Last Revised: April 1, 2020
If you agree to these Terms on behalf of an entity, you represent and warrant that you have the authority to bind that entity to this these Terms and that such entity or organization is duly authorized to do business in the country or countries where it operates. In that event, “you,” “your,” or “user” will refer and apply to that entity.
Registering for an Account. In order to get full access to the Platform and purchase a Product, you have to (i) register for an account (“Account”) and (ii) provide certain information about yourself as requested. You represent and warrant that: (a) all required information you submit is truthful and accurate, (b) you will maintain the accuracy of such information, (c) your use of the Platform and Products does not violate any applicable laws and (d) you have reached the age of majority in your state of residence and have the legal capacity to enter into these Terms.
Parental Consent. If you are under eighteen (18) years of age, one of your parents or legal guardians must register for an Account on your behalf.
Confidentiality and Security of Your Account. You shall be responsible for (i) maintaining and ensuring the confidentiality and security of your Account’s login information, and (ii) all activities that are conducted under your Account. By using your Account, you acknowledge and agree that our account security procedures are commercially reasonable. You agree to immediately notify us in the event of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to keep your login information in confidence.
Deleting Your Account. You may delete/cancel your Account at any moment by accessing “My Account”, clicking on “My Subscription” and then on “Cancel” button. We may cancel your Account if we suspect that you violated any provisions of these Terms.
LICENSE TO USE THE PLATFORM
License. Subject to the terms and conditions of these Terms, Fighttips grants you a worldwide, non-transferable and non-exclusive license of the right to use the Platform.
Certain Restrictions. The right granted to you in the present Terms is subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, or otherwise commercially exploit your Account or the Platform; (b) you shall not copy, modify, translate, adapt, merge, make derivative works of, disassemble, de-compile, reverse compile or reverse engineer any part of the Platform; (c) you shall not access the Platform in order to build a similar or competitive service or products; (d) you shall not impersonate other individuals or provide inaccurate information about yourself; (e) represent an entity without its prior authorization to do so; (f) you shall not engage in anything unlawful, misleading, or fraudulent or for illegal or unauthorized purpose; (g) you shall not violate or encourage others to violate these Terms and policies incorporated herein by reference; and (h) you shall follow our Forum Rules of Etiquette whenever you decide to post something in our forums. Any future release, update, or other addition to any of functionalities of the Platform shall be subject to the terms and conditions of these Terms.
Moreover, you agree not to use the Platform to: (a) upload or distribute any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or a mobile device or data; (b) collect information or data regarding other users, including email addresses, without their consent (e.g., using harvesting bots, robots, spiders, or scrapers); (c) disable, overburden, impair, or otherwise interfere with servers or networks connected to the Platform (e.g., a denial of service attack); (d) attempt to gain unauthorized access to the Platform or servers or networks connected to the Platform (e.g., through password mining); or (e) interfere with another user’s use and enjoyment of the Platform.
Modification. We reserve the right, at any time, to modify, suspend, or discontinue the operation of the Platform or any part thereof with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of operation of the Platform or any part thereof. Prices for our Products are subject to change without notice. We reserve the right at any time to modify or discontinue provision of any of the Products (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of a Product provision.
Ownership. We and our licensors (if any and where applicable) own all right, title and interest, including all related intellectual property rights, in and to the Platform. The Platform is licensed to you; this means that the Platform is under no circumstances sold/transferred to you. Indeed, the present Terms do not convey to you any rights of ownership in or related to the Platform. Our name, logo, and other names associated with the Platform belong to us (or our licensors, if any and where applicable), and no license of the right to use them by implication, estoppel or otherwise is granted to you hereunder. We (and our licensors, if any and where applicable) reserve all rights not granted in these Terms.
MONTHLY PLANS; PAYMENT TERMS
Choosing a Plan. You may choose between different types of monthly plans we offer on the Platform. All plans come with a trial period.
Payment Terms. When you subscribe to one of our monthly plans, you will asked to provide billing information which will be used on a recurring basis on the same day of each month to process a payment. By subscribing to a monthly plan, you agree and authorize us to charge you on a monthly basis until you terminate the monthly plan. We use Stripe and PayPal (“Payment Processing Company”) to process payments. We do not collect your credit card information. A Payment Processing Company does that for us. If at any time your payment fails, a Payment Processing Company will try doing so for the second time. If a payment attempt fails for the second time, your monthly plan will be cancelled. Moreover, this may result in the loss of achievement badges, tracked progress, and other evaluation information.
Making Changes to or Cancelling a Plan. To make changes to your monthly plan and/or payment information, or if you would like to cancel your plan, you must send a request to firstname.lastname@example.org. and our specialists will contact you shortly.
Refund Policy. No refunds will be issued following the expiration of the trial period. Should you cancel your plan in the middle of a billing cycle, you will be entitled to use the monthly plan until the end of that billing cycle.
THIRD-PARTY CONTENT & LINKS
Certain content, products and services available via the Platform may include content from third-parties. Third-party links on the Platform will direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating such content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party content or websites, or for any other materials, products, or services of third-parties.
Please review the third-party’s policies and practices carefully and make sure you understand them before you engage in any transaction. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party links and websites. Complaints, claims, concerns, or questions regarding third-party products should be directed to such third parties.
USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms.
You warrant that your Comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further warrant that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
DISCLAIMERS; WARRANTY; LIMITED LIABILITY
The Platform and Products are provided on ‘as is’ and ‘as available’ basis, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. We do not warrant that your use of the Platform will be uninterrupted, timely, secure or error-free.
Occasionally some information on the Platform may contain typographical errors, inaccuracies or omissions that may relate to Product descriptions, instructions, teaching materials, pricing, promotions, offers, Product shipping charges, transit times and availability. We reserve the right to fix any such errors or omissions at any time, however, we shall have no obligation to do so.
We do not warrant that the quality of any Product will meet your expectations, or that any errors in any Product will be corrected. We reserve the right to cancel orders if any information in a Product description is inaccurate. Moreover, we reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
Any learning materials on the Platform are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on such materials shall be at your own risk.
In no case shall Fighttips, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any Products, or for any other claim related in any way to your use of any Product, including, but not limited to, any errors or omissions in any content, even if we have been advised of the possibility of such errors and omissions. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
RELEASE OF LIABILITY
You hereby waive any and all rights, claims, or causes of action of any kind whatsoever arising out of your usage of the Platform and/or Products, and you hereby release and forever discharge Fighttips, its affiliates, managers, members, agents, attorneys, staff, heirs, representatives, predecessors, successors, and assigns, for any physical or psychological injury, including, but not limited to, illness, paralysis, death, damages, economical or emotional loss that you may suffer as a direct result of your usage of the Platform and/or Products.
You acknowledge that any information contained on the Platform, including any content found in Products, may carry potential for death, serious injury, and property loss. This risks may include, but are not limited to, those caused by lack of hydration, your physical and mental condition, equipment at hand, and actions of those around you.
In the event that you should require medical care and treatment, you agree to be financially responsible for any costs incurred as a result of your usage of the Platform and/or any Products. You are advised to obtain health insurance before purchasing any Product or any monthly plan from us. In the event that any damage to equipment or facilities occurs as a result of your willful actions, neglect, or recklessness, you acknowledge and agree to be solely responsible for all costs associated with any such actions of neglect and recklessness.
In the event that any provision contained in this Release of Liability section of the Terms shall be deemed to be severable or invalid, of if any term, condition, phrase or portion of this Release of Liability shall be determined to be unlawful or otherwise unenforceable, the remainder of this Release of Liability shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties.
You agree to indemnify, defend and hold harmless Fighttips and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the policies incorporated herein by reference, or your violation of any law or the rights of a third-party.
These Terms shall come into effect on the day when you first access the Platform and shall stay in effect until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use the Platform, or when you close your Account (to do so, go to “My Account”, click on “My Subscription” and then on “Cancel”).
If you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we may terminate this agreement at any time without notice and you will remain liable for all amounts due; and/or accordingly may deny you access to the Platform and Products.
Modifications. No modification or amendment to these Terms shall be binding upon Fighttips unless in a written instrument signed/executed by a duly authorized representative of Fighttips.
No Waiver. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
Assignment. We may assign, transfer or otherwise dispose of these Terms in whole or in part or any of our rights hereunder in connection with a merger, acquisition, reorganization or sale of all or substantially all of our assets, or other operation of law, without your consent. The terms and conditions of these Terms shall be binding upon assignees.
Severability. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, (i) the other provisions of these Terms will be unimpaired, and (ii) the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
Consent to Electronic Notices. You consent to the use of (a) electronic means to execute these Terms and to deliver any notices (including complaints) pursuant to these Terms; and (b) electronic records to store information related to these Terms or your use of the Platform or Products. Notices (including complaints) hereunder shall be invalid unless made in writing and given (a) by Fighttips via email (to the email address that you provide), (b) a posting on the Platform or (c) by you via email to email@example.com. or to such other email addresses as Fighttips may specify in writing. The date of receipt will be deemed the date on which such notice is transmitted.
Governing Law. These Terms shall be governed by the laws of the State of Delaware, USA without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the courts located in Kent County, Delaware, USA for the purpose of litigating all claims or disputes. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our rights in any court of competent jurisdiction.
Questions about the Terms should be sent to us at firstname.lastname@example.org