License Agreement and Waiver

IMPORTANT - READ CAREFULLY BEFORE USING WEBSITE THE FOLLOWING IS A BINDING LEGAL AGREEMENT - READ BEFORE PROCEEDING!

This website <concealedcarryonline.com>, the on-line class, course, or program, and the online materials provided by this website, including any documents, photos, videos, audio, or other multimedia (collectively "the Website") are protected by federal copyright laws, and remains at all time the property of American Firearms Training Corporation. You are licensed to use the Website only if you accept all the terms and conditions set out below.

In consideration of being permitted to attend a firearms training class, course or program for instruction, for the instruction in firearms itself, for receipt of any training material(s), for the use of any and all premises, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Undersigned agrees to the following:

By clicking on the acceptance button that follows this Agreement and Waiver which is marked "I have read and accept the terms of service" you indicate acceptance of this Agreement And Waiver. Please read this License Agreement And Waiver (hereafter "this Agreement") carefully before clicking on the acceptance button.

If you do not accept these terms and conditions, you should leave the website. Any follow-up questions or concerns should be addressed to info@shootsafe.org.

License Agreement: The Website, related documentation, and all intellectual property rights embodied within or derived from the Website are copyrighted works of authorship or proprietary materials exclusively owned by American Firearms Training Corporation ("AFT"). AFT retains all ownership rights. This license is not a sale of the original Website or any copies. AFT grants to you a limited, non-transferable, non-exclusive license to use the Website on any computer owned, leased, and/or controlled by you for the purposes of viewing the Website and, upon proper payment, for the purpose of taking such course(s) for which payment has been made. Nothing in this Agreement shall be deemed to grant to you any right, title or interest whatsoever in or to the Website and its content, which shall be deemed at all times the sole and exclusive property of AFT.

Prohibited Activities: You may not use, copy, or modify the Website or any copy thereof in whole or in part, except as expressly provided in this Agreement. You may not translate, reverse engineer, decompile, disassemble, modify, or create derivative works based on the Website. You may not display, re-transmit, or otherwise permit the use of the Website or its source or object codes by or to any third party for any purpose.

Identification: By registering to use this Website, you represent to AFT that the name and other identifying information you have provided to AFT is accurate. Use of any name other than your full legal name is strictly prohibited, and automatically terminates your license to use the Website.

Undersigned further represents to AFT that: he/she is of sound mind and body and able to participate safely in a firearms training program; that he/she is not under indictment for, otherwise charged with, or convicted of any felony or a misdemeanor crime of domestic violence; he/she has not been adjudicated mentally incompetent, mentally defective and/or involuntarily committed to a mental institution; is not a fugitive from justice; is not an illegal drug user or addict, nor a chronic alcoholic or in danger of becoming chemically dependent; has not renounced his or her U.S. citizenship; has not received a dishonorable discharge from the Armed Forces of the United States; is legally in the United States; and is not now the subject of a court order prohibiting him/her from harassing, stalking or threatening an intimate partner or child of an intimate partner; and is otherwise able to lawfully possess, handle and discharge firearms and ammunition.

No Transfer: The Website is licensed only to the person who has registered to use it and not to others. If you transfer a copy of the Website (or any portion thereof) to another party, your license is automatically terminated. You may not rent, lend, lease, sub-license, sell, assign, pledge, or otherwise transfer the Website (or any portion thereof), on a temporary or a permanent basis, without the prior written consent of AFT; but AFT may freely assign this Agreement.

Limited Warranty; Limitation of Damages

AFT warrants that it has clear title to the Website and that it has the legal right to grant a license to you under the terms of this Agreement. THE FOREGOING WARRANTY IS MADE IN LIEU OF ANY OTHER WARRANTIES OR GUARANTEES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ABILITY TO ACHIEVE A PARTICULAR RESULT OR ERROR-FREE OR UNINTERRUPTED OPERATION. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE WEBSITE.

AFT's entire liability and your sole and exclusive remedy for breach of the above limited warranty shall be for AFT to refund to you any amounts actually paid by you to AFT, provided that AFT receives written notice from you no later than 10 days following the any breach of the foregoing warranty and is given the opportunity to cure any alleged breach of the foregoing warranty. If AFT is unable to correct the alleged breach or defect, AFT will refund any money paid to AFT in exchange for your license to use the Website.

At all times, AFT intends for the gun safety information contained in this class to be used for educational purposes only and primarily for eligible student desiring Ohio Concealed Handgun Licensure. No information presented within this class should be construed as advice requiring professional licensure and a relationship with a patient/client, including medical, psychological, legal, or any other regulated profession. No doctor/patient, attorney/client, or other such legal relationship is formed or intended to be formed by your participation in this class. If you require the services of a physician, mental health professional, or attorney, you should hired one yourself.

If an in-person live fire range competency examination is purchased as part of an AFT program, it is understood that you must pass it on your own merits after reasonable instruction within the established time parameters. Failure to do so may result in you being required to purchase an additional range session for up to $50.00. AFT makes no representation or warranty that a student will be able to pass the competency examination merely due to participation in the class. You agree to abide by the reasonable requests of the Instructor(s) during this program and understand and consent that an Instructor and/or Range Safety Officer may have to touch me for instructional purposes or to prevent an unsafe range condition during the program.

IN NO EVENT WILL AFT BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, LOST REVENUES, LOSS OF DATA OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE, EVEN IF AFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL AFT'S TOTAL CUMULATIVE LIABILITY EXCEED THE MONEY PAID TO AFT FOR YOUR LICENSE TO USE THE WEBSITE.

Waiver of Claims FIREARMS CAN CAUSE INJURY OR DEATH TO THE USER AND TO OTHERS. The Website encourages the safe and responsible ownership and use of firearms, and the courses offered on the Website and the courses offered by AFT are designed to teach you proper use and handling of firearms. The Undersigned agrees and acknowledges that there are risks associated with firearms training, including but not limited to: risk of serious injury or death due to firearms discharge by me or another individual, exposure to loud noises, and exposure to noxious fumes and hazardous material. Despite the risks, I knowingly, voluntarily and intelligently choose to participate in this firearms training program. FAILURE TO FOLLOW THE INSTRUCTIONS GIVEN BY AFT OR GIVEN IN THE ONLINE COURSES CAN RESULT IN SERIOUS INJURY OR DEATH. YOU AGREE THAT AFT WILL NOT BE LIABLE FOR ANY INJURY TO YOU OR TO ANY OTHER PERSON; AND AFT WILL NOT BE LIABLE TO YOU, TO YOUR HEIRS, OR TO ANY THIRD PARTY FOR ANY INJURY TO OR THE DEATH OF ANY PERSON RESULTING FROM YOUR OWNERSHIP OR USE OF A FIREARM. BY ACCEPTING THE TERMS OF THIS AGREEMENT (WHICH YOU DO BY CLICKING THE BUTTON BELOW LABELED "I ACCEPT THESE TERMS AND CONDITIONS") YOU WAIVE ALL CLAIMS AGAINST AFT AND ALL PERSONS ASSOCIATED WITH AFT, INCLUDING BUT NOT LIMITED TO THE AFFILIATED SHOOTING RANGE(S), AND INSTRUCTORS OF THE COURSES OFFERED THROUGH THE WEBSITE. YOUR WAIVER OF ANY CLAIM FOR INJURY OR DEATH RESULTING FROM THE OWNERSHIP OR USE OF A FIREARM IS BINDING ON YOU AND YOUR HEIRS.

Indemnification: You agree to indemnity and shall hold harmless (including payment of reasonable attorney fees) AFT, its corporate affiliates, and any course instructor, employee or agent thereof (each of the foregoing being hereinafter referred to individually as "Indemnified Party") against all liability to third parties arising from or in connection with the use of the Website, the enrollment in any course, or the ownership or use of any weapon or firearm. Your obligation to indemnify any Indemnified Party will survive the expiration or termination of this Agreement by either party for any reason.

General: This Agreement is the complete and exclusive agreement of the parties and supersedes all prior communications, oral or written, between the parties relating to the Agreement's subject matter. Any change to this Agreement shall not be valid unless it is in writing and signed or accepted by both parties. This Agreement shall be governed by the laws of the Commonwealth of Virginia without reference to its choice of law provisions. Any dispute, controversy, contest, claim, or other matter arising out of or in connection with this Agreement or the interpretation or enforcement hereof shall be settled by binding arbitration held in Virginia in accordance with the Commercial Arbitration Rules of the American Arbitration Association. In the event that this arbitration provision is held unenforceable by any court of competent jurisdiction, then any dispute, action, cause of action, claim or proceeding with respect to the Content, the Website or this Agreement shall be commenced solely in the courts of the Commonwealth of Virginia or the federal courts of the United States of America located in such State. You submit to the non-exclusive jurisdiction of the courts of the Commonwealth of Virginia and of the federal courts having jurisdiction in and for the Commonwealth of Virginia regarding any matter arising out of or in connection with this Agreement, and you waive any claim or defense based on venue or forum non conveniens. You will be required to pay AFT's legal fees unless you prevail in any arbitration or legal case you bring; in the event you prevail, then each party will pay its own legal fees and other expenses incurred; but notwithstanding any of the foregoing, both parties will share equally the fees and other charges of the arbitrator(s) and the American Arbitration Association.

FORCE MAJEURE: In the event of "force majeure" (as defined below), AFT may terminate this Agreement and provide you with a full refund of any enrollment fees actually paid by you; and except for such fees, AFT's termination due to force majeure shall be without any further liability to you. For purposes of the Agreement, "force majeure" shall mean circumstances or occurrences beyond AFTs reasonable control, whether or not foreseeable at the time of signing the Agreement, in consequence of which AFT cannot reasonably be required to perform its obligations hereunder or otherwise perform its obligations under the Agreement. Such circumstances or occurrences include, but are not limited to: acts of God, war, civil war, insurrection, fires, floods, labor disputes, epidemics, governmental regulations and/or similar acts, embargoes, termination or temporary unavailability of any server on which the Website is located or maintained, and non-availability of any permits, licenses and/or authorizations required by governmental authority.

The Website is provided "AS IS" and "AS AVAILABLE," without warranty of any kind, except as expressly stated herein. AFT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. AFT reserves the right to terminate your enrollment in any offered course or your registration on the Website and use of the Website at any time, without notice.

ATF assures all users that AFT has not intentionally included viruses or "Trojan horses" on the Website, and that ATF periodically checks the Website for any viruses, "Trojan horses" or similar programs. However, AFT recommends that all computer users practice safe computing: always use appropriate anti-virus software and anti-spyware software. Regardless of whether you are on AFT's Website or on any other website, you should always utilize a virus scanning program to ensure that no viruses, "Trojan horses" or similar programs will be inadvertently written to your computer's hard drive.

License Agreement and Waiver

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