Please Read The Following Terms And Conditions, If You Disagree, please do not proceed to download any files/material.
TERMS AND CONDITIONS
1. General
Barton Dunant’s exercise template delivery service is a service provided by York Drive, LLC (“York Drive”) that provides you with access to the specific template material via an online shopping store concept. These Terms and Conditions between York Drive and you set out duties and responsibilities associated with using the Service. You are solely responsible for all access to and use of the Service, including any breach of these Terms and Conditions by you or any user of your device, be it a laptop, iPad or other used to access the Service – a “device”). For the purposes of these Terms and Conditions, “you” means you and every person you authorize to use the Service. By accessing the Service, you agree to the terms and conditions contained in these Terms and Conditions. If you do not wish to be bound by these Terms and Conditions, you may not access or use the Service. York Drive may modify these Terms and Conditions at any time without your consent or authorization, including modification of prices or modification or termination of the Service, or any components thereof. York Drive will notify you of any changes to these Terms and Conditions by posting notice of the modified Terms and Conditions on the “Shopping Cart” or “Terms and Conditions” page presented to you when you first access the Service. You agree to periodically review the Terms and Conditions in order to be aware of any modifications, and your continued use of the Service shall be deemed to be your acceptance of the modified Terms and Conditions. If you do not agree to any modification of these Terms and Conditions, you agree that you will be unable to use the Service.
2. By accessing the Services, you agree to these Terms and Conditions and you consent to the use of such information, including your e-mail address, by York Drive and its affiliates such as Barton Dunant, for the Service and for general communication purposes, including periodically providing you with information on other products and services offered by York Drive and its affiliates. You further acknowledge that York Drive and its affiliates may retain and use any information, comments or ideas conveyed by you relating to the Service (including any products and services made available on the Service). This information may be used to provide you with better service.
3. Indemnity
Access to Templates
You agree to indemnify and hold York Drive, its affiliates, agents and suppliers harmless from all liabilities and expenses related to any violation of these Terms and Conditions by you or any user of your Account, your device or in connection with your or their use of the Service. While using the Service, you may not post, transmit or otherwise distribute information or encourage conduct that would constitute a criminal offence or give rise to civil liability, or otherwise use the Service in a manner which is contrary to law or to York Drive’s policies, or would serve to restrict or inhibit any other user from using or benefiting from the Service. Without limiting the foregoing, you agree not to use the Service for any commercial purpose not otherwise permitted by these Terms and Conditions.
Template Usage
You agree to indemnify and hold York Drive, its affiliates, agents and suppliers harmless from all liabilities and expenses related to the use of any templates in any type of exercise conducted by you or any other third-parties. While using any templates, you may not post, transmit or otherwise distribute information or encourage conduct that would constitute a criminal offence or give rise to civil liability, or otherwise use the templates in a manner which is contrary to law or to York Drive’s policies, or would serve to restrict or inhibit any other user from using or benefiting from the Service. Without limiting the foregoing, you agree not to use the templates for any commercial purpose not otherwise permitted by these Terms and Conditions.
4. Service Availability
The Service is only available via an Internet connection for which you are solely responsible. York Drive assumes no liability whatsoever for any claims, damages, losses or expenses arising out of or otherwise relating to the unavailability of the Service in your geographical area, in particular due to changes in transmission of Internet capability over WiFi or other public domain internet service providers.
5. Performance Levels
Transmission speed is a function of the bottlenecks experienced upon the wider network architecture of the Internet itself, as well as the geographic environment in which a Hotspot may be deployed. As such York Drive does not guarantee the performance of or speed to use the Service. You understand that any content that you may access through the Service may be subject to network management in order to ensure that all users of the Service receive reasonable access to the Service.
6. Security and Privacy
York Drive will not be responsible for any corrupted files or viruses that affect the user of the Service. It is your responsibility to safeguard your system through appropriate means (e.g. using commercially available software), from theft, unauthorized use or system corruption. Any detriment caused to the network as a result of your failure to properly secure your system may result in the immediate termination of your Service. York Drive cannot ensure or guarantee privacy for users of the Service. York Drive’s website is on a SSL secured site for the transmission of confidential information such as credit card payment information. Any such use shall be at your sole risk and York Drive, its affiliates and its agents shall be relieved from all liability in connection therewith. Hotspots represent additional security risks as compared with wired Internet connection because access to your device is possible without being physically connected to your device; therefore, it is strongly recommended (and it is your responsibility to) ensure that the configuration of your computer is secure. In order to work with the widest variety of devices, you acknowledge that the Hotspots do not provide any level of encryption (such as WEP, WPA or other encryption and authentication mechanisms).
7. Service Usage
Resale or Redistribution Prohibited
Resale or redistribution of any downloaded material – including free downloads – or any other part of the Service for any purpose is strictly forbidden. Failure to comply with this condition will result in immediate cancellation of access to the Service at York Drive’s discretion.
8. Limited Warranty
The Service is provided by York Drive on an “as is” and “as available” basis without warranties or conditions of any kind. You are responsible for the use and compatibility of the Service with any applicable laws, policies, directives, staffing, equipment, software, services and/or other materials not provided by York Drive (“Third Party Equipment and Services”). York Drive disclaims all responsibility for determining compatibility between the Service and any Third Party Provided Planning, Organization/Staffing, Equipment Training and Exercises. Neither York Drive, nor its affiliates, agents and/or suppliers warrant the performance, availability, uninterrupted use or operation of the Service, nor any deliverable provided under these Terms and Conditions. The entire risk as to the availability, quality and performance of the Service or any deliverable provided under these Terms and Conditions is with you. Further, neither York Drive nor its affiliates warrant that any data or files sent by or to you will be transmitted, transmitted in non-corrupted form or transmitted within a reasonable period of time, that such data or files will not be intercepted, that other users will not gain access to any of your computer equipment, or that any Content or other material accessible through the Service is free of viruses or other harmful components, or will not be subject to “caching” at intermediate locations on the Internet when being accessed through the Service.
YORK DRIVE MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR NON-INFRINGEMENT, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE EXERCISE TEMPLATE DELIVERY SERVICE, CONSULTING SERVICES, SOFTWARE OR ANY OTHER DELIVERABLES PROVIDED HEREUNDER. ANY MERCHANDISE, INFORMATION, CONTENT OR SERVICE PROVIDED ON THE INTERNET, AND ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED ARE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, HEREBY EXCLUDED.
13. Limitation of Liability
In the event of any breach by York Drive, its affiliates, suppliers, or agents, including any breach of a fundamental term or any negligence, your exclusive remedy shall be to terminate use of the Service. Other than the foregoing remedy, under no circumstances shall York Drive, its affiliates or its agents be liable to you or any third party for: (i) any direct, indirect, special, or consequential damages, including, without limitation, loss of profits and loss of business opportunities that result in any way from these Terms and Conditions, including your use of the Service or access to the Internet or any part thereof, your reliance on or use of information, services or merchandise provided on or through the Service, or which result from mistakes, omissions, interruptions, deletion or corruption of files, errors, defects, delays in preparations, or transmission, or failure of performance; or (ii) any losses or expenses (including legal fees) arising out of, or in connection with any allegation, claim, suit or other proceeding based upon a contention that the use of the Service by you or a third party through your Account infringes the intellectual property rights or contractual rights of any third party.
14. Termination and Account Suspension You may terminate these Terms and Conditions by ceasing to utilize the Service. York Drive may suspend or restrict the Service, at any time without notice, or terminate these Terms and Conditions, including the Service, at any time if: (i) the operations or efficiency of the Service is impaired by your use of the Service; (ii) you have breached any term or condition of these Terms and Conditions. York Drive shall have no responsibility to notify any third party providers of services, merchandise or information of such termination or suspension. Any termination of these Terms and Conditions shall not relieve you from any liability accruing hereunder prior to the time that such termination becomes effective.
Miscellaneous
These Terms and Conditions and all documents and policies referenced herein, constitute the entire agreement and understanding between York Drive and you pertaining to the subject matter hereof and shall supersede and replace all prior agreements, understandings and representations, written or oral, regarding such subject matter. Failure by York Drive to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. If any of the provisions contained in these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein. Where any provision of these Terms and Conditions conflicts with an applicable tariff, the tariff shall supersede these Terms and Conditions only in respect of the conflicting provision. These Terms and Conditions shall be governed by and construed in accordance with the laws of the state of New Jersey and the federal laws of the United States of America applicable therein. York Drive may assign its rights and obligations under these Terms and Conditions to any affiliated entity without your prior written consent. You may not assign or transfer these Terms and Conditions. In no event shall York Drive be liable for any failure to comply with these Terms and Conditions if such failure results from any condition or event beyond the reasonable control of York Drive, including, but not limited to, fire, flood, earthquake, any elements of nature or acts of God, theft, riot, strike or other labor disturbance, power failure or war.