our Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Site, or our entire Site. We have the right to terminate your access to the Site if we determine that you have failed to comply with any of the provisions of these Terms and Conditions. You are solely responsible for keeping confidential any password you may be granted to access our Site. We advise you not to share your password, payment methods, or any other information associated with our Site or your account with anyone.
Use of Our Site
By accessing our Site, you agree to use our Site, including all features and functionalities associated therewith and all content and software associated therewith, in accordance with all applicable laws, rules, and regulations, including public performance limitations or other restrictions on the use of the service or content therein. In addition, the following restrictions apply to your use of our Site:
(a) You shall not upload, post, email, or otherwise send or transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment associated with our Site;
(b) You shall not interfere with the servers or networks connected to any portions of our Site or to violate any of the procedures, policies, or regulations of networks connected to our Site;
(c) You shall not impersonate any other person while using our Site, conduct yourself in a vulgar or offensive manner while using our Site, or use our Site for any unlawful purpose;
(d) You shall not attempt to gain unauthorized access to our Site, the server on which our Site is located, or any server, computer, or database connected to our Site;
(e) You shall not use our Site in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
(f) You shall not use our Site to send, knowingly receive, upload, download, use, or reuse any material which does not comply with all relevant provisions of these Terms and Conditions;
(g) You shall not use our Site to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam); or
(h) You shall not use our Site to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other malicious or harmful programs or similar computer code designed to attack our Site (via a denial-of-service attack or a distributed denial-of-service attack); or otherwise adversely affect the operation of any computer software or hardware.
Use of Our Streaming Service
We provide streaming Products and Services and non-streaming digital downloads over the internet to certain devices (“Streaming Service”). We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we operate our Streaming Service. Any description of how Streaming Service works should not be considered a representation or obligation with respect to how the service will always work. Some or all of our video content is provided through a third-party service. We are constantly making adjustments to the Streaming Service and often these adjustments are not completely captured within these Terms and Conditions. Similarly, the third-party provider often makes adjustments to the services provided and the Company expressly disclaims any liability or responsibility for the functionality, accessibility, and content of third-party sites.
(a) Availability of Streaming Service:
The availability of Streaming Service will change from time to time, from state to state, and from country to country. The quality of any Streaming Service may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through, and/or speed of your internet connection. We will stream a small amount of data to your device as a buffer each time you start Streaming Service. Frequently starting and stopping Streaming Service will result in a minor increase to the amount of data the Company streams to you per hour. You are responsible for ensuring that you have proper internet access and for all internet access charges. Please check with your internet provider for information on possible internet data usage charges. The Company makes no representations or warranties about the quality of Streaming Service.
Streaming Service may be unavailable to you from time to time in connection with maintenance or for other technical or non-technical reasons. As a result, without prior notice to you, some or all Products and Services ordinarily available via Streaming Service may cease to be available.
(b) Initiation of Streaming Service:
The amount of time it takes to initiate Streaming Service on a device will vary based on a number of factors, including your location, available bandwidth at the time, the particular Product and Service you have selected, and the configuration of your device. In addition, you must be connected to the internet throughout the period in which you are accessing Streaming Service.
(c) Geographic Limitations:
You may access Streaming Service only in geographic locations where we offer Streaming Service. In addition, the content that may be available to watch may vary by geographic location.
(d) Software for Accessing Streaming Service:
Streaming service software is licensed to the Company and is designed to enable streaming of content from the Company to certain devices. This software is licensed to you by the Company pursuant to these Terms and Conditions and solely for the purpose of using Streaming Service. We do not warrant the performance of this software, including its continuing compatibility with our Streaming Service. You may not copy or reproduce the software, nor may you decompile, reverse engineer, disassemble, modify, or create derivative works of any of the software, or any portion thereof. Any unauthorized use of the software is strictly prohibited and can result in the termination of your use.
By using Streaming Service, you acknowledge and agree to receive updated versions of the software, without further notice or prompting. If you do not accept the foregoing terms, do not use the Streaming Service. We do not warrant that any of the software used and/or licensed in connection with Streaming Service will be compatible with other third-party software, nor do we warrant that operation of Streaming Service and the associated software will not damage or disrupt other software or hardware. In addition, we do not take responsibility or otherwise warrant the performance of devices used in connection with Streaming Service, including the continuing compatibility of the device with our service. By using Streaming Service, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with Streaming Service. Any issues related to Streaming Service, including any system requirements, are covered and limited by these Terms and Conditions.
We permit you to post or send to us comments, information, ideas, concepts, reviews, or techniques and other material relating to Products and Services (each a “Response”).
(a) Restrictions on Response Content:
You are not permitted to post Responses that contain harsh, profane, or discriminatory language; illegal, obscene, threatening, defamatory, offensive, or otherwise objectionable content; URLs, phone numbers, mailing or e-mail addresses, or other personal information; misleading information regarding the origin of the Response; or a discussion of the Company’s policies or Products and Services. We reserve the right to reject, remove, or edit any such Responses at any time without notice to you. You understand and agree that we may, but are not obligated to, review Responses and may delete or remove them (without notice to you) in our sole and absolute discretion, for any reason or no reason. In addition, we may use Responses for the purposes set forth under the “Use of Responses: License Grant” section below.
(b) Use of Responses: License Grant:
The Company is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (each a “Response”), without further compensation, acknowledgment, or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products and creating, modifying, or improving the Site or the Products and Services. Furthermore, by posting any Response on our Site, submitting a Response to us, or in responding to questionnaires, you grant us a perpetual, worldwide, non-exclusive, royalty-free irrevocable license, including the right to sublicense such right, and right to display, use, reproduce, or modify the Response submitted in any media, software, or technology of any kind now existing or developed in the future. The Company expressly disclaims liability for the content and accuracy of a Response.
By submitting a Response, you understand and agree that you are consenting to the release of all information provided in your Response, including your rating of Products and Services, to a public forum, including other users of our Site. If you do not want your Response to be shared in a public forum, do not use the Response feature on our Site.
Consent to Cross-border Transfers
Linking to and Links from Our Site
Where our Site contains links to other websites and resources provided by third parties, these links are provided for your information and convenience only. We have not reviewed the content of those websites and have no control over the content of those websites, and accept no responsibility for them or for any loss or damage that may arise from your use of them. We are not responsible for and do not endorse or warrant any materials, information, goods, or services available through any linked websites. These third-party websites have separate and independent privacy policies, statements, notices, and terms and conditions of use, which you should read carefully. The Company expressly disclaims liability for the content and accuracy of such third-party websites.
Grant of Limited License to Use the Products and Services
Unless otherwise specified, the Products and Services, including any content viewed through our Site, are for your personal and non-commercial use only and we grant you a limited, non-exclusive, non-transferable license for that purpose. Except for the foregoing limited license, no right, title, or interest shall be transferred to you. You may not download (other than through page caching necessary for personal use, or as otherwise expressly permitted by these Terms and Conditions), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, our Site, without our express prior written consent. You may not circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections on our Products and Services. Any unauthorized use of the Site or its contents will terminate the limited license granted by us.
Ordering Products or Services
(a) Restrictions on Purchases of Products and Services:
(i) Restrictions on Geographic Availability:
Some restrictions are placed on the extent to which we accept orders for Products or Services from specific locations or jurisdictions. These restrictions may be noted on the Site. Please contact our Community Care Center at 877-448-6839 with any questions on the availability of any Products or Services before ordering Products and Services from us.
(ii) Restrictions on Age of Purchaser:
(b) Orders for Digital Download or Streaming Service:
When you place an order to purchase any downloadable Products or Services, we will send you a confirmation email that will contain details of what you have ordered, any delivery charges, as well as details regarding how you can download them. When you are purchasing a downloadable or streaming Product or Service, the agreement between us relating to such downloads or streaming Products or Services will only be formed once we make those Products and Services available for you to download from our servers.
The price of any Products and Services will be as quoted on our Site, except in cases of obvious error. Prices are subject to change at any time, but changes will not affect a pending order which has received a confirmation email from us.
Our Site contains a large number of Products and Services. Despite our best efforts, some of the Products and Services listed on our Site may be incorrectly priced. If a Product or Service’s correct price is higher than the price stated on our Site, at our discretion, we will either contact you for instructions before dispatching the Product or Service or reject your order and notify you of such rejection. In such circumstances, we are under no obligation to provide the Product or Service to you at the incorrect (lower) price, even after we have sent you a confirmation.
To use many of our Products and Services, including our membership-based programs, you must provide one or more payment methods. Payment for all Products and Services must be by credit or debit card through our third-party payment processors. We accept payment with American Express, Visa, MasterCard, and Discover. We will not charge your credit or debit card until we dispatch your order. You authorize us to charge any payment method associated with your account in case your primary payment method is declined or no longer available to us for payment(s) due. You remain responsible for any uncollected amounts. We reserve the right to accept or reject any payment in any form. You can update your payment methods by: logging in to your Member Portal and selecting “Billing;” calling our Community Care Center at (877) 448-6839; or, if applicable, following the instructions in a corresponding payment-related communication, such as an email, issued to you by the Company. We may also update your payment methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable payment method(s).
If you are enrolled in autopay, you authorize your payment method to be charged each due date, either monthly or annually depending upon your Product or Service and selected payment options. The length of your billing cycle will depend on the type of Products or Service you choose when you sign up. For annual payments for a Product or Service, your renewal and payment will be processed on the anniversary date of your signup date. Your payment date for monthly payments may change if, for example, your payment method has not successfully settled, you change the type of Products or Service you have or add additional Products and Services, or your Product or Service, such as your membership, began on a day not contained in a given month. You will be notified by email annually in advance of your bill and pending renewal. If you are enrolled in automatic renewal, your Product or Service will be renewed automatically. You may cancel at any time to avoid future charges (prorated billing may apply) and automatic renewal. To cancel, change your payment or renewal preferences, or if you have any questions, call our Community Care Center at (877) 448-6839.
The term of a Services Agreement is noted in that Services Agreement and, if such agreement is eligible for renewal, it will continue and automatically renew until terminated, based upon the terms therein. For Services Agreements with a twelve (12) month term, you will receive an annual notification regarding the renewal of your membership, regardless of annual or monthly payment status. U.S. LawShield will automatically continue your membership and automatically charge the applicable membership fee, either annually or monthly, to your payment method until you cancel or change your payment or renewal preferences.
Any agreement between you and the issuer of your credit card, debit card, or other form of payment governs your purchases of any Products or Services. Check with your payment method service provider for details regarding whether they may charge you certain fees relating to the processing of your payment method. Input of credit card information or other payment information is considered consent to use that information for the limited purpose of payment processing through our third-party payment processors. We disclaim liability for improper use or handling of payments by third-party payment processors. You agree that the Company is not party to any agreement or dispute with your credit card company or other payment processor.
(e) Services Provided:
The Company offers various membership-based plans and programs and provides firearm and self-defense legal education and training through newsletters, digital and print media, seminars, courses, and events. The Company also provides Members with members-only perks, including discounts at a variety of stores and businesses. Not all Products and Services are available in all states. To view availability based upon state, please visit: www.uslawshield.com/member-sign-up/.
We may also periodically offer special promotional offers, plans, or memberships where permissible. Promotional offer eligibility is determined by U.S. LawShield at its sole discretion, and we reserve the right to revoke any promotional offer. The eligibility requirements and other limitations and conditions will be disclosed when you sign up for the promotional offer or in other communications made available to you.
For example, the term of a one-year Services Agreement is 12 months from when you sign up, and the term will automatically renew and extend for 12 months on each anniversary of your signup date. In the case of a one-year agreement, the term will be paid in monthly installments if you have selected a monthly membership. You must cancel to avoid billing of fees for the next applicable billing cycle.
All legal services are provided by independent third-party program attorneys. The Company is not a law firm and is comprised of pre-paid legal services companies or similar entities regulated under state law, which provide benefits and coverage for members. In some states, these products are offered by prepaid legal companies regulated under state law. In others, the applicable entity offers an insurance product. U.S. Law Shield, LLC is underwritten by Fortegra Companies in many states where the entities conduct business as the policy administrator for an insurance company. Fortegra Companies are rated A- (Excellent) for financial strength and operating performance by A.M. Best. In these states, all of our products are underwritten by one of the following Fortegra companies, depending on the state: Lyndon Southern Insurance Company, Response Indemnity Company of California, Blue Ridge Indemnity Company, and Insurance Company of the South. 100% of the insurance administration, technology, and customer service is provided here, in the USA. To view the terms applicable to your state, please visit: www.uslawshield.com/member-signup/.
The trademarks, trade names, trade dress, logos, and service marks (collectively, the “Trademarks”) displayed on this Site are the registered and/or unregistered Trademarks of Company, or such third party that may own the displayed Trademarks. Nothing contained on this Site or in the Terms and Conditions serves to grant to you, by implication or otherwise, any license or right to use any Trademarks displayed on this Site without the express written permission of Company or such third party that may own the displayed Trademarks.
(b) Site Contents and Copyright:
The text, Trademarks, logos, images, graphics, photos, video files, application functionality, or any other digital media, the Products and Services available through our Site and their arrangement, coding, and functionality on this Site (“Company Intellectual Property”) are all subject to patent, copyright, trademark, and other intellectual property protection. Company Intellectual Property may not be copied for commercial use or distribution, nor may Company Intellectual Property be modified, processed, or reposted to other websites for commercial purposes without our prior express written permission. Access is granted to this Site solely for your use of Company services for personal entertainment, information, education, and communication with Company. You may download a copy or print the content of this Site for your personal non-commercial use only. You are not permitted to copy, print, download, or use the content of this Site for commercial use. No right, title, or interest in any of the content of this Site is transferred to you as a result of any downloading, copying, printing, or use of this Site. All such rights in Company Intellectual Property, not expressly granted by the Company, are reserved to only the Company. You are not permitted to modify the paper or digital copies of Company Intellectual Property, or to use any illustrations, photographs, video, or audio sequences or any graphics separately from any accompanying text.
If you print off, copy, download, or otherwise use any part of our Site or our Products or Services in breach of these Terms and Conditions, your right to use our Site and such Products and Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
The Company’s Products and Services are provided for your personal use only. You agree not to resell, copy, or redistribute these materials, nor may you use it for any commercial purpose.
Digital Millennium Copyright Act
Pursuant to our rights under the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512, any copyright infringement notices for claims of infringement related to materials found on this Site should be directed to: U.S. Law Shield, Attention: Legal Department, 1020 Bay Area, Suite 220, Houston, Texas 77058.
(a) DMCA Infringement Notification.
To be effective, your infringement notification must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material or content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or have access disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, including address, telephone number, and email address where the complaining party may be contacted;
- The following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”; and
- The following statement: “The information in this notification is accurate, and under penalty of perjury, I swear that I am the copyright owner or that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
Upon receipt of the written notification containing the information as outlined in 1 through 6 above:
- We will remove or disable access to the content that is alleged to be infringing;
- We will forward the written notification to the alleged infringer; and
- We will take reasonable steps to promptly notify the alleged infringer that we have removed or disabled access to the content.
(b) DMCA Infringement Counter Notification
Pursuant to the DMCA, after the alleged infringer receives a notice of infringement from Company, the alleged infringer will have the opportunity to respond to Company with a counter notification (“Counter Notification”). To be effective, a Counter Notification must be a written communication provided to Company’s designated copyright agent, and must include the following:
- A physical or electronic signature of the subscriber;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled;
- The following statement: “I swear under penalty of perjury that it is my good faith belief that the material identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled”; and
- The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of the federal district court for the judicial district in which the subscriber’s address is located, or if the subscriber’s address is outside of the United States, or any judicial district in which Company may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person.
Upon the copyright agent’s receipt of a Counter Notification containing the information as outlined in 1 through 4 above, the DMCA provides that the removed material will be restored or access re-enabled and we will comply with this requirement as required by law, provided that the designated agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our network.
Commentary, testimonials, reviews, materials, and other content posted on our Site along with the Products and Services themselves are not intended to amount to legal or medical advice on which reliance should be placed. We, therefore, disclaim all liability and responsibility arising from any reliance placed on such content by any user of our Site, or by anyone who may be informed of any of its contents. Content on the Site, and the facts and laws on which the content is based, are subject to change without notice. Any of the content on our Site may be out of date at any given time, and we are under no obligation to update such content. The Company is not responsible and expressly disclaims any liability for the user’s reliance on any content from the Site.
Our liability to you as a result of any breach, including deliberate breaches, is strictly limited to the purchase price of the Product or Service you purchased.
(a) Disclaimer of Warranties and Limitations of Liability
THE CONTENT AND PRODUCTS AND SERVICES PROVIDED IN AND THROUGH THE SITE IS NOT LEGAL ADVICE. THE COMPANY IS NOT A LAW FIRM, AND THE EMPLOYEES AND CONTRACTORS (INCLUDING ATTORNEYS, AND INDEPENDENT PROGRAM ATTORNEYS, IF ANY) OF THE COMPANY ARE NOT ACTING AS YOUR ATTORNEYS, AND NONE OF THEM ARE A SUBSTITUTE FOR THE ADVICE OF YOUR OWN ATTORNEY OR LAW FIRM LICENSED TO PRACTICE LAW IN YOUR STATE. THE EMPLOYEES OR CONTRACTORS OF THE COMPANY WHO PROVIDE PRODUCTS AND SERVICES ARE NOT PROVIDING LEGAL ADVICE AND ARE NOT CREATING OR ENTERING INTO AN ATTORNEY-CLIENT RELATIONSHIP WITH YOU. EVEN THOUGH WE TAKE EVERY REASONABLE EFFORT TO ATTEMPT TO MAKE SURE THE CONTENT ON THE SITE IS ACCURATE, UP TO DATE, AND USEFUL, WE RECOMMEND THAT YOU CONSULT A LAWYER LICENSED TO PRACTICE LAW IN YOUR STATE IF YOU WANT A LEGAL OPINION THAT OUR CONTENT, AND YOUR INTERPRETATION OF SUCH CONTENT, IS APPROPRIATE TO YOUR PARTICULAR SITUATION. YOU ARE RESPONSIBLE FOR SEEKING LEGAL ADVICE FOR ANY INCIDENT OR CASE PENDING AGAINST YOU. THE CONTENT AND THESE PRODUCTS AND SERVICES ARE NOT GUARANTEED TO BE CORRECT, COMPLETE, OR UP TO DATE. THE COMPANY’S SITE IS NOT A SUBSTITUTE FOR THE ADVICE OF YOUR OWN ATTORNEY.
YOU CANNOT BECOME A TRAINED OR LICENSED PROFESSIONAL BASED ON THE CONTENT AND PRODUCTS AND SERVICES FOUND ON THE SITE. YOU ARE THEREFORE STRONGLY ENCOURAGED TO REVIEW THE CONTENTS OF THE SITE AGAINST OTHER SOURCES AND OBTAIN TRAINING BEFORE ATTEMPTING TO UTILIZE ANY OF THE CONTENT AND PRODUCTS AND SERVICES DESCRIBED ON THE SITE.
THE CONTENT AND PRODUCTS AND SERVICES ON THE SITE DESCRIBE SCENARIOS WHERE THERE IS A RISK OF INJURY, DEATH, CRIMINAL PROSECUTION, AND/OR CIVIL LIABILITY. THE COMPANY HAS NO WAY OF KNOWING WHETHER YOU POSSESS THE SKILL AND TRAINING TO SAFELY AND LAWFULLY UTILIZE THE CONTENT AND PRODUCT AND SERVICES ON THE SITE. CONSEQUENTLY, THE COMPANY DISCLAIMS ANY AND ALL LIABILITY FOR ANY INJURY AND DAMAGES RESULTING FROM THE SITE. RELIANCE ON THE CONTENT DESCRIBED IN THE SITE IS AT YOUR OWN RISK.
THE CONTENT AND PRODUCTS AND SERVICES ON THE SITE ARE PROVIDED SOLELY FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE CONTENT AND THE PRODUCTS AND SERVICES (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SITE IS AT YOUR SOLE RISK. THE CONTENT AND PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE PRODUCTS AND SERVICES AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SITE, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY DATA FROM ANY THIRD PARTY OR FOR ANY INTERRUPTIONS IN THE AVAILABILITY OF ANY CONTENT, PRODUCT, OR SERVICE, WHETHER THE RESULT OF ACTIONS BY THE COMPANY OR ANY THIRD PARTY.
IN JURISDICTIONS WHERE THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES IS NOT ALLOWED, ANY DAMAGES AGAINST THE COMPANY, ITS AFFILIATES, AGENTS, LICENSORS, AND SUPPLIERS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
(b) Medical or First Aid Content
No medical or legal advice is provided by the medical or first aid content in the Site. The content is offered “as is” without any representations or warranties, express or implied, and does not guarantee or promise a specific outcome, positive, negative, or otherwise. General principles of medical care should not be construed as specific instructions for individuals afflicted with injuries. Treatments described may not be applicable to all people. Some people may require other treatment or additional safety measures that are not described. Always consult a professionally trained expert as early as possible.
Some of the activities and methods portrayed may be inappropriate for certain individuals due to their lack of first aid skills, materials at hand, physical condition, mental condition, or other handicaps. The Company, publishers, presenters, authors, and any other party involved in the preparation of this content disclaim any (i) liability from any injury, death, loss, or other damages cause or sustained as a consequence of the use and application, proper or improper, of the content; and (ii) legal responsibility or liability for any errors, omissions, misstatements, or ambiguity contained or any harm or injury resulting from following the instructions or advice provided.
Due to the constantly changing nature of medical science and technology, we do not guarantee that the content is accurate, safe, correct, sufficient, up to date, or complete, or that it should be considered a substitute for the opinion of a medical professional. The emergency care procedures outlined reflect the standard of knowledge and accepted emergency practices in the United States at the time of publication and are based upon the careful research and professional experience of the authors and presenters. It is your responsibility to stay informed of changes in emergency care or gunshot wound first aid procedures. This content is not intended as a statement of the standards of care required in any particular situation. Circumstances and the patient’s physical condition can vary widely from one emergency to another. The content is not a complete and comprehensive training for first aid or gunshot wound aid. Taking a certified first aid course that includes life-saving emergency procedures is suggested.
If any medical or first aid product is used in the content, the manufacturer’s product information and package inserts should be reviewed for current product information, including contradictions, precautions, and instructions. It is your responsibility to read and follow all instructions and warnings on product labels or information sheets.
(c) Legal Content
The content does not, in any way, advise you concerning the legal authority to perform the activities or procedures discussed or the legal repercussions for performing such activities correctly or incorrectly. Such determinations should be made only with the aid of legal counsel. If you are in an incident involving any use of force or other occurrence as described in the content, you should consult with a licensed attorney in your state. The content contains information relating to general principles of law and should not be construed as legal advice for any particular incident. The professionals appearing in such content are not acting as your attorneys and have not created an attorney-client relationship with you.
Reference to any specific commercial product, process, or service by trade name, trademark, manufacturer, or otherwise does not constitute or imply its endorsement, recommendation, or solicitation by the Company, authors, publishers, presenters, or any other party involved in the preparation of the content, and such reference shall not be used for advertising, solicitation, or product endorsement purposes. You are responsible for any and all medical services, products, or devices you choose to use or purchase.
The Company, the publisher, author, presenter(s) and any other party involved in the preparation of the content make no warranties of any kind, either express or implied, including but not limited to warranties of fitness for a particular purpose, including those with regards to the cover of the First Aid for Gunshot Wounds book or any other product or service. Use of any improvised medical device by a user is at the user’s risk. You understand that the Company, the publisher, author, and any other party involved in the preparation of the content are not responsible as a matter of product liability, negligence, or otherwise, for any injury resulting from the use of any improvised device or product, in any fashion, even based on information contained in the content.
No added legal obligations are required or created beyond those existing under the laws of your jurisdiction. Depending upon the laws of your jurisdiction and the circumstances of each incident, you may or may not be legally required to assist someone. Our certification, content, and Site are not affiliated with any state, federal, or local government and do not create any legal duties beyond the existing laws of your jurisdiction and do not change or alter your legal obligations or duties. You should consult with an attorney in your jurisdiction to determine the requirements under the laws of your jurisdiction.
Some individuals may complete the First Aid for Gunshot Wounds course in more time or less time than 90 minutes, depending upon a number of factors including, but not limited to, internet speed, computer hardware and software, general attention and distractions, experience, lack of experience, prior training, and personal circumstances. The statements on our Site about completing the First Aid for Gunshot Wounds course and/or getting certified within a certain, stated, or suggested number of minutes are not promises or guarantees that you can or should complete the First Aid for Gunshot Wounds course in that amount of time. We strongly recommend that you spend as much time as necessary studying the materials.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPANY, ANY PARENT CORPORATION, ITS AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, SUITS, PROCEEDINGS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, AND EXPENSES (INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEYS’ FEES) ARISING FROM: (I) YOUR USE OF AND ACCESS TO THE SITE; (II) YOUR VIOLATION OF THESE TERMS AND CONDITIONS; (III) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY INTELLECTUALPROPERTY OR PRIVACY RIGHT; OR (IV) ANY CLAIM THAT YOUR USE OR ACCESS TO THE SITE CAUSES DAMAGE TO A THIRD PARTY. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS AND CONDITIONS AND YOUR USE OF THE SITE.
Successors and Assigns
The Terms and Conditions and any Services Agreement are binding on you, your heirs, executors, administrators, and other legal representatives and are for the benefit of the Company and its successors and assigns.
Transfer of Rights and Obligations
You may not transfer, assign, change, or otherwise dispose of these Terms and Conditions or a Services Agreement, or any of your rights or obligations arising under them, without our prior written consent. We may transfer, assign, charge, sub-contract, or otherwise dispose of these Terms and Conditions or a Services Agreement, or any of our rights or obligations arising under them, at any time.
If at any time during the term of a Services Agreement we do not enforce a breach or violation of any of your obligations therein or these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Services Agreement or these Terms and Conditions, this failure or inaction shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any provision of the Terms and Conditions or a Services Agreement is determined to be invalid, unlawful, or unenforceable, such provision will be severed from the remaining terms which will continue to be valid to the fullest extent permitted by law.
Notice and Consent to Electronic Communications
When you visit this Site or send emails to us, you are communicating with us electronically. By using this Site, you consent to receive communications from us electronically, including, without limitation, email and text messages. We will communicate with you by email, text messaging, or by posting notices to your account on this Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement for enforceability purposes, including the enforcement of electronic signatures.
Law and Jurisdiction
DISPUTE RESOLUTION BY BINDING ARBITRATION
Please read this carefully as it affects your rights.
Most customer concerns can be resolved quickly and to the customer’s satisfaction by calling our Community Care Center at (877) 448-6839. In the unlikely event that we are unable to resolve your complaint to your satisfaction, we each agree to resolve those disputes through binding arbitration rather than in a court of law. Any arbitration will take place on an individual basis. Class arbitrations and class actions are not permitted.
(a) We mutually agree to arbitrate all disputes and claims between us before a single arbitrator. The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted. It applies, without limitation, to:
- claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory;
- claims arising out of or relating to any prior, current, or subsequently updated Terms and Conditions (including, but not limited to, claims relating to advertising);
- claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
- claims that may arise after the termination of these Terms and Conditions.
You agree that the Terms and Conditions shall be interpreted and construed exclusively in accordance with the laws of the State of Texas. By entering into these Terms and Conditions, you are waiving the right to a trial by jury or to participate in a class action. These Terms and Conditions evidence a transaction or website use in interstate commerce, and thus the Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of these Terms and Conditions.
(b) A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute (“Notice”) to the other party. A Notice to us should be addressed to: Notice of Dispute, Attention: Legal Department, U.S. LawShield, 1020 Bay Area Blvd., Ste. 220, Houston, TX 77058 (the “Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought (“Demand”). If we do not reach an agreement to resolve the claim within 30 days after the Notice is received, we may commence an arbitration proceeding.
(c) The arbitration will be governed by the Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (the “AAA”), as modified by these Terms and Conditions, and will be administered by the AAA. We agree that any arbitration hearings will take place in Harris County, Texas. You agree to be bound by the decision of the Arbitration.
(d) Any appeals of arbitration and any other lawsuits arising from a final and binding arbitration award must be filed in Harris County, Texas.
(e) No court shall have jurisdiction over any lawsuits arising from these Terms and Conditions, or the user’s use of the Site unless and until the parties complete arbitration pursuant to this provision.
These Terms and Conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Products and Services and supersede any prior agreement, understanding, or arrangement between us, whether orally or in writing.
We each acknowledge that, in entering into a Services Agreement, neither of us has relied on any representation, undertaking, or promise given by the other or implied from anything said or written in negotiations between us prior to such Services Agreement except as expressly stated therein or in these Terms and Conditions.
Neither of us shall have any remedy in respect of any untrue statement made by the other (unless such untrue statement was made fraudulently), whether orally or in writing, prior to the date of any Services Agreement and the other party’s only remedy shall be for breach of contract as provided in these Terms and Conditions.