PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By accessing or using this website or other ACADEMY OF FENCING MASTERS, INC. (or collectively, “AFM”) product or service (collectively the “Products”) you are deemed to have read, understand and agreed to be bound by these Terms and Conditions of Use and any other applicable law, whether or not you are a registered member of AFM. We reserve the right to change these Terms and Conditions of Use at any time without notice, effective upon its posting to the website. Your continued use of the Products shall be considered your acceptance to the revised Terms and Conditions of Use. If you do not agree to these Terms and Conditions of Use, please do not use this website.
Website Use Restrictions
The contents of this website are protected by copyright and trademark laws, and are the property of AFM. Unless we say otherwise, you may access the materials located within the website only for your personal use. This means you may download copies of posted materials for personal, noncommercial use only, so long as you neither change nor delete any author attribution, trademark, legend or copyright notice. When you download copyrighted material, you do not obtain any ownership rights to that material.
You may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the website. Only if you obtain prior written consent from us — and from all other entities with an interest in the relevant intellectual property — may you publish, display or commercially exploit any material from the website.
Disclaimer
The materials on this website are provided “as is”. AFM makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, AFM does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet website or otherwise relating to such materials or on any sites linked to this site. AFM may make changes to the materials contained on its website at any time without notice. AFM does not, however, make any commitment to update the materials
Product Orders
All orders placed through this website are subject to AFM’s acceptance. This means that AFM may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, AFM will issue you a refund.
Safeguard Your Username/Password
You are responsible for any actions that take place while using your AFM account. You are responsible to keep your user id and password secure and do not allow anyone else to use your user id and password to access this website. AFM is not responsible for any loss that results from the unauthorized use of your user id and/or password, with or without your knowledge.
Limitation of Liability
Under no circumstances, including but not limited to negligence, will AFM be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on the website, or any products of services provided pursuant to the website, even if advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages (including but not limited to lost data), so the above limitation or exclusion may not apply to you. In no event shall the total liability to you by us or any of our licensors or suppliers for all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you to us, if any, for accessing the website.
No Personal Advice
The information contained in or made available through the website cannot replace or substitute for the services of trained professionals in any field, including, but not limited to medical or legal matters. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. We make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through the website. We will not be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death.
Privacy Policy
We are committed to protecting your privacy and security and have explained in detail the steps we take to do so. We urge you to read our Privacy Policy below.
Indemnity
You agree to defend, indemnify and hold us harmless, and our officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) any breach by you of any of these terms and conditions, (ii) your content and materials, (iii) your use of materials or features available on the website (except to the extent a claim is based upon infringement of a third party right by materials created by us) or (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
Jurisdictional Issues
We control and operate this website from our offices in the state of California, United States of America. We do not represent that materials on the website are appropriate or available for use in other locations. Persons who choose to access this website from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
These Terms and Conditions of Use will be governed by and construed in accordance with the laws of the State of California, without regard to any principles of conflicts of law. You agree that any action of law or inequity that arises out of or relates to these Terms and Conditions of Use will be subject to binding arbitration in accordance with the State of California arbitration association and will be arbitrated in Campbell, CA.
Severability
If any provision in these Terms and Conditions of Use is held invalid, the remainder of these Terms and Conditions of Use shall continue to be enforceable. If any provision in these Terms and Conditions of Use is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms and Conditions of Use and the remaining provisions are still valid and enforceable.
Termination
AFM reserves the right in its sole discretion to terminate your account, delete your profile and any of your User Generated Content, and restrict your use of all or any part of the website for any or no reason, without notice, and without liability to you or anyone else. AFM also reserves the right to block users from certain IP addresses or Device numbers and prevent access to the website. You understand and agree that some of your User Generated Content, such as that which is displayed outside your profile, in activity feeds, in other parts of the website, or on other platforms (e.g., Facebook, Twitter, Google, etc), may continue to appear on the website or on other platforms even after your User Generated Content is removed or your account is terminated. These Terms and Conditions of Use remain in effect even after your account is terminated. The Terms and Conditions of Use relating to Intellectual Property, Indemnification, User Interaction Disclaimer, Warranty Disclaimer, Limitation of Liability, Miscellaneous, Severability and terms that by their nature may survive termination shall survive any termination.