These TERMS OF SERVICE  for Online Courses constitute a binding contract between you (“Member” or “Customer” or “You”) and Fortis Defense LLC., a corporation registered in Gilmer, Texas (“Company”), regarding the terms under which the Company will provide You with access to this online course (or parts thereof) purchased by You.

Member warranties, rights, representations, restrictions, and obligations

1. Members must be at least 21 years of age or 18 years of age with a current active duty United States military obligation.
2. Members are granted a time-limited, non-exclusive, revocable, non-transferable, and non-sublicensable right to access that portion of the online course corresponding to the purchase.
3. The portion of the online course corresponding to the purchase will be available to the Member as long as the course is maintained by the Company, which will be a minimum of one year after Member’s purchase.
4. The videos in the course are provided as a video stream and are not downloadable.
5. By agreeing to grant such access, the Company does not obligate itself to maintain the course, or to maintain it in its present form. The Company may upgrade, modify, change or enhance the course and convert a Member to a new version thereof at any time in its sole discretion, to the extent that this is not detrimental to Members’s use of the online course and on reasonable prior notice to Member (unless the change is outside the Company’s control, in which case the Company will explain the reason for the changes as soon as is reasonably practicable).
6. The Company reserves the right to deny a Member access to the course if, in the Company’s sole discretion, Member has failed to abide by these Terms of Service or appear likely to do so.
7. Member accepts that the Company in its sole discretion may, but has no obligation to, monitor the Services or any portion thereof, and/or to oversee compliance with these Terms of Service.
8. Member promises, acknowledges, and agrees on behalf of itself:
   1. Access privileges may not be transferred to any third-parties
   2. It will not rent, lease, sublicense, re-sell, distribute, transfer, copy or modify the Services or any component thereof.
   3. It will not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit the online course or any portion thereof.
   4. It will not delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the website.
   5. It is solely responsible for acquiring, installing, operating and maintaining the hardware and software environment, network connections, and telecommunication links, necessary to access and use the online course.
   6. It will not use the online course in any manner, or in connection with any content, data, hardware, software or other materials that infringes upon or violates any patent, copyright, trade secret, trademark, or other intellectual property right of any third party, or that constitutes a defamation, libel, invasion of privacy, or violation of any right of publicity or other third party right, or that is threatening, harassing or malicious.

Availability of Website

1. Member recognizes that the traffic of data through the Internet may cause delays during the download of information from the website and accordingly, it shall not hold the Company liable for delays that are ordinary in the course of Internet use.
2. Member further acknowledges and accepts that the website will not be available on a continual twenty-four-hour basis due to such delays, or delays caused by the Company’s upgrading, modification, or standard maintenance of the website.

Intellectual Property Rights

1. The online course is owned by the Company and is protected by U.S. and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
2. No right, title, or interest in or to the online course or any portion thereof, is transferred to any Member, and all rights not expressly granted herein, are reserved by the Company.
3. The Company name, the Company logo, and all related names, logos, product and service names, designs and slogans, are trademarks of the Company. Member may not use such marks without the prior written permission of the Company.

Company Obligations

1. The Company will use commercially reasonable efforts to enable the online course to be accessible, except for scheduled maintenance and required repairs, and except for any interruption due to causes beyond the reasonable control of, or not reasonably foreseeable by the Company.

Governing Law and Venue

1. These Terms of Service are construed and governed by the laws of the United States of America.
2. If any of the provisions, either in whole or in part, of the contract, is or becomes invalid or unenforceable, this shall not serve to invalidate the remaining provisions thereof.

RELEASE OF LIABILITY

In consideration of being allowed to attend Fortis Defenses LLC., I do by this present for myself, my heirs, executors, administrators and assigns, hereby release and agree not to hold liable Fortis Defense LLC., its officers, agents, and employees from any and all actions, causes of actions, claims, demands, costs or damages arising from or resulting from property damage, personal injuries or death sustained by me or my property while attending this course.

I further agree for myself, my heirs, executors, administrators, and assigns to indemnify, hold, and save harmless Fortis Defense LLC., its agents, officers and employees, from any liability, action, claim, damage, award or judgment incurred or suffered by Fortis Defense LLC. or individuals as a result of any act or omission by me or caused by me while attending this course.

In addition, I make the following representations and acknowledgments upon which I intend Fortis Defense LLC. to rely: (1) I understand and agree that while attending, firearms will be utilized and that they are inherently dangerous, and I voluntarily assume all risks of using and employing firearms or other similar products and the equipment utilized in the use of those firearms, those risks being inherent in any situation and under any circumstances on the premises of Fortis Defense LLC., its successors or assigns; (2) neither will I be considered an agent, servant, or employee of Fortis Defense LLC., and, thus I will not be covered by Fortis Defense LLC. for any workers’ compensation, death, or disability benefits; (3) I agree that I will not attend any of the classes, held in conjunction with this training, after consuming alcohol, illegal or prescription drugs or other substance that may impair my mental and physical faculties; (4) if I am found to have violated this agreement or any rules of the Fortis Defense LLC. weapons course, I understand that I will be dismissed and I will have to reapply for another course in order to qualify for my certificate.

Effective Date: 12.17.2019