TERMS AND CONDITIONS
Weapons Defense Academy Legal Policy
IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS OF USE & SALE BEFORE ACCESSING, USING, OR SUBSCRIBING OR PLACING AN ORDER FROM WEAPONS DEFENSE ACADEMY. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES. THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS. CHOOSING TO USE THIS WEBSITE INDICATES YOUR AGREEMENT TO ACCEPT THESE TERMS. IF YOU CANNOT ACCEPT THESE TERMS, PLEASE REFRAIN FROM USING THIS WEBSITE AND PLACING ANY ORDERS.
Only 448, Inc
Weapons Defense Academy
26455 Old 41 Road, Ste. 14
Bonita Springs, FL 34135
USE OF THIS WEBSITE
All the information on this website is meant exclusively for educational and informational purposes. Your access to and use of the information contained in the web site is subject to these Terms and Conditions. By accessing and using this web site, you accept, without limitation or qualification, these Terms. Weapons Defense Academy (hereinafter “WDA”) will make reasonable efforts to present accurate and up-to-date information on this Web site. Yet, WDA makes no warranties or representations of any kind as to its accuracy, currentness or completeness. You agree that you choose to use this Web site and its content at your own risk. WDA disclaims all warranties, express or implied, including warranties of merchantability of fitness for a particular purpose. Neither WDA nor any party involved in creating, producing or delivering this Web site shall be liable for any damages, including without limitation, direct, incidental, consequential, indirect or punitive damages, arising out of access to, use of or inability to use this web site, or any errors or omissions in the content thereof.
The WDA website is owned and operated by WDA. By accessing, browsing or using this website, you agree to these terms, conditions and disclaimers as amended from time to time (“WDA Terms & Conditions”) and acknowledge that you have read and understood these Terms and Conditions and you expressly agree to be bound by these Terms and Conditions. These Terms and Conditions may be amended by WDA from time to time. Any amendment will be effective immediately. Your continued use of this website after any amendment becomes effective constitutes an agreement by you to abide and be bound by these Terms and Conditions, as so amended.
Any party engaging in illegal activities involving the use of this website will be subject to civil and criminal prosecution. All the products and services are only available to persons who are over the age of 18 and are legally allowed to enter binding contracts. WDA cannot guarantee that it will notice or be able to prevent any illegal or inappropriate use of this website, nor can WDA guarantee that it will give notice of any illegal or inappropriate use of this website. The information is believed to be accurate and current at the time the information was presented on this website.
The information contained on this website is provided by WDA in good faith, and on the “as is” basis. WDA and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided “as is” without warranty of any kind. WDA and its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. The videos, documents and related graphics published on this server may include technical inaccuracies or typographical errors. Changes are periodically made to the information herein. WDA and/or its respective suppliers may make improvements and changes in the product(s) or the program(s) described herein at any time.
In no event shall WDA or its respective suppliers or affiliates be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of software, documents, provision of or failure to provide services, or information available from this server.
None of WDA, its related bodies corporate, any of their directors, officers or employees, affiliates, related companies, or its licensees, or join-Project partners, make any representation or warranty as to the reliability, accuracy or completeness of the information contained on this website (including in relation to any products or services) and none of them accept any responsibility arising in any way (including negligence) for errors in, or omissions from, the information contained on this website. WDA disclaims all representations and warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement to the fullest extent permitted by applicable law. WDA makes no warranty that the website or any products or services advertised on the website will be timely, secure, errorless, uninterrupted, or meet any specific requirements you may have. No advice, suggestion or information, whether printed, oral or written, obtained by you from or through this website creates any warranty not expressly made in these Terms and Conditions.
Information on this website pertaining to products and/or services has been prepared in accordance with the United States laws only. This information may not satisfy the laws of some other country. In case these terms and Conditions do not satisfy the laws of the country in which you reside or from which you are accessing this website, this website and its content are not meant for your use and cannot be relied upon by you. If you choose to use this website, you agree to indemnify WDA against any losses, costs, expenses or damages WDA may incur as a consequence.
You expressly acknowledge and agree that you understand that WDA does not possess control over other users of this website or the suppliers of goods and services purchased from this website. Thus WDA is therefore not liable for their opinions, behavior, or their acts including any information or advice provided by them or any defamatory statements made by them or any offensive conduct on their part.
When purchasing products or other items from WDA, the purchaser understands and accepts the risk associated with using this kind of equipment, and the purchaser understands the risk associated with following instructions from other products. The purchaser agrees not to hold WDA, its agents, representatives, related bodies corporate, any of its directors, officers or employees, affiliates, related companies, its licensees, or Joint-Project partners, liable for injuries or proper maintenance and/or supervision.
ALWAYS consult your doctor before using any product, system, program, instruction, recommendation, advice, or any other kind of information obtained from WDA or its websites. Refrain from using any product, system, program, instruction, recommendation, advice, or any other kind of information obtained from WDA or its websites, if you have any abnormal health-related conditions. Use any product, system, program, instruction, recommendation, advice, or any other kind of information obtained from WDA or its websites at your own risk. Failure to follow instructions and/or use of any product, system, program, instruction, recommendation, advice, or any other kind of information obtained from WDA or its websites in any way other than intended could result in injury.
Payment for Membership and Cancellation of Membership
1. General: We may make our services available in both free and premium versions through the Site. We reserve the sole right to either modify or discontinue the Site or any of the services or features that might be available through a free or premium model, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services shall also be subject to these Terms of Service.
2. Paid Memberships: The Paid Memberships provide features that are not available in the free version of our services. For Paid Memberships, you agree to pay us the applicable subscription fee as set forth on the Site until you cancel your subscription. We reserve the right to increase the Paid Membership fees or institute new charges upon reasonable notice to you. Membership fees are due in advance of access to the premium features and may be offered in one-month increments, four-month increments, one-year increments, or other increments as may be offered by WDA. Your subscription will automatically renew for the respective increment subscription period until you notify us of your decision to terminate your subscription. All subscription fees are earned in full when paid and are not refundable. Subscription fees are exclusive of all taxes, levies, or duties imposed by taxing authorities for which you shall be solely responsible to pay. We will not issue refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for increments unused with an open account. In order to treat everyone equally, no exceptions to this practice will be made. You may cancel your membership at any time by contacting our support team at email@example.com and requesting cancellation or by going to the “My Account” tab and then clicking the “Edit my Profile” tab. Once there you will click “cancel subscription” and follow the instructions. Accordingly, you agree that the subscription fee will be billed automatically at the beginning of each renewal period at the then-current rate to the credit card you used in your most recent transaction with us. Cancellations must be received at least 2 business days prior to the next billing cycle to avoid additional incremental charges.
3. Trial Offers: In certain cases, our premium services may be provided on a free or limited trial basis. There is a limit of one free or limited trial offer, if any, per person during any given one-year period unless otherwise stated in the offer. If you do not cancel your trial subscription during the offer period, we will charge the credit card you provided during the registration process for the applicable monthly subscription fee.
Any and all the software on this website is made available for downloading solely for use by end-users. Any available software that you can download from this server (“Software”) is the copyrighted work of WDA and/or its suppliers. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent of law. Forwarding, transferring or copying of any software, video, audio or any other media on this website to any other server or location for further reproduction is expressly prohibited.
WDA, its agents, representatives, related bodies corporate, any of its directors, officers or employees, affiliates, related companies, its licensees, or Joint-Project partners, hereby fully disclaim all warranties and conditions with regard to the software and other technology products, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
Materials and Documents
In order to use any videos or documents, in their entirety or parts contained within this website (videos, press releases, FAQs, white papers, case studies, testimonials, articles, and any other materials), you MUST acquire a written permission from WDA. You can request such a permission at:
Weapons Defense Academy
26455 Old 41 Road, Suite 14
Bonita Springs, FL 34135
Violators will be prosecuted to the maximum extent the law provides.
Website Design and Structure
The design, layout, and structure of any WDA websites or any other WDA owned, operated, licensed or controlled site is the property of WDA. Parts, fragments, and elements of WDA’s websites are protected by copyright, trade dress, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the WDA website may be copied or retransmitted unless expressly permitted in writing by WDA.
User Submissions and Collected Information
You agree to provide certain current, complete, and accurate information about yourself as prompted to do so by this website; and maintain and update this information as required to keep it current, complete and accurate. WDA will have no obligations with respect to the communications. WDA and its assignees will be free to copy, disclose, distribute, incorporate and otherwise use the communications and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes. Information that we collect from you through this website will vary depending upon how you use the website and what information you choose to provide to us. If you contact us via e-mail or submit an online request for information or a registration form, we will collect the information that you provide to us in your e-mail message or request, including your name, contact information, e-mail address and any questions or comments that you may submit. Any material, information or other communication you transmit or post to this website will be considered non-confidential and non-proprietary communications. You are prohibited from posting or transmitting to or from this site any pornographic, unlawful, threatening, defamatory, obscene, or any other material that would violate any law.
If you send us any questions or comments by e-mail, we will use your e-mail address to respond to your questions or comments. If you submit an online request for information, we will use your name and contact information to process your request. If you subscribe to our email newsletter, register on the Discussion Forum, subscribe to any of our Facebook pages, to any of our programs, special sections of the website, or purchase from us, we will automatically add your email address to our email database. This information is used to send out regular email newsletters containing updates, information on exclusive specials and current happenings.
We will always provide you with the opportunity to “opt-out” of your subscriptions. If you later decide to “opt-out”, you may do so by simply sending an email to info@weaponsdefenseacademy with the word “REMOVE” in the subject line. The requests for removal from our database will only be accepted from the very email address to be removed.
All information provided by you when you sign up to become a Member or which you provide when placing an order is referred to in these Terms and Conditions as “user information”. When you provide any user information you are representing and warranting that all of the information provided is true and correct and are agreeing to indemnify WDA for any losses, costs expenses or damages that WDA may suffer if any of this information is not correct. You grant to WDA the right to disclose aspects of your user information. You must not transmit or attempt to transmit any material of any kind to this website which contains a virus, malicious computer code or other harmful component or otherwise attempt to alter any of the content on this website.
You acknowledge and consent to the disclosure by WDA to any law enforcement agency in any jurisdiction that is investigating any breach or suspected breach of any law in any jurisdiction of your identity or other information provided by you to this website, upon being requested to do so by that law enforcement agency. WDA neither collects nor holds financial information of its customers. All financial transactions are carried out by the authorized processing agencies.
Other than the information necessary for order processing, we do not share, sell or make available any information you provide to us online or otherwise, with any outside company or third party. WDA protects all personal information about the users of its online service. We will collect and track information about visitors on a group basis where your identity is not precisely known. If any user information provided by you is incomplete or inaccurate or you attempt to transmit any material of any kind to this website which contains a virus, malicious computer code or another harmful component or you otherwise attempt to alter any of the content of this website, or you are otherwise in breach of these Terms and Conditions, WDA preserves the right to terminate your subscriptions, membership, website access, and your right to purchase products and services from its websites, and to prosecute you to the fullest extent of the law.
Maintaining information that is current, accurate, and complete allows us to make our website more useful and to provide our members with better service. To that end, we encourage you to update your contact information from time to time.
Limitation of Liability
Any information about WDA products or services is not to be used or distributed where prohibited by law. In no event shall WDA be liable for any incidental or consequential damages, lost profits, or lost data, or any indirect damages even if WDA has been informed of the possibility thereof. WDA will in no way be liable for any direct, indirect, incidental, special or consequential damages, resulting from your use or your inability to use this website or for the cost of procurement of any products or services or resulting from any products or services purchased or obtained or messages received or transactions entered into through this website or resulting from unauthorized access to or alteration of your transmissions or data or of any information contained on this website, including but not limited to, damages for loss of profits, use, data or other intangible, even if WDA has been advised of the possibility of such damages.
You hereby agree to indemnify, defend and hold WDA, its agents, representatives, related bodies corporate, any of its directors, officers or employees, affiliates, related companies, its licensees, or join-Project partners, harmless from and against any and all claims, loss, damage, tax, liability and/or expense that may be incurred by WDA, its agents, representatives, related bodies corporate, any of its directors, officers or employees, affiliates, related companies, its licensees, or join-Project partners arising out of or in connection with the performance of their duties as described in these Legal Statement including the legal costs, fees and expenses of defending itself against any claim by any or all of the parties to any transaction or taking any action or legal proceeding. You further agree to indemnify and hold WDA, its agents, representatives, related bodies corporate, any of its directors, officers or employees, affiliates, related companies, its licensees, or join-Project partners harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this website, the violation of these Terms and Conditions by you, or the infringement by you, or other user of this website using your user ID, of any intellectual property or other right of any person or entity.
The entire contents of this Web site are subject to copyright protection. Copyright © 2013 WDA. All rights reserved. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark of WDA, or any third party. The contents of this Web site may not be copied. As expressly provided above, you may not copy, display, download, distribute, modify, reproduce, republish or retransmit any information, video/s, text or documents contained in this web site or any portion thereof in any electronic medium or in hard copy, or create any derivative work based on such videos, images, text or documents, without the express written consent of WDA.
Your ability to remain a member and to purchase products and services from this website may be terminated at any time by WDA without notice. All restrictions, licenses granted by you and all disclaimers and limitations of liability by WDA will survive termination. Should you object to any of these Terms and Conditions (including any subsequent amendments), you must immediately discontinue use of this website, and notify WDA in order to terminate your Membership.
Under accepted codes of conduct operating within the banking industry, the amount your bank can hold you liable in case of fraudulent charges is limited, unless your actions have contributed to the unauthorized use of your credit card. In the event of an unauthorized use of your credit card, you must notify your credit card provider in accordance with its reporting rules and procedures.
Once you become a member you will receive a password. You are entirely responsible for the security and confidentiality of your password and other user credentials. Furthermore, you are entirely responsible for any and all activities, which occur under your email address and password. You agree to immediately notify WDA of any unauthorized use of your email address or password or any other breach of security that you become aware of.
Third-Party Websites and Links
This Web site may contain links or references to other Web sites maintained by third parties over whom WDA has no control. Such links are provided merely as a convenience. Similarly, this Web site may be accessed from third party links over whom WDA has no control. WDA makes no warranties or representations of any kind as to the accuracy, currency, or completeness of any information contained in such Web sites and shall have no liability for any damages or injuries of any kind arising from such content or information. Inclusion of any third party link does not imply an endorsement or recommendation by WDA. The links on this website will let you leave WDA’ site. The linked sites are not under the control of WDA and WDA is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. WDA is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by WDA of the site.
Reviews, Comments, and Suggestions
WDA enables visitors to its websites to post reviews of and comments on products and services featured on this website. If you post reviews or comments on this website, you grant to WDA, its agents, representatives, related bodies corporate, any of its directors, officers or employees, affiliates, related companies, its licensees, or Joint-Project partners, a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such reviews and comments throughout the world in any media. You expressly waive in favor of WDA and any other person authorized by WDA all moral and similar rights in any jurisdiction which you have or acquire in respect of such reviews and comments. You also grant to WDA, its agents, representatives, related bodies corporate, any of its directors, officers or employees, affiliates, related companies, its licensees, or joint-Project partners, the right to use and publish your name, which you will be required to submit with any review or comment, in connection with that review or comment. You agree not to post any review or comment that contains any unlawful, criminal, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind or which violates or infringes upon the rights of any person. If you do, you acknowledge that WDA will reserve the right to terminate your membership and overall access to its websites at its own discretion. You will also fully indemnify WDA for any losses, costs, expenses or damages that WDA may suffer as a result.
You understand that WDA uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the services provided and WDA is not responsible for the shortcomings of any such third parties.
WDA does not represent that any information (including any file) obtained from or through its websites is free from computer viruses or other faults or defects. It is your responsibility to scan and protect any and all information for computer viruses. WDA, its agents, representatives, related bodies corporate, any of its directors, officers or employees, affiliates, related companies, its licensees, or join-Project partners, will not be liable to you or to any other person for any loss or damage (whether direct, indirect, consequential or economic), however caused and whether by negligence or otherwise, which may result directly or indirectly from any such information. To the extent that any applicable law that cannot be excluded imposes any liability on WDA, that liability shall be limited to the cost of re-supplying that information. This limitation includes damages to, or for any viruses that infect your computer equipment.
A. Severability. If any provision of this Agreement is found by any court of competent jurisdiction to be invalid or unenforceable, the invalidity of such provision shall not affect the other provisions of this Agreement, and all provisions not affected by such invalidity shall remain in full force and effect.
B. Waiver. The waiver by either party of a breach or default in any of the provisions of this Agreement by the other party shall not be construed as a waiver of any succeeding breach of the same or other provisions; nor shall any delay or omission on the part of either party to exercise or avail itself of any right, power or privilege that it has or may have hereunder operate as a waiver of any breach or default by the other party.
C. Notice. Any notice provided pursuant to this Agreement, if specified to be in writing, shall be in writing and shall be deemed given (A) if by hand delivery, upon receipt thereof, (B) if by mail, thirty (30) days after deposit in the United States mails, postage prepaid, certified mail, return receipt requested, (C) if by facsimile transmission, upon electronic confirmation thereof, or (D) if by next day delivery service, upon such delivery.
D. Force Majeure. If the performance of any part of this Agreement by the parties is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, terrorism, earthquake, fire, judicial or governmental action, labor disputes, act of God or any other causes beyond the control of either party, that party shall be excused from such to the extent that it is prevented, hindered or delayed by such causes; provided, however, that if such period of force majeure last more than thirty (30) days, then the other party hereto may terminate this Agreement.
E. Choice of Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida without regard to the principles of conflicts of laws.
F. Jurisdiction and Venue. In all circumstances where subject matter jurisdiction lies for adjudication in the federal courts, any controversies or claims arising out of or relating in any way to this Agreement or a breach thereof shall be adjudicated in the United States District Court for the Middle District of Florida, Fort Myers Division. In all other cases, any controversies or claims arising out of or relating in any way to this Agreement or a breach thereof shall be adjudicated in the courts of the state of Florida in Lee County.
G. WAIVER OF JURY TRIAL. YOU KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY PROCEEDING ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT.
H. Attorneys Fees. You knowingly, voluntarily and intentionally agree to pay all costs and expenses, including attorneys fees, for Weapons Defense Academy with respect to any proceeding arising out of or in any way relating to this Agreement, regardless of the outcome of said proceeding.
I. Headings. The section headings used herein are for reference and convenience only and shall not enter into the interpretation hereof.
J. Entire Agreement. This Agreement, together with the Assumption of Risk Agreement and any other Agreements entered into by You, constitute the entire agreement between the parties with respect to the subject matter of the Agreement, and supersedes all prior agreements between the parties, whether written or oral, relating to the same subject matter.
ASSUMPTION OF RISK, INDEMNIFICATION, DEFEND, AND HOLD HARMLESS AGREEMENT
Self Defense training can be dangerous.
You are responsible for yourself. Practice at your own risk.
Consult your physician before beginning a new physical activity and seek out a qualified instructor to supervise your training.
In simple English this agreement states that WDA is providing you educational information and that you understand that when training you can hurt and/or kill yourself and/or your training partner very easily and that if you do, it is your fault or your partner’s fault and that WDA is not going to be liable for your stupidity.
DON’T DO STUPID STUFF!!
Also, if you are ever in a confrontation and hurt anybody it is your responsibility not that of WDA. We recommend that you run away and not fight. You have to know your locality’s justifiable use of force rules and regulations and excessive use of force rules and regulations. If you hurt or kill somebody it is your fault and not the fault of WDA.
DON’T DO STUPID STUFF OR YOU WILL GO TO JAIL!!
If you or somebody you hurt initiates a lawsuit against WDA or any of its partners you agree to defend WDA and agree to state that everything that you did was your fault and not that of WDA.
IF YOU CANNOT ACCEPT THESE TERMS AND THOSE BELOW THEN DO NOT BECOME A WDA MEMBER!!
1. I hereby enroll and join as a member, subscriber, or user (all three hereinafter referred to as “Member”) of the online Weapons Defense Academy video’s or video membership offered by Only448, Inc. d/b/a the WEAPONS DEFENSE ACADEMY, (hereinafter “WDA”). I understand that I have been allowed to become a Member of WDA based in material part on this Assumption of Risk and Indemnification, Defend and Hold Harmless Agreement. I ensure that I am in proper physical condition to participate in the activities which are taught in the videos at WDA and that I am fully aware of the risk and danger involved in such activities and that unanticipated and unexpected danger may arise during such activities and I assume all risk of injury to my person and property that may be sustained in connection with the activities. Additionally, I am voluntarily participating in the Member program with the knowledge of the risks involved and hereby agree to accept any and all inherent risks of property damage, bodily injury, or death. On behalf of myself and my heirs, successors, and assigns, I agree to indemnify, defend, and hold harmless WDA, its officers, directors, agents, instructors, and representatives with respect to any and all actions, claims or demands that may be made or brought against WDA, its officers, directors, agents, instructors, and representatives, arising from or in connection with my participation in the video instruction offered by WDA or in connection with any illness or injury or cost of medical treatment in connection therewith, and I agree to compensate WDA, its officers, directors, agents, instructors, and representatives for reasonable attorney’s fees and expenses arising in connection therewith.
2. All information provided by WDA in all it’s video instruction, including but not limited to, the Member program videos and website is for informational and educational purposes only. The information may or may not add to your self-defense abilities. You agree not to rely on any instruction provided on the WDA member site to protect you in any defensive predicament that you may encounter. The information that is provided to you in no way means that you have learned it proficiently and that you are able to use it competently. WDA provides no guarantee of success and WDA recommends that you should always retreat from any altercation which presents itself to you.
3. While practicing WDA instructions, always stop immediately when your attacking partner says or shows that a grab or a move hurts. Remember always to practice on a soft surface so you don’t hurt your attacking partner when throwing him to the ground. For the techniques, where you learn to protect yourself against a weapon, never use a real weapon, but something similar in a soft material. WDA disclaims any responsibility if you or your attacking partner gets hurt in any way while practicing WDA instructions.
4. Always consult a qualified medical professional before engaging in any form of physical exercise. If you feel faint, unwell or at all unsure when exercising, stop immediately and consult your doctor.
5. I hereby take full responsibility for any and all personal and/or bodily injury incurred through or by any and all negligence either to myself, and/or any other person, or any person who causes injury to me.
6. I have had sufficient time to read this entire document and, should I choose to do so, I may consult with legal counsel prior to signing. Also, I understand that this activity might not be made available to me or that the cost to engage in this activity would be significantly greater if I were to choose not to sign this release, and I agree that the opportunity to participate at the stated cost in return for the agreement to this release is a reasonable bargain. I have read and understood this document and I agree to be bound by its terms.
7. Choice of Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida without regard to the principles of conflicts of laws.
8. Jurisdiction and Venue. In all circumstances where subject matter jurisdiction lies for adjudication in the federal courts, any controversies or claims arising out of or relating in any way to this Agreement or a breach thereof shall be adjudicated in the United States District Court for the Middle District of Florida, Fort Myers Division. In all other cases, any controversies or claims arising out of or relating in any way to this Agreement or a breach thereof, shall be adjudicated in the courts of the state of Florida in Lee County.
9. WAIVER OF JURY TRIAL. YOU KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY PROCEEDING ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT.
10. Attorneys Fees. You knowingly, voluntarily and intentionally agree to pay all costs and expenses, including attorneys fees, for Weapons Defense Academy with respect to any proceeding arising out of or in any way relating to this Agreement, regardless of the outcome of said proceeding.
11. By becoming a Member and accessing the Weapons Defense Academy websites, I affirm that I have read, understood and agreed to the above terms and conditions.