- User’s Acknowledgment and Acceptance of Terms; Modifications
- Description of Services; Subscription and Fees
- Access to software
- We make various services available on this Site including, but not limited to various preconfigured packages of software components, which include both third party software components (“Third Party Software” as well as Survival School proprietary software (“Survival School Software”, as packaged together with Third Party Software, a “Survival School”), which may be downloadable or deployable directly in the cloud, as well as various services and features to allow you to manage your account and other like services.
- We have no obligation to maintain any particular Survival School Software and may add and discontinue Survival School’s at any time. As a subscriber to the Site, as contemplated below, you will have access to the then-current Survival School library and Survival School Software as it may change from time to time. Once we discontinue a Survival School or any piece of Survival School Software, you may continue to use any instance that you currently have implemented, but we will no longer maintain, update or support Survival School’s or Survival School Software that has been discontinued.
- You are responsible for providing, at your own expense, all equipment necessary to use the services, including a computer, modem, and Internet access (including payment of all fees associated with such access).
- Subscriptions. In order to use certain features of the Site, such as obtaining access and updates to Survival School’s, you must register and pay for a subscription. Subscriptions are for the term selected at the time of registration, and automatically renew on expiration of the then-current term, unless you cancel your subscription prior to such expiration (together, the “Subscription Term”). All purchases of subscriptions, and any other products and services from Survival School are subject to Survival School’s Terms of Sale.
- Free Trial. Survival School may make certain subscription based services available to you on a “free trial” basis for a limited time (the “Trial Period”), in which case, registration and payment information will be required up front, but applicable fees will not be charged until the expiration of the Trial Period. If you do not wish to continue with a paid subscription you must terminate your registration prior to the end of the Trial Period.
- Access to software
- Use of Survival School’s.
- Provider License.
- To the extent that you have registered and paid for a “Provider” account subscription, the license granted in Section 3.b, above, includes the right to make Survival Schoolss available to customers of your cloud-based service, for their deployment and use the hosting environment you offer under your own brand name (excluding any services provided by affiliates), and solely for such customers’ internal business purposes (the “Subscriber License”). To the extent your Subscribing Organization provides cloud based services that are promoted and marketed under different brand names, each such brand requires its own account registration and the payment of a separate subscription fee.
- For Providers with a current and paid-up Subscriber License, Survival School may in its discretion make available certain Survival School marketing materials to assist in the marketing of the Provider’s Subscriber License (“Survival School Materials”). Such Providers may not modify the Survival School Materials without Survival School’s prior express written approval and may not otherwise use the Survival School Materials for any purpose other than for Provider’s internal business purposes in the limited distribution and marketing of Survival Schooles to the Provider’s hosting customers.
- Providers may request additional development services from Survival School to be agreed by Survival School in writing.
- Restrictions. Except as expressly permitted by a Subscriber License, if applicable, the licenses to the Survival School Software granted hereunder expressly exclude any right to redistribute the Survival School Software, to use the Survival School Software on a standalone basis (outside of the context of the particular Survival School in which it was delivered or made available to you) or to use (or allow any hosting customer to use) any Survival School Software after the conclusion of the applicable Subscription Term. Except and solely to the extent that such a restriction is impermissible pursuant to applicable law, you may not (i) reverse engineer, decompile, or otherwise attempt to access and source code to any Survival School Software provided to you in binary form, or (ii) disrupt, block, circumvent, or otherwise interfere with any feature of the Survival School Software, including without limitation any subscription and/or license control mechanism or other security, encryption, or access control mechanism.
In order to access some of the services on the Site, you will be required to use an account and password that can be obtained by completing our online registration form, which requests certain information and data, including payment instrument information (“Registration Data”), and maintaining and updating your Registration Data as required. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate. Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your access credentials, you should preserve the confidentiality of your username and password. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify Survival School by e-mail to [e-mail here]. You are solely responsible for your own losses or losses incurred by Survival School and others (including other users) due to any unauthorized use of your account that occur prior to notifying Survival School that your account was compromised.
Conduct on Site
Your use of the site is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the site. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through the Site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information – or otherwise utilize the Site or a manner that:
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or inappropriate, including without limitation any explicit or graphic descriptions or accounts of sexual acts or sexual language or images of a violent or threatening nature directed at another individual or group of individuals, or otherwise violates our Guidelines or other rules or policies;
- victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- infringes on any patent, trademark, trade secret, copyright, right of privacy or publicity, or other proprietary or intellectual property right of any party;
- constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
- impersonates any person or entity, including any of our employees or representatives.
We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the site. We generally do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through the Site. However, we and our agents have the right at their sole discretion to refuse to publish and/or remove any content at any time for any reason with or without notice. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content. See “Use of Your Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on the Site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server, or to access or use any feature of the Site or any content thereon beyond the scope of the access for which you have registered and paid all applicable fees. Not all areas of the site may be available to you or other authorized users of the site. You shall not interfere with anyone else’s use and enjoyment of the site or other similar services. Users who violate systems or network security may incur criminal or civil liability.
- Third Party Sites and Information
This site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.
- Intellectual Property Information
The Site and the content thereof is Copyright (c) 2006-2013 Survival School, Inc. All Rights Reserved.
Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, the Site will not infringe the rights of third parties. See Section 10 (“Digital Millennium Copyright Act”) below for a description of the procedures to be followed in the event that any party believes that content posted on the Site infringes a copyright of a third party.
- User Content
- License Grant. The Site may include features that allow you to submit content, including text, images, and other media files (“User Submissions”), such as when you create a profile, submit a comment, or post on a forum. You retain all right, title and ownership to all intellectual property rights in original aspects of your User Submissions. By submitting User Submissions to us, you hereby grant to Survival School a worldwide, non-exclusive, perpetual, irrevocable, transferable, sublicensable, assignable, fully paid-up, royalty-free, license to host, transfer, display, perform, reproduce, distribute, modify and otherwise utilize your User Submissions in connection with developing, enhancing, providing, syndicating, promoting, and advertising the Site and Survival School’s products and services. You also agree to waive (and cause to be waived) any claims and assertions of so called “moral rights” with respect to your User Submissions.
- Disclaimer. You understand that when using the Site you will be exposed to User Submissions or other content from a variety of sources, and that we are not responsible for the quality, accuracy, usefulness, or intellectual property rights of or relating to such User Submissions and other content. You further understand and acknowledge that you may be exposed to User Submissions (including without limitation communications with other users through comments, forums, or other similar features) and other content that is inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against us with respect thereto. We do not endorse any User Submissions, and we expressly disclaim any and all liability to you in connection with User Submissions and other content. We reserve the right to determine in its sole discretion whether to remove any User Submission or other content, but we have no obligation to monitor or otherwise control User Submissions on the Site, except as set forth in Section 10, below. For clarity, Origo Networks does not permit infringing User Submissions on the Site.
- Submissions are Non-confidential
Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.
- Digital Millennium Copyright Act
It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. In addition, we will promptly terminate without notice the accounts of those we determine to be “repeat infringers”. If you are a copyright owner or an agent thereof, and you believe that any content hosted on the Site infringes your copyrights, then you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Designated Copyright Agent with the following information in writing:
- 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 on the Site are covered by a single notification, a representative list of such works on the Site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has 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 (for example, “I am under the good faith belief that the use of the copyrighted content that is identified herein is not authorized by the copyright owner, its agent, or the law.”); and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (for example, “I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or authorized to act on behalf of the copyright owner, of the copyright(s) that is allegedly infringed by the aforementioned content.”).
Our Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows: Attention:
Designated Agent for Claimed Infringement:
Contact: Sean Tierney
Address: 140 E. San Miguel Ave Phoenix, AZ 85012
For clarity, only DMCA notices should go to our Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to our general info or customer service contacts. Please note that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid and any removal requests may not be acted upon. Please also note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
- Disclaimer of Warranties
Survival SchoolES (INCLUDING THE Survival School SOFTWARE) AND ALL OTHER MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SITE AND MATERIALS AVAILABLE THROUGH THE SITE, INCLUDING Survival SchoolES COULD INCLUDE BUGS AND OTHER TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandize and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
You understand and agree that temporary interruptions of the services available through the Site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of the Site, and therefore, delays and disruption of other network transmissions are completely beyond our control.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- Limitation of Liability
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- THIRD PARTY DISPUTES.
ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION ANY PROVIDER OF THIRD PARTY SOFTWARE OR THIRD PARTY SERVICES, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE US (AND OUR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of the Site, Survival Schooles or Survival School Software. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
- Participation in Promotions
From time to time, the Site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on the Site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
- International Use
Although the Site may be accessible worldwide, we make no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Site from other locations (a) do so on their own initiative, (b) consent to the transmission of their information to the United States for storage and processing, and (c) and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with the Site is void where prohibited. You may not export, directly or indirectly, any Confidential Information, Survival School Materials or Survival School Software or any products utilizing any such information to any country for which the U.S. Government or any agency thereof, at the time of export, requires an export license or other government approval without first obtaining such license or approval and the written approval of Survival School.
- Termination of Use
Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on the Site and all licenses granted to you hereunder (including without limitation any and all licenses to use Survival School Software) immediately cease, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site. Promptly following any termination or expiration of your subscription, you must uninstall, delete all copies of, and cease all use of any and all Survival School Software. Notwithstanding the foregoing, to the extent you are a Provider with a fully paid up Subscriber License, Survival School will provide you a transition and wind down period of sixty (60) days following any termination or expiration (“Transition Period”) to allow you to terminate your customers’ access to and otherwise uninstall, delete all copies of, and cease all use of the Survival School Software. In the event Survival School terminates or suspends your access under a Subscription License for breach or violation of Survival School’s intellectual property rights, Survival School is under no obligation to provide any Transition Period. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension, provided that if we terminate your subscription without cause you will receive a refund of a prorated portion of any fees you have paid in advance for services not yet rendered. In the event that we terminate your subscription for cause, we reserve the right to automatically bill your payment instrument for the remaining unpaid balance of subscription fees applicable to the remainder of the then-current annual subscription, if any.
- Dispute Resolution and Arbitration.
- Exceptions. Notwithstanding subsection (A), we both agree that nothing herein shall be deemed to waive, preclude, or otherwise limit either of our right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.
- Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail (“Notice”). Survival School’s address for Notice is: Survival School, Inc., PO Box 15265 Phoenix, AZ 85060. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but If we do not reach an agreement to do so within 30 days after the Notice is received, you or Survival School may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Survival School shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any; provided that if our dispute is finally resolved through arbitration in your favor, Survival School shall pay you the greater of (i) the amount awarded by the arbitrator, if any, and (ii) the greatest amount offered by Survival School in settlement of the dispute prior to the arbitrator’s award.
- No Class Actions. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Survival School agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
- Modifications. In the event that Survival School makes any future change to this arbitration provision (other than a change to the Survival School’s address for Notice), you may reject any such change by sending us written notice within 30 days of the change to Survival School’s address for Notice, in which case your account with Survival School shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject shall survive.
- Governing Law
This site (excluding any linked sites) is controlled by us from our offices within the State of Arizona, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Arizona, by accessing the Site both of us agree that the statutes and laws of the State of Arizona, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of the Site and the purchase of products and services available through the Site. To the extent that any action hereunder is permitted to be brought in a court of law, each of us agrees and hereby submits to the exclusive personal jurisdiction and venue any court of competent jurisdiction within the State of Arizona with respect to such matters.
All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at info@Survival School.com, if by email, or at Survival School Inc. PO Box 15265 Phoenix, AZ 85060 if by conventional mail. Notices to you may be sent to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.
- Entire Agreement
You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of the Site, or use of or access to the Site.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
- Contact Information
Terms and Conditions of Sale
- Sale and Purchase of Services
Survival School Inc (“Seller”) hereby agrees to sell, and You (“Buyer”) hereby agree to purchase, services of the description and quantity described on the signup form or other transaction documentation (“Sign Up”) and incorporated herein by this reference (“Services”) on the terms and conditions set forth in this Agreement.
- Purchase Price
Buyer agrees to pay the Purchase Price of the Services as posted on this website attached hereto.
- Payment Terms
The total amount of the Purchase Price shall be payable in full by Buyer according to the payment due date stated at service initiation. Any portion of the Purchase Price unpaid past thirty (30) days shall be considered overdue. All amounts past due are subject to a late charge of the lesser of one and one-half percent (1 1/2%) per month (being eighteen percent (18%) per annum) or the highest lawful rate. In addition, Seller shall have the right to pursue any remedies available at law or as provided herein, including without limitation to suspend and/or terminate provision of any applicable Services or licenses granted to Buyer, and shall be entitled to reimbursement from Buyer for Seller’s costs of collection, including attorney fees, legal fees and costs and disbursements. Services with a subscription term will automatically renew at the end of such term, and extend for additional terms of the same length unless You give written notice of non-renewal to Seller at least fifteen (15) calendar days prior to the end of the Initial Term or the then-current Renewal Term, as applicable. The Initial Term and any Renewal Term are collectively referred to as the “Subscription Term”.
Unless otherwise agreed in writing, delivery shall be made in accordance with Seller’s shipping policy in effect on the date of shipment. Delivery dates provided by Seller are estimates only. Seller will make reasonable efforts to deliver in accordance with such dates; however, Seller will not be liable for failure to deliver as estimated.
- Promotional Participation
Qualification and participation in the Amazon Web Services (AWS) Free Usage Tier promotion is limited to the AWS Free Usage Tier and subject to the AWS Free Usage Tier Offer Terms. Use of AWS in excess of free usage amounts will be charged standard AWS rates. Seller is not responsible for usage fees accrued and billed by AWS while using the AWS EC2 system.
- Charges for Cloud Services delivered on Third Party Cloud Services
As part of your subscription you may have access to deploy applications on third party cloud services, such as the Amazon Web Services (AWS) Elastic Compute Cloud (EC2) service (“Third Party Services”). Usage of Third Party Services is governed by separate terms and subject to separate fees, and Seller is not responsible for usage fees accrued and billed by the applicable third party while using the Third Party Service. The Seller is not responsible for operation and availability of instances deployed on Third Party Services. Buyer is solely responsible for compliance with the applicable terms and payment of applicable fees associated with such Third Party Services, and hereby agrees to indemnify, and hold Seller and its Affiliates harmless from all liabilities, claims, harms, losses, and expenses, including attorney’s fees, associated with Buyer’s use or misuse of Third Party Services.
- Support Incidents
For subscription plans that include bundled support incidents, incidents not consumed during a subscription period do not roll over or carry forward into future subscription periods.
- Disclaimer of Warranty/Limitation of Liability
Seller undertakes no responsibility for the quality of the Services or that the Services will be fit for any particular purpose for which Buyer may be buying the Services, except as otherwise provided in this Agreement, and Seller disclaims all other warranties and conditions, express or implied.
SELLER (INCLUDING ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUBCONTRACTORS, ALL OF WHICH ARE REFERRED TO HEREIN COLLECTIVELY AS THE “SELLER AFFILIATES”) SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCE TO BUYER OR ANY OTHER PARTY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SERVICES OR OTHERWISE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF THE SERVICES OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE OR REPLACEMENT EQUIPMENT, FACILITIES OR SERVICES, DOWN TIME, BUYER’S TIME, LOST DATA, INJURY TO PROPERTY OR ANY DAMAGES OR SUMS PAID BY BUYER TO THIRD PARTIES, EVEN IF SELLER OR ANY OF THE SELLER AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER ANY CLAIM IS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE.
IN NO EVENT SHALL SELLER OR ANY SELLER AFFILIATE BE LIABLE TO BUYER OR ANY OTHER PARTY FOR LOSS, DAMAGE, OR INJURY OF ANY KIND OR NATURE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS IN EXCESS OF THE NET PURCHASE PRICE OF THE SERVICES ACTUALLY DELIVERED TO AND PAID FOR BY BUYER HEREUNDER.
SELLER DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT WITH RESPECT TO THE SERVICES AND NONE OF SELLER OR ANY SELLER AFFILIATE SHALL HAVE ANY DUTY TO DEFEND, INDEMNIFY, OR HOLD HARMLESS BUYER FROM AND AGAINST ANY OR ALL DAMAGES OR COSTS INCURRED BY BUYER ARISING FROM THE INFRINGEMENT OF PATENTS OR TRADEMARKS OR VIOLATION OF COPYRIGHTS BY ANY OF THE SERVICES.
- Force Majeure
Seller shall not be held responsible for any failure of performance to make timely delivery of all or any part of the Services in the event such failure was due, in whole or in part, to federal, provincial or municipal action, statute, ordinance or regulation, strike or other labor trouble, fire or other damage to or destruction of, in whole or in part, the Services or the manufacturing facility for the Services, the lack of or inability to obtain raw materials, labor, fuel, electrical power, water or supplies, or any other cause, act of God, contingency or circumstances not subject to the reasonable control of Seller, which causes delays or hinders the manufacture or delivery of Services. Seller shall determine in good faith the extent to which it can reasonably control a cause, contingency, or circumstance that affects the performance of its obligations.
Buyer may not assign this Agreement without Seller’s written consent. Seller is the sole intended beneficiary of this Agreement. If there is any inconsistency between this Agreement and any other agreement included with or relating to the Services, this Agreement shall govern. This Agreement may not be modified, altered or amended without the written agreement of Seller. Any additional or altered terms attached to any order submitted by Buyer shall be null and void, unless expressly agreed to in writing by Seller. If any term of this Agreement is illegal or unenforceable, the legality and enforceability of the remaining provisions shall not be affected or impaired. This Agreement shall be interpreted under the laws of the State of Arizona, without giving effect to conflicts-of-law rules; and in the event of a dispute under this Agreement; Buyer submits to the exclusive jurisdiction and venue of the courts of the State of Arizona and hereby waives any objection to such jurisdiction and venue