IF YOU NOT AT LEAST 18 YEARS OF AGE, YOU MUST USE THIS SITE OR CCRP FITNESS, LLC’S PRODUCTS OR SERVICES ONLY WITH THE INVOLVEMENT OF YOUR PARENT OR GUARDIAN.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, YOU SHALL NOT USE THE SITE OR ORDER OR USE CCRP FITNESS, LLC’S PRODUCTS OR SERVICES.
You must read carefully and understand the following MEDICAL SAFETY WARNING:
CCRP created the TACFIT FireFighter First Alarm Training Manual (the “Training Manual”) and the TACFIT FireFighter First Alarm Training Program (the “Training Program”). The Training Manual instructs you in the Training Program. For your safety and to avoid injury or even death:
You UNDERSTAND that:
In consideration of being permitted to use the Training Program, you agree on behalf of yourself (and your personal representatives, heirs, executors, administrators, agents and assigns) to release, discharge, indemnify, defend, and hold harmless CCRP and its directors, members, officers, agents, volunteers, legal representatives, successors, heirs, and assigns from any and all liability for personal injury, death, or property loss or damage sustained by you or a third party in connection with and/or resulting from your participation in the Training Program, including those caused by the negligent act or omission of any of those aforementioned or others acting on their behalf.
You must only use the Site for lawful purposes, and you must not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of the Site. You may not without CCRP’s prior written consent:
In using the Site, you further agree:
In addition, you agree that you will comply with all applicable local, national, and international laws and regulations that relate to your use of or activities on this Site.
In the event that you upload any photographs, comments, video clips, or other media to the Site (the “Uploaded Content”), CCRP has the exclusive right to use any and all such elements of the Uploaded Content in connection with and/or as part of its business, including in connection with and/or in any advertising in any and all media, including, without limitation, product packaging, printed publications, presentations, promotional materials, events and associated marketing materials, television and cinema commercials, videos, or websites, in perpetuity throughout the world, as CCRP, in its sole discretion, sees fit without further consent or payment. CCRP has all right, title, and interest in any and all results and proceeds from such use of the Uploaded Content. CCRP may alter, adapt, or edit the Uploaded Content and any further material created under these TERMS AND CONDITIONS, and market and exploit it entirely at CCRP’s sole discretion. CCRP is not obliged to make any use of the Uploaded Content or exercise any of the rights granted by these TERMS AND CONDITIONS.
Your upload of any Uploaded Content and CCRP’s use of any of your Uploaded Content shall not be construed as creating a joint venture, partnership, employment, or agency relationship between you and CCRP related to that Uploaded Content.
Users of the Site must only post Uploaded Content that is owned by, and features, themselves and no third parties.
CCRP may, in its sole discretion, terminate, change, modify, suspend, make improvements to, or discontinue any aspect of the Site or any products available through or outside of the Site, temporarily or permanently, including the availability of any features of the Site or access to any parts of the Site, at any time without notice to you, and you agree that CCRP shall not be liable therefore.
CCRP makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of sites accessible by hyperlink from this Site, or sites linking to this Site. The linked sites are not under the control of CCRP, and CCRP is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes, or updates to such sites. The inclusion of any link does not imply affiliation, endorsement, or adoption by CCRP of the site or any information contained therein. When leaving the Site, you should be aware that CCRP’s TERMS AND CONDITIONS and policies no longer govern, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that site.
All Site materials, including, without limitation, all “TACFIT Firefighter” products, product logos, design, text, graphics, software, other files, and the selection and arrangement thereof (the “Content”) are Copyright © 2012 CCRP Fitness, LLC. ALL RIGHTS RESERVED. CCRP owns and retains all proprietary rights in all products available through the Site. Except as stated herein, none of the Content may be copied, modified, reproduced, distributed, republished, downloaded, performed, displayed, posted, transmitted, sold, or made into derivative works in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of CCRP or the respective copyright owner. You may not, without the express written permission of CCRP or the respective copyright owner, (a) copy, publish, or post any materials on any computer network or broadcast or publications media; (b) modify the materials; or (c) remove or alter any copyright or other proprietary notices contained in the materials. You also may not (a) sell, resell, or make commercial use of the Site, its content, or services or products obtained through the Site; (b) collect and use any product listings or descriptions; (c) make derivative uses of the Site or its Content; or (d) use any data mining, robots, or similar data gathering and extraction methods. You are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary right of CCRP or any third party.
Trademarks: Together with other logos and product names described on this Site, the following are trademarks or registered trademarks of CCRP Fitness, LLC, in the United States: TACFIT FireFighter, TACFIT FireFighter First Alarm, and TACFIT FireFighter Second Alarm. These trademarks may not be copied, imitated, or used, in whole or in part, without the prior written permission of CCRP. In addition, all page headers, custom graphics, button icons, and scripts are the property of CCRP, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of CCRP. Other names and brands may be claimed as the property of others.
It is CCRP’s policy to respect the copyright and intellectual property rights of others. CCRP may remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, CCRP may terminate access by users who appear to infringe the copyright or other intellectual property rights of others. Further, CCRP complies with the Digital Millennium Copyright Act.
If you believe that CCRP or any user of our Site has infringed your copyright in any material way, please notify CCRP, and provide the following:
Please direct inquiries regarding intellectual property infringement issues by email to: info@tacfitfirefighter, or by mail to:
CCRP Fitness, LLC
900 Dupont Street
Bellingham, WA 98225.
You agree to release, discharge, indemnify, defend and hold harmless CCRP and its directors, members, officers, agents, volunteers, legal representatives, successors, heirs, and assigns from any claim, action, demand, loss, or damages (including attorneys’ fees) made or incurred by you or any third party arising out of or relating to your use of the Site, your violation of these TERMS AND CONDITIONS, or your violation of any rights of a third party.
For questions about the products or services on this Site, please use the Customer Service email links found on each product page or section. For questions about orders placed through the Site or otherwise, please use the Customer Service link in the email receipt you receive.
Unless stated otherwise, all CCRP products on the Site carry at least a 60-day money-back guarantee (less shipping and handling) from the date of delivery from the manufacturer or distributor of the product in the event that you are not 100% satisfied with your purchase. If you choose to return any products to us, we will not be responsible for any loss or damage to them in transit. If returned products are lost or damaged in transit, we reserve the right to charge for (or not to refund any amounts attributable to) such loss or damage. Should you experience any difficulty or delay in returning a product and securing the proper refund, please contact us at email@example.com.
We have taken reasonable precautions to try to ensure that prices quoted on the Site are correct and that all products have been fairly described. However, when ordering products or services through the Site, please note that:
If you use the Site or other means to purchase a product, payment must be received by CCRP prior to CCRP’s acceptance of an order, unless otherwise agreed by CCRP. CCRP may need to verify information you provide before CCRP accepts an order, and may cancel or limit an order any time after it has been placed. If payment has already been made and your order is cancelled or limited, CCRP will refund any payment you made for the product that will not be shipped due to cancellation or limitation of an order in the same tender as the original purchase. CCRP expressly conditions its acceptance of your order on your agreement to these TERMS AND CONDITIONS.
In ordering products through the Site or otherwise, you agree to provide only true, accurate, current, and complete information. You hereby certify that any email account you provide to CCRP is registered to you. CCRP shall have the right to bar your access to and use of the Site or its other products or services if it has reasonable grounds to believe that you have provided untrue, inaccurate, not current, or incomplete information to CCRP, or for any other reason it, in its sole discretion, deems appropriate. You agree that your placement of an electronic order on the Site is sufficient to satisfy any applicable Statute of Frauds, and no further writing is required.
CCRP may reject orders where the stated delivery address is outside the United States and Canada.
CCRP will add applicable shipping and handling fees.
CCRP reserves the right without prior notice to discontinue or change specifications and prices on products offered on and outside of the Site without incurring any obligation to you.
CCRP descriptions of, or references to, products not owned by CCRP on and outside of the Site do not imply endorsement of that product, or constitute a warranty, by CCRP.
Unless otherwise noted, CCRP will use its best efforts to ship products within four weeks of the receipt of a properly completed order. However, any delivery or shipment date provided by CCRP to you is CCRP’s good-faith estimate. You understand that product availability may be limited and particular products may not be available for immediate delivery. CCRP shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery. CCRP cannot ship to P.O. boxes.
YOU EXPRESSLY AGREE THAT USE OF THIS SITE AND OTHER PRODUCTS AND SERVICES OF CCRP IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE THROUGH IT AND OTHERWISE ARE PROVIDED ON AN “AS-IS”, “WITH ALL FAULTS”, AND “AS-AVAILABLE” BASIS.
YOU ACKNOWLEDGE THAT CCRP DOES NOT CONTROL IN ANY RESPECT ANY ADVERTISEMENTS, PRODUCT DESCRIPTIONS, PRODUCTS, OR CONTENT OFFERED BY THIRD PARTIES ON OR THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO, INFORMATION OR PRODUCTS PROVIDED BY LICENSE TO CCRP FROM THIRD PARTIES. EXCEPT AS OTHERWISE AGREED IN WRITING, CCRP AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, OR USEFULNESS OF CONTENT OR PRODUCTS (INCLUDING PRODUCT DESCRIPTIONS) DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH OR OUTSIDE OF THIS SITE. NOR DOES CCRP MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, ANY PRODUCTS OR SERVICES OFFERED OR SOLD THROUGH THE SITE, OR ITS CONTENT.
ALTHOUGH CCRP STRIVES TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE SITE, CCRP DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS THAT THIS SITE IS FREE OF DESTRUCTIVE MATERIALS. IN ADDITION, CCRP DOES NOT WARRANT THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED.
CCRP DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS SITE WILL BE MAINTAINED. TO THE EXTENT ALLOWED BY LAW, CCRP DISCLAIMS ALL WARRANTIES NOT EXPLICITLY STATED HEREIN.
The terms of this section survive any termination of the TERMS AND CONDITIONS.
CCRP EXCLUDES ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND TERMS (WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE) TO THE FULLEST EXTENT PERMITTED BY LAW.
IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL CCRP OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES, CLAIMS, OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH: (I) THE SITE; (II) THE USE OR INABILITY TO USE THIS SITE; (III) THE USE OF OR RELIANCE ON ANY CONTENT OR INFORMATION DISPLAYED IN OR ON THE SITE; (IV) THE PURCHASE OR USE OF ANY PRODUCTS THROUGH THE SITE OR OTHERWISE; (V) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED; (VI) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, OR FILE CORRUPTION OR SERVICE INTERRUPTIONS; OR (VII) OTHERWISE UNDER THIS AGREEMENT/TERMS AND CONDITIONS, WHETHER OR NOT REASONABLY FORESEEABLE, EVEN IF CCRP OR ITS REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CCRP’S LIABILITY TO YOU FOR ANY CAUSE OF ACTION OR CLAIM WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU IN THE LAST 90 DAYS TO CCRP FOR ANY PRODUCTS SUPPLIED BY CCRP THROUGH YOUR USE OF THE SITE OR OTHERWISE.
CCRP WILL NOT BE LIABLE IN ANY AMOUNT FOR FAILURE TO PERFORM ANY OBLIGATION UNDER THESE TERMS AND CONDITIONS IF SUCH FAILURE IS CAUSED BY THE OCCURRENCE OF ANY UNFORESEEN CONTINGENCY BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET OUTAGES, COMMUNICATIONS OUTAGES, FIRE, FLOOD, OR WAR.
THESE EXCLUSIONS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAW OF THE UNITED STATES OF AMERICA, THE STATE OF WASHINGTON. IF ANY PROVISION OF THESE DISCLAIMERS AND EXCLUSIONS SHALL BE UNLAWFUL, VOID, OR FOR ANY REASON UNENFORCEABLE THEN THAT PROVISION SHALL BE DEEMED SEVERABLE AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF THE REMAINING PROVISIONS.
This Site is controlled, operated, and administered by CCRP from its offices within the United States of America. CCRP makes no representation that materials on the Site are appropriate or available for use at other locations outside of the United States, and access to them from territories where the contents or products available through the Site are illegal is prohibited. You may not use the Site or export the content or products in violation of U.S. export laws and regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws.
Notwithstanding any of these TERMS AND CONDITIONS, CCRP reserves the right, without notice and in its sole discretion, for any reason or no reason, to terminate your ability to use the Site and to block or prevent future access to and use of the Site. You agree that CCRP shall not be liable for any termination of your use of or access to the Site.
Only you and CCRP shall be entitled to enforce these TERMS AND CONDITIONS. No third party shall be entitled to enforce any of these TERMS AND CONDITIONS.
If any provision of these TERMS AND CONDITIONS shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be deemed severable from these TERMS AND CONDITIONS and shall not affect the validity and enforceability of any remaining provisions.
It is the express intent of the parties that the TERMS AND CONDITIONS and all related documents have been drawn up in English.
These TERMS AND CONDITIONS shall be governed by and construed in accordance with the laws of the State of Washington, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to the TERMS AND CONDITIONS or your use of the Site shall be filed only in the Superior Court of Whatcom County, Washington, and except as stated herein you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of the TERMS AND CONDITIONS. This paragraph does not limit the right of CCRP to: (i) exercise self-help remedies, such as, but not limited to, setoff; (ii) initiate judicial or non-judicial foreclosure against any real or personal property collateral; (iii) exercise any judicial or power of sale rights, or (iv) act in a court of law to obtain an interim remedy, such as, but not limited to, injunctive relief, writ of possession or appointment of a receiver, or additional or supplementary remedies. The prevailing party in any action or arbitration related to these TERMS AND CONDITIONS shall be entitled to its reasonable attorney fees and costs.
CCRP may update or amend these TERMS AND CONDITIONS from time to time to comply with law or to meet CCRP’s changing business requirements without notice to you. Any updates or amendments will be posted on the Site. The TERMS AND CONDITIONS displayed on the website at the time the order is accepted will apply to the order.
These TERMS AND CONDITIONS supersede any other terms and conditions previously published by CCRP and any other representations or statements made by CCRP to you, whether oral, written, or otherwise. CCRP may assign, transfer, or sub-contract any of our rights or obligations under these TERMS AND CONDITIONS to any third party at CCRP’s discretion. No delay by CCRP in exercising any right or remedy under these TERMS AND CONDITIONS shall operate as waiver of that right or remedy or shall affect CCRP’s ability to subsequently exercise that right or remedy. Any waiver must be agreed by CCRP in writing.