Terms of Use

Effective November 1, 2013

This agreement (the “Agreement”) is a legal agreement between you (the “User” or “Member”) and The Drill Sergeant of Life (“DSofL), the owner of DrillSergeantofLife.com that states the terms and conditions under which you may use and view The Drill Sergeant of Life website. By using or viewing our website, you agree to these terms and conditions.

Acceptance of Agreement

You agree to the terms and conditions outlined in this Terms of Use Agreement (“Agreement” with respect to our site (the “Site”). If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at The Drill Sergeant of Life website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications.

Copyright/Service Marks/Trademarks

All content included or available on the Site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is © DrillSergeantofLife.com with all rights reserved, or is the property of DrillSergeantofLife and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modifications, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of DrillSergeantofLife is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of DrillSergeantofLife.

DrillSergeantofLife.com™ is a proprietary mark of The Drill Sergeant of Life, LLC. DSofL’s trademarks may not be used in connection with any product or service that is not provided by DSofL, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits DSofL.

All other trademarks displayed on DSofL’s website are the trademarks of their respective owners and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the websites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with DSofL.

Links To/From the Site

You may provide links to the Site provided: (a) you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the Site immediately upon request by us.

The Site contains links to other Web sites. We are not responsible for the content, accuracy, or opinions expressed in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decided to leave our Site and access these third-party sites, you do so at your own risk.

Advertisers

The Site may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy, or problem in the advertiser’s or sponsor’s materials.

Registration/Purchase

Certain sections of, or offerings from, the Site may require you to register. If registration is requested, you agree to provide us with accurate, complete registration and/or purchase information. Your registration must be done using accurate information. Each registration is for your personal use only. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.

Errors, Corrections and Changes

We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.

Third-Party Content

Third-party content may appear on the Site or may be accessible via links from the Site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site. You understand that the information and opinions in the third-party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.

Disclaimer of Warranties

The sites are provided by DSofL on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, DSofL makes no representations or warranties of any kind, express or implied, regarding the use or the results of this website in terms of its correctness, accuracy, reliability, or otherwise. DSofL shall have no liability for any interruptions in the use of this Website. DSofL disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties. In those instances, the above-referenced exclusion is inapplicable.

Modifications and Interruption to Service

DSofL reserves the right to modify or discontinue the Service with or without notice to the Member. DSofL shall not be liable to Member or any third-party should DSofL exercise its right to modify or discontinue the Service. Member acknowledges and accepts that DSofL does not guarantee continuous, uninterrupted, or secure access to our website. Operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

Compliance with Laws

Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

Nontransferable

Your right to use the Site is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable.

Use of Information

We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy. All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, a “Submission”) will forever be our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services, or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

Privacy Policy

DSofL has developed a privacy policy that explains the types of information we gather, how it is protected, what we do with it, and how you can correct or change information. By using the Site, you are accepting the practices described in this Privacy Policy. Our Privacy Policy, as it may change from time to time, is a part of this Agreement.

Earnings Disclosure

Our Disclosure Policy, as it may change from time to time, is a part of this Agreement.

Payments

You represent and warrant that if you are purchasing something from us or from Merchants on this Site, (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.

Refund and Return Policy

To the extent that you purchase any goods or services directly from us, we will refund you your purchase price within 30 days from the date of your purchase provided you notify us in writing of your desire for the refund together with the reason for the request. By requesting a refund, you agree to cease use and delete/destroy the electronic copies of the DSofL material in your possession.

Limitation of Liability

DSofL shall not be liable for any damages whatsoever. In particular, DSofL shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this website or the information contained in it, whether such damages arise in contract, negligence, tort, under statues, in equity, at law, or otherwise, even if DSofL has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE.

Indemnification

Member agrees to indemnify and hold DSofL, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorney’s fees and costs, made by any third-party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.

Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Content and Materials provided therein.

Governing Jurisdiction of the Courts of Colorado

Our website is operated and provided in the State of Colorado. As such, we are subject to the laws of the State of Colorado. Such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal, or available for use in other locations. Accordingly, if you choose to access our site, you agree to do so subject to the internal laws of the State of Colorado.

Notifications

DSofL may give notice to you of a change in this Agreement or on any other matter by general posting on http://www.DrillSergeantofLife.com or by electronic mail. If you have any questions about this agreement, please call us at (720) 212-9780 or email us at email hidden; JavaScript is required, or submit an email through our website by visiting http://www.DrillSergeantofLife.com/contact.

Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void, or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by DSofL, in our sole discretion, to a third-party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a User/Member. User/Member agrees that by accepting this Terms of Use Agreement, User/Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy statement.