Gunner Training USER AGREEMENT
Last Updated: January 2013
Welcome to the website (“Site”) for
Gunner TrainingTM (“Gunner Training”),
a business division of Gunner Training, Inc.
This User Agreement, including our Privacy Policy, between you,
as the user of this Site, and Gunner Training, governs your use of the
Gunner Training Site.
Please read this User Agreement carefully, because by visiting or using
the Gunner Training Site, you agree to follow its rules. From time to
time we may modify these rules. We will notify you of any significant
change by posting a notice on our home page and information collection
forms. Your continued use of the Gunner Training Site after any
modification indicates your agreement to the new terms.
Privacy Policy
Please review our Privacy Policy which
describes how Gunner Training handles any personally identifying
information collected from visitors to the Gunner Training Site.
Copyright
Website Materials. Copyright on this Site and all materials included in
it is owned by or licensed to Gunner Training and all rights are reserved.
You must abide by all copyright notices and restrictions contained on this
Site. You may not copy, distribute, enter into a database, display,
perform, create derivative works of, transmit, or otherwise use any
materials from this Site (including computer programs or other code)
(“Site Materials”), unless we have specifically authorized you
to do so and then only for personal, non-commercial use, and only if you
do not alter the text or remove any trademark, copyright, or other notice
displayed on the Site Materials.
Trademarks
Gunner Training, the Gunner Training Logo, and other logos on the
Gunner Training Site are trademarks owned by Gunner Training, Inc.
(“Gunner Training Trademarks”). You may not use the Gunner Training
Trademarks in connection with any product or service that does
not belong to us, or in any manner that is likely to cause confusion among
users about whether we are the source, sponsor, or endorser of the product
or service, or in any manner that disparages or discredits us.
Links, Frames, and Metatags
You may link to the home page of the Gunner Training Site as long as the
link does not cast us in a false or misleading light.
You may not frame the content of the Gunner Training Site. You may not use
metatags or any other “hidden text” that incorporates the
Gunner Training Trademarks or our name without our express written consent.
Links to Other websites
This Site may contain links to other websites, including sites for other
Gunner Training, Inc. products or divisions. This User Agreement
and the Privacy Policy do not apply to these other websites. Be sure to
read the user agreements and privacy policies that govern your use of
these other websites. Any links to other websites should not be construed
as any endorsement or recommendation of such other websites by
Gunner Training.
Disclaimer and Limitation of Liability
THIS SITE AND THE INFORMATION, CONTENTS, GRAPHICS, DOCUMENTS AND OTHER
ELEMENTS INCLUDED HEREIN (COLLECTIVELY THE “CONTENTS”) ARE
PROVIDED ON AN “AS IS” BASIS WITH ALL FAULTS AND WITHOUT ANY
WARRANTY OF ANY KIND. Gunner Training HEREBY DISCLAIMS ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THE SITE CONTENTS, INCLUDING WITHOUT LIMITATION,
ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. EXCEPT AS MAY BE EXPRESSLY
STATED ON THIS WEBSITE, NEITHER Gunner Training, Inc. NOR ANY OF
ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR OTHER AUTHORIZED
REPRESENTATIVES SHALL BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN
CONNECTION WITH THE USE OR PERFORMANCE OF THIS SITE, OR THE INFORMATION OR
CONTENTS AVAILABLE FROM THIS SITE. THIS IS A COMPREHENSIVE LIMITATION OF
LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT
LIMITATION) COMPENSATORY, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS
OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF
THIRD PARTIES.
THE CONTENTS OF THIS SITE COULD INCLUDE TECHNICAL INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE CONTENTS OF
THIS SITE. Gunner Training MAY MAKE IMPROVEMENTS, DELETIONS, CHANGES OR
OTHER MODIFICATIONS TO THIS SITE, THE CONTENTS HEREOF, AND THE PRODUCTS
AND SOFTWARE DESCRIBED HEREIN AT ANY TIME WITHOUT NOTICE.
Governing Law
This User Agreement will be governed by the laws of the State of
Massachusetts applicable to contracts made and performed there without
regard to its conflicts of law principles. You agree to submit to the
exclusive jurisdiction of the state and federal courts sitting in the
State of Massachusetts and Suffolk County and waive any jurisdictional,
venue, or inconvenient forum objections to such courts.
Review and Correction; Questions
If you are a registered member of the Gunner Training Site, you may
review and update your personal data by clicking the
“My Account” link on your personal login page. If you have
any questions about our treatment of your data, or if you wish to update
your personal data, you can send an email to
chat@firecracker.me.
Cancellation of Subscription
You may cancel your subscription within 120 hours (5 days) of initial
signup by sending a cancellation email to
chat@firecracker.me
with your subscription information or by sending a letter to
Firecracker Inc., One Broadway, 14th Floor, Cambridge, MA 02142 and
receive a full refund.
The Gunner Training Site is a subscription based site. As such, we will
automatically charge your credit card on a monthly basis until you take
specific action to cancel your subscription. The specific date that
these charges will be incurred is dictated by the date on which you
signed up for our service. You can cancel your subscription under the
“My Account” link on your personal login page, or by emailing
us at
chat@firecracker.me.
If you cancel your subscription, your account will remain active until
the date on which your next subscription fee would have been charged.
Gunner Training, Inc. and the Gunner Training Site will not
provide a prorated refund of unused time.
Termination
We reserve the right to suspend the Gunner Training Site or terminate
this User Agreement at any time without notice for any reason, including,
in the case of the User Agreement, for your violation of any of its
provisions. The Disclaimer and Limitation of Liability and Governing Law
sections of this User Agreement shall survive any such termination.
We specifically reserve the right to suspend or terminate, without
refund, your account for suspected abuse of the Gunner Training Site or
its contents. This includes User behavior that would be consistent with
copying and pasting content into external applications.
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