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Welcome to the Internet web site of CombatEnduranceTraining.com and thank you for reviewing our Terms and Conditions of Use Agreement. This site is owned and operated by Mike Lewitz, dba FAN Enterprises, and herein referred to as "we," "us" or "our." This agreement applies to all persons who visit and purchase from us. If you do not agree to be bound by and comply with all of the terms and conditions as stated herein and foregoing, you may not use or access this Internet web site or any of its content. Our Internet web sites are available to, and may only be used by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our Internet web sites are not available to children (persons under the age of 18). Our Internet web sites are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to applicable law or regulation. Use of this Internet web site, the information and materials accessible by such use, and information directly connected with any of our programs, is made available to you only through your acceptance of these Terms and Conditions of Use, our Privacy Policy, our Disclaimer, and any such other notices that may be posted on this Internet web site from time to time (collectively referred to herein as the "Terms of Use"). The owner and operator of this Internet web site shall have the right, at its sole discretion, to modify, add or remove any term or condition contained herein without notice or liability to you or any other person. Any changes to these Terms of Use shall be effective immediately following the posting of such changes on this Internet web site. You agree to review these Terms of Use from time to time and agree that any subsequent use by you of this Internet web site following changes to these Terms of Use shall constitute your acceptance of all such changes. These Terms and Conditions of Use were last modified on Monday, September 14, 2009. AS-ISThe performance of this Internet web site and all information contained on, downloaded, purchased from, and accessed from this Internet web site and its entire domain are not guaranteed to produce any particular result and are provided to you for informational purposes only on an "as is" basis, without any warranties of any kind whatsoever, including any express or implied warranties or warranties of merchantability, fitness for a particular purpose, accuracy or non-infringement of the rights of third parties. This information is not intended to provide any commercial, financial, tax, or legal advice. Use the information contained herein at your own risk. Seek the advice of a qualified professional before beginning any business or investment venture. Check with your accountant, lawyer, or other professional advisor before acting on this or any other information. Privacy Policy and CAN-SPAM MattersYou have read and agree to all of the terms and conditions of our Privacy Policy. You acknowledge and agree that, by providing us with your name and email address on the entry page of this Internet web site, you have subscribed to an e-mail newsletter and agree to receive emails from us. This e-mail newsletter is offered as a free service without cost or obligation. Should you wish to unsubscribe at any time from this free newsletter, you may do so by clicking on the unsubscribe link found at the bottom of every newsletter. On occasion, subscribers have had trouble removing themselves from this free newsletter. If you encounter any similar difficulties, please contact us at FredNicklaus@CombatEnduranceTraining.com By entering this Internet web site, you agree that you have opted-in to receive our newsletter by providing your name and email address on our Internet web site in accordance with our Privacy Policy, and agree that you will make no threats or take any action against the owner or operator in the event you are unhappy with the content contained in our newsletter or that you subscribed or are not able to remove yourself from the mailing list, and you agree that the small inconvenience of receiving this newsletter will cause you no personal, emotional, or financial harm whatsoever. We have a 'Zero Tolerance' SPAM policy. We never send SPAM and we do not accept SPAM. Unsolicited commercial emails are considered SPAM under United States Federal laws. In an effort to help reduce Internet SPAM, all unsolicited commercial emails (i.e. 'SPAM') are reported to the United States Federal Trade Commission (FTC) and the respective Internet Service Provider. Confidentiality and Transmission Over The InternetThe transmission of data or information (including communications by e-mail) over the Internet or other publicly accessible networks is not secure and is subject to possible loss, interception or alteration while in transit. Accordingly, we do not assume any liability for any damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks, such as transmissions involving the exchange of e-mail with us (including those which may contain your personal or credit card information). While the owner and operator shall take commercially reasonable efforts to safeguard the privacy of the information you provide us and treat such information in accordance with our Privacy Policy, in no event will the information you provide to us be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without our consent. User Conduct, Obligations and Restricted ActivitiesYou agree to follow all applicable laws, regulations, rules or ordinance of any nationality, state, or locality of any international law or treaty that could give rise to any civil or criminal liability when using this Internet web site. Furthermore, you agree that you shall not:
By uploading, posting or otherwise transmitting through or to our Internet web site any content (including but not limited to testimonials or endorsements), you grant to us, our affiliates, successors and assigns, a non-exclusive, world-wide, royalty free, perpetual, non-revocable license to use or distribute such content in any manner otherwise than as stated in our Privacy Policy. This includes, but is not necessarily limited to, the right to reproduce, edit or create derivative works from such content. Proprietary and Intellectual Property RightsAll content and code contained on and within this Internet web site is the copyrighted property of the owner of this Internet web domain and is protected by USA and International copyright law. Unauthorized use, copying or distribution of any contents or code contained within this Internet web domain and site is prohibited, except where specifically stated, and violators may be held criminally liable to the fullest extent allowable by USA and International laws. Certain URL's within this Internet web site may contain information, content or materials that are copyrighted by another party. Such information is used under license with full permission and each respective third party retains full enforceable copyright. Our policy is to comply with all applicable intellectual property laws with respect to any content that we may post on this Internet web site. If you believe that your work has been reproduced on this Internet web site in a manner that constitutes copyright infringement, please provide a notice (which may be submitted electronically) containing all of the following information:
All notices of copyright infringement should be sent to FredNicklaus@CombatEnduranceTraining.com or the physical address located at the bottom of this page. Third Party Web Sites, Content and Products and ServicesYou acknowledge and agree that your business dealings with any third parties, including any merchants or advertisers, found on, or accessed through our Internet web sites and any of their services, including payment for and delivery of any goods and services, are solely as between you and such third parties. If we provide access to third party providers of goods and/or services, you acknowledge and agree that we may receive referral fees and/or other compensation from such third parties. You acknowledge that we assume no responsibility whatsoever for any charges, losses or liabilities you may incur when making purchases or completing transactions with such third parties, and we shall not be responsible or liable in any way for any loss or damage of any kind which you may incur as a result of, or in connection with, any dealings or transactions with such third parties. Furthermore, the owner or operator assumes no responsibility for any content which you may find on sites that link either to or from us, including (without limitation) the accuracy of the information found on these sites, the compliance (or lack thereof) with any legal requirements applicable to these sites and for any viruses or other harmful programs that may be contained on these sites, nor is the owner or operator responsible should any site contain content or links to other sites that you may find offensive. By accessing third party services through our Internet web sites, you hereby authorize such third party services to provide us with personal information regarding your use of and your activities with respect to the purchase and use of third party services and/or goods. Links or pointers to other Internet web sites and references to products and services offered by third parties are provided to you for convenience only and do not constitute an endorsement or approval by us of (i) the organizations that operate such Internet web sites, (ii) the content, privacy policies or other terms of use on such Internet web sites or (iii) such third party products and services. As we have no control or responsibility over Internet web sites or content maintained by other organizations, or for products and services offered by third parties, we do not assume any liability for your use of any of the foregoing, which use you acknowledge and agree shall be at your own risk. Indemnification By UserYou agree to indemnify, defend and hold us and our affiliates, business partners, officers, directors, employees and agents harmless from any loss, liability, claim, demand, damage, or expense (including reasonable legal fees) asserted by any third party relating in any way to your use of this Internet web site or breach of these Terms of Use. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations. GeneralIf any provision of these Terms of Use is held invalid or unenforceable in any respect by any court with jurisdiction over the parties, such provision shall be enforced to the maximum extent permitted by law, a nd the remaining provisions of these Terms of Use shall continue in full force and effect. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision of these Terms of Use. Failure by the owner or operator to enforce any of its rights under this agreement shall not be construed as a waiver of those rights or any other rights in any way whatsoever. These Terms of Use shall be governed by and construed in accordance with the Federal laws of the United States of America and the laws of the State of Wisconsin, without regard to conflict of laws provisions thereto. The parties consent to the exclusive jurisdiction of the courts of, and venue and situs in, La Crosse County, La Crosse, Wisconsin, USA. ContactIf you have any questions or concerns about these Terms of Use, our Disclaimer, our Privacy Policy, our Internet web sites, or any other information or content provided by us, please feel free to contact us at: Fred Nicklaus Please note that we are only able to correspond in English.
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