- ACCEPTANCE OF TERMS
onPoint Tactical ("onPoint”, “OPT”, “On
Point") welcomes you. onPoint provides its service to you subject to the following
Terms of Service ("TOS"), which may be updated by us from time to time without notice
to you. You can review the most current version of the TOS at any time at:
http://www.onPointtactical/.com/tos.aspx. In addition, when using particular onPoint
owned or operated services, you and onPoint shall be subject to any posted guidelines
or rules applicable to such services, which may be posted from time to time. All
such guidelines or rules (including but not limited to our Spam Policy) are hereby incorporated by reference into
the TOS.
- DESCRIPTION OF SERVICE
onPoint provides users with access to a
collection of resources, including various communications tools, forums, shopping
services, course registration and branded programming which may be accessed through
any various medium or device now known or hereafter developed (the "Service"). You
also understand and agree that the Service may include advertisements. You also
understand and agree that the Service may include certain communications from onPoint,
such as service announcements, administrative messages and the onPoint Newsletter,
and that these communications are considered part of onPoint membership and you
will not be able to opt out of receiving them. Unless explicitly stated otherwise,
any new features that augment or enhance the current Service shall be subject to
the TOS. You understand and agree that the Service is provided "AS-IS" and that
onPoint assumes no responsibility for the timeliness, deletion, mis-delivery or
failure to store any user communications or personalization settings.
- YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service,
you represent that you are of legal age to form a binding contract and are not a
person barred from receiving services under the laws of the United States or other
applicable jurisdiction. You also agree to: (a) provide true, accurate, current
and complete information about yourself as prompted by the Service's registration
form (the "Registration Data") and (b) maintain and promptly update the Registration
Data to keep it true, accurate, current and complete. If you provide any information
that is untrue, inaccurate, not current or incomplete, or onPoint has reasonable
grounds to suspect that such information is untrue, inaccurate, not current or incomplete,
onPoint has the right to suspend or terminate your account and refuse any and all
current or future use of the Service (or any portion thereof). onPoint is concerned
about the safety and privacy of all its users, particularly children. For this reason,
we request that users be over the age of 18 or have a parent or guardians’ permission
before accessing the Service. When you create an onPoint account you certify that
you are at least 18 years old or that you have permission from your legal guardian.
- ONPOINT PRIVACY POLICY
Registration Data and certain other information
about you is subject to our Privacy Policy. For more information, see our full privacy
policy at http://www.onpointtactical.com/privacy. You understand that through your use of
the Service you consent to the collection and use (as set forth in the Privacy Policy)
of this information use by onPoint.
- MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account
designation upon completing the Service's registration process. You are responsible
for maintaining the confidentiality of the password and account and are fully responsible
for all activities that occur under your password or account. You agree to (a) immediately
notify onPoint of any unauthorized use of your password or account or any other
breach of security, and (b) ensure that you exit from your account at the end of
each session. onPoint cannot and will not be liable for any loss or damage arising
from your failure to comply with this Section 5.
- MEMBER CONDUCT
You understand that all information, data,
text, sound, photographs, graphics, video, messages, tags, or other materials ("Content"),
whether publicly posted or privately transmitted, are the sole responsibility of
the person from whom such Content originated. This means that you, and not onPoint,
are entirely responsible for all Content that you upload, post, email, transmit
or otherwise make available via the Service. onPoint does not control the Content
posted via the Service by users and, as such, does not guarantee the accuracy, integrity
or quality of such Content. onPoint can only be responsible for content that we
produce and publish. You understand that by using the Service, you may be exposed
to Content that is offensive, indecent or objectionable. Under no circumstances
will onPoint be liable in any way for any Content, including, but not limited to,
any errors or omissions in any Content, or any loss or damage of any kind incurred
as a result of the use of any Content posted, emailed, transmitted or otherwise
made available via the Service.
- upload, post, email, transmit or otherwise
make available any Content that is unlawful, harmful, threatening, abusive, harassing,
tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy,
hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including,
but not limited to, a onPoint official, forum leader, or instructor, or falsely
state or otherwise misrepresent your affiliation with a person or entity;
- upload, post, email, transmit or otherwise
make available any Content that you do not have a right to make available under
any law or under contractual relationships;
- upload, post, email, transmit or otherwise
make available any Content that infringes any patent, trademark, trade secret, copyright
or other proprietary rights ("Rights") of any party;
- upload, post, email, transmit or otherwise
make available any unsolicited or unauthorized advertising, promotional materials,
"junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation,
except in those areas that are designated for such purpose (please read our complete
Spam Policy);
- upload, post, email, transmit or otherwise
make available any material that contains software viruses or any other computer
code, files or programs designed to interrupt, destroy or limit the functionality
of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue,
or otherwise act in a manner that negatively affects other users' ability to engage
in exchanges;
- "stalk" or otherwise harass another;
and/or
- collect or store personal data about
other users in connection with the prohibited conduct and activities set forth in
paragraphs a through m above.
You acknowledge that onPoint may or may
not pre-screen Content, but that onPoint and its designees shall have the right
(but not the obligation) in their sole discretion to pre-screen, refuse, or remove
any Content that is available via the Service. Without limiting the foregoing, onPoint
and its designees shall have the right to remove any Content that violates the TOS
or is otherwise objectionable. You agree that you must evaluate, and bear all risks
associated with, the use of any Content, including any reliance on the accuracy,
completeness, or usefulness of such Content. In this regard, you acknowledge that
you may not rely on any Content created by onPoint or submitted to onPoint, including
without limitation information in onPoint forums and in all other parts of the Service.
You acknowledge, consent and agree that
onPoint may access, preserve and disclose your account information and Content if
required to do so by law or in a good faith belief that such access preservation
or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce
the TOS; (c) respond to claims that any Content violates the rights of third parties;
(d) respond to your requests for customer service; or (e) protect the rights, property
or personal safety of onPoint, its users and the public.
You understand that the Service and software
embodied within the Service may include security components that permit digital
materials to be protected, and that use of these materials is subject to usage rules
set by onPoint and/or content providers who provide content to the Service. You
may not attempt to override or circumvent any of the usage rules embedded into the
Service. Any unauthorized reproduction, publication, further distribution or public
exhibition of the materials provided on the Service, in whole or in part, is strictly
prohibited.
- SPECIAL ADMONITIONS FOR INTERNATIONAL
USE
Recognizing the global nature of the Internet,
you agree to comply with all local rules regarding online conduct and acceptable
Content. Specifically, you agree to comply with all applicable laws regarding the
transmission of technical data exported from the United States or the country in
which you reside.
- CONTENT SUBMITTED OR MADE AVAILABLE
FOR INCLUSION ON THE SERVICE
onPoint does not claim ownership of Content
you submit or make available for inclusion on the Service. However, with respect
to Content you submit or make available for inclusion on publicly accessible areas
of the Service, you grant onPoint the following worldwide, royalty-free and non-exclusive
license(s), as applicable:
- With respect to Content you submit or
make available for inclusion on publicly accessible areas of onPoint Groups, the
license to use, distribute, reproduce, modify, adapt, publicly perform and publicly
display such Content on the Service solely for the purposes of providing and promoting
the specific onPoint Group to which such Content was submitted or made available.
This license exists only for as long as you elect to continue to include such Content
on the Service and will terminate at the time you remove or onPoint removes such
Content from the Service.
- With respect to photos, graphics, audio
or video you submit or make available for inclusion on publicly accessible areas
of the Service other than onPoint Groups, the license to use, distribute, reproduce,
modify, adapt, publicly perform and publicly display such Content on the Service
solely for the purpose for which such Content was submitted or made available. This
license exists only for as long as you elect to continue to include such Content
on the Service and will terminate at the time you remove or onPoint removes such
Content from the Service.
"Publicly accessible" areas of the Service
are those areas of the onPoint network of properties that are intended by onPoint
to be available to the general public. By way of example, publicly accessible areas
of the Service would include onPoint forums and portions of the onPoint website
for photos or videos.
- CONTRIBUTIONS TO ONPOINT
By submitting ideas, suggestions, documents,
and/or proposals ("Contributions") to onPoint through its suggestion or feedback
webpages, you acknowledge and agree that: (a) your Contributions do not contain
confidential or proprietary information; (b) onPoint is not under any obligation
of confidentiality, express or implied, with respect to the Contributions; (c) onPoint
shall be entitled to use or disclose (or choose not to use or disclose) such Contributions
for any purpose, in any way, in any media worldwide; (d) onPoint may have something
similar to the Contributions already under consideration or in development; (e)
your Contributions automatically become the property of onPoint without any obligation
of onPoint to you; and (f) you are not entitled to any compensation or reimbursement
of any kind from onPoint under any circumstances.
- INDEMNITY
You agree to indemnify and hold onPoint
and its officers, agents, employees, and partners harmless from any claim or demand,
including reasonable attorneys' fees, made by any third party due to or arising
out of Content you submit, post, transmit or otherwise make available through the
Service, your use of the Service, your connection to the Service, your violation
of the TOS, or your violation of any rights of another.
- NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy,
sell, trade, resell or exploit for any commercial purposes, any portion of the Service.
- GENERAL PRACTICES REGARDING USE AND
STORAGE
You agree that onPoint has no responsibility
or liability for the deletion or failure to store any messages and other communications
or other Content maintained or transmitted by the Service. You further acknowledge
that onPoint reserves the right to modify these general practices and limits from
time to time.
- MODIFICATIONS TO SERVICE
onPoint reserves the right at any time and
from time to time to modify or discontinue, temporarily or permanently, the Service
with or without notice. You agree that onPoint shall not be liable to you or to
any third party for any modification, suspension or discontinuance of the Service.
- TERMINATION
You agree that onPoint may, under certain
circumstances and without prior notice, immediately terminate your onPoint account
and access to the Service. Cause for such termination shall include, but not be
limited to, (a) breaches or violations of the TOS or other incorporated agreements
or guidelines, (b) requests by law enforcement or other government agencies, (c)
a request by you (self-initiated account deletions), (d) discontinuance or material
modification to the Service (or any part thereof), (e) unexpected technical or security
issues or problems, (f) extended periods of inactivity, (g) engagement by you in
fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you
in connection with the Services. Termination of your onPoint account includes (a)
removal of access to all offerings within the Service, (b) deletion of your password
and all related information, files and content associated with or inside your account
(or any part thereof), and (c) barring of further use of the Service. Further, you
agree that all terminations for cause shall be made in onPoint's sole discretion
and that onPoint shall not be liable to you or any third party for any termination
of your account, any associated email address, or access to the Service.
- DEALINGS WITH ADVERTISERS
Your correspondence or business dealings
with, or participation in promotions of, advertisers found on or through the Service,
including payment and delivery of related goods or services, and any other terms,
conditions, warranties or representations associated with such dealings, are solely
between you and such advertiser. You agree that onPoint shall not be responsible
or liable for any loss or damage of any sort incurred as the result of any such
dealings or as the result of the presence of such advertisers on the Service.
- LINKS
The Service may provide, or third parties
may provide, links to other World Wide Web sites or resources. Because onPoint has
no control over such sites and resources, you acknowledge and agree that onPoint
is not responsible for the availability of such external sites or resources, and
does not endorse and is not responsible or liable for any Content, advertising,
products or other materials on or available from such sites or resources. You further
acknowledge and agree that onPoint shall not be responsible or liable, directly
or indirectly, for any damage or loss caused or alleged to be caused by or in connection
with use of or reliance on any such Content, goods or services available on or through
any such site or resource.
- ONPOINT'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service
and any necessary software used in connection with the Service ("Software") contain
proprietary and confidential information that is protected by applicable intellectual
property and other laws. You further acknowledge and agree that Content contained
in sponsor advertisements or information presented to you through the Service or
by advertisers is protected by copyrights, trademarks, service marks, patents or
other proprietary rights and laws. Except as expressly permitted by applicable law
or authorized by onPoint or advertisers, you agree not to modify, rent, lease, loan,
sell, distribute or create derivative works based on the Service or the Software,
in whole or in part.
- GENERAL INFORMATION
Entire Agreement. The TOS constitutes
the entire agreement between you and onPoint and governs your use of the Service,
superseding any prior agreements between you and onPoint with respect to the Service.
You also may be subject to additional terms and conditions that may apply when you
use or purchase certain other onPoint services, affiliate services, third-party
content or third-party software.
Waiver and Severability of Terms.
The failure of onPoint to exercise or enforce any right or provision of the TOS
shall not constitute a waiver of such right or provision. If any provision of the
TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavor to give effect to the parties' intentions as
reflected in the provision, and the other provisions of the TOS remain in full force
and effect.
- VIOLATIONS