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Assault Prevention LLC Web Site Agreement
Thank you for visiting the Assault Prevention web site (www.assaultprevention.org). Assault Prevention is the sole owner of this web site. If you have any questions about our web site terms of use and policies, you may email us or write to:
Assault Prevention LLC
P.O. Box 5413
Hopkins, MN 55343
The AssaultPrevention.Org Web Site (the "Site") is an online information service provided by Assault Prevention LLC ("AssaultPrevention.Org "), subject to your compliance with the terms and conditions set forth below. Please read this document carefully before accessing or using the site. By using the site, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use the site. AssaultPrevention.Org may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement on the site. You agree to review the agreement periodically to be aware of such modifications and your continued access or use of the site shall be deemed your conclusive acceptance of the modified agreement.
You may use this web site for lawful purposes only. In addition, visitors under the age of 18 are not authorized to post messages or other materials on this site.
You are prohibited from using on this web site, from transmitting to or through this web site, or linking to or from this web site (i) any unlawful, threatening, obscene, defamatory, libelous, harassing, pornographic, hateful or ethnically, racially or otherwise objectionable or harmful material, or (ii) any material that would contribute to a civil or criminal offense, otherwise violates any law, or which infringes on any intellectual property right, or (iii) content that is used in a manner that is contrary to Assault Prevention's public image, goodwill, reputation or mission, or in a manner that is otherwise inappropriate, derogatory or offensive (collectively, "Objectionable Material"), in each case, as determined by Assault Prevention in its sole and absolute discretion.
While accessing and using this web site or another Site, you may be provided certain services such as web site development tools and the use of web space that can be personalized with your own content or otherwise to create a personal webpage (a "Personal Homepage"), or the ability and create unique videos using Assault Prevention-provided content and music as well as your own personal pictures ("Videos"). In such event, any use of the services will be subject to these conditions. Despite these conditions and terms of use, information provided by others may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Assault Prevention assumes no responsibility or liability for this material. If you become aware of misuses by any person, please contact Assault Prevention. Assault Prevention reserves the right, in it’s sole discretion, to reject, refuse to post or remove any messages or other material by you, with or without prior notice, or to restrict, suspend or terminate your access to all or any part of the site at any time, for any or no reason with or without prior notice and without liability. If you are unhappy with messages and other material posted your sole remedy is to cease using the site. Any and all messages or other material submitted by you become the property of Assault Prevention and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed and published, displayed or deleted as Assault Prevention sees fit.
COPYRIGHT, LICENSES, AND IDEA SUBMISSIONS
The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are AssaultPrevention.Org, its affiliates or other third party licensors. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute, in any manner, the material on the site, including text, graphics, code and/or software. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials.
You agree to grant to AssaultPrevention.Org a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public OR Membership areas of the Site (such as bulletin boards, forums, newsgroups, videos) or by e-mail to AssaultPrevention.Org by all means and in any media now known or hereafter developed. You also grant to AssaultPrevention.Org the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against AssaultPrevention.Org for any alleged or actual infringement or misappropriation of any proprietary right in your communications to AssaultPrevention.Org.
TRADEMARKS
Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or service marks of AssaultPrevention.Org. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
USE OF THE SITE
You understand that, except for information, products or services clearly identified as being supplied by AssaultPrevention.Org, AssaultPrevention.Org does not operate, control or endorse any information, products or services on the Internet in any way. Except for AssaultPrevention.Org- identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with AssaultPrevention.Org
You also understand that AssaultPrevention.Org cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
You assume total responsibility and risk for your use of the site and the Internet. AssaultPrevention.Org provides the site and related information “as is” and does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the service, any merchandise information or service provided through the service or on the Internet generally, and AssaultPrevention.Org shall not be liable for any cost or damage arising either directly or indirectly from any such transaction.
It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all information, opinions, advice, services, merchandise and other information provided through this website or on the Internet generally. AssaultPrevention.Org does not warrant that the service will be uninterrupted or error-free or that defects in the service will be corrected. You understand further that the pure nature of the internet contains unedited materials some of which are sexually explicit or may be offensive to you. Your access to such materials is at your own risk. AssaultPrevention.Org has no control over, and accepts no responsibility for such materials.
LIMITATION OF LIABILITY
In no event will AssaultPrevention.Org be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, physical injury, emotional distress and the like) arising out of the use or inability to use the service, or any information, or transactions provided on the service, or downloaded from the service, or any delay of such information or service.
Even if AssaultPrevention.Org or its authorized representatives have been advised of the possibility of such damages, or any claim attributable to errors, omission, or other inaccuracies in the service and/or materials or information downloaded through the service. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, AssaultPrevention.Org liability is limited to the greatest extent permitted by law.
AssaultPrevention.Org makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-AssaultPrevention.Org web site, please understand that it is independent from AssaultPrevention.Org, and that AssaultPrevention.Org has no control over the content on that web site. In addition, a link to a AssaultPrevention.Org web site does not mean that AssaultPrevention.Org endorses or accepts any responsibility for the content, or the use, of such web site.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless AssaultPrevention.Org, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
THIRD PARTY RIGHTS
The provisions of Use of the Service and Indemnification are for the benefit of AssaultPrevention.Org and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
TERM & TERMINATION
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of Copyright, Licenses and Idea Submissions, Use of the Service, Indemnification, Third Party Rights and Miscellaneous shall survive any termination of this Agreement.
MISCELLANEOUS
This web site is controlled by Assault Prevention, which is headquartered in Minneapolis, Minnesota, United States of America. They can be accessed from all 50 states, as well as from other countries around the world. Since each of these places has laws that may differ from those of Minnesota, by accessing this web site, you agree that the statutes and laws of the State of Minnesota, without regard to conflicts of laws principals thereof, will apply to all matters arising from or relating to use of this web site, or any information, content or services available via this web site. In the event that any claim, dispute or other controversy arising out of this web site, any information, content or services available via this web site, these Terms of Use, or any other terms or conditions governing this web site cannot be amicably settled through good-faith negotiations, you hereby irrevocably consent to the jurisdiction of the federal and state courts in Minneapolis, Minnesota as the exclusive forum and venue for the resolution of such disputes, and further waive and agree not to assert as a defense or otherwise, that (i) you are not personally subject to the jurisdiction of the above-named courts, (ii) the suit, action or proceeding is brought in an inconvenient forum, or (iii) the venue of the suit, action or proceeding is improper. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
AssaultPrevention.Org's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. AssaultPrevention.Org may assign its rights and duties under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.
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