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DART Terms of Use

Welcome to DART, Inc. DART (DART) and www.dartdefense.org. DART maintains this site to provide information about DART and its training programs. These Terms of Use govern your use of this site, so please read them carefully. If you do not agree to these Terms of Use, do not use this site. Use of this site constitutes an agreement to be bound by the Terms of Use.

1. Modifications or Amendments. DART may modify these Terms of Use from time to time, as posted on this site. Changes are effective when posted, and DART is not required to provide notification of any changes. It is your responsibility to review these Terms of Use whenever you access this site to be aware of any modifications. Your continued use of the site indicates your agreement to any such changes.

2. Copyright of Site Content / Trademarks. Unless otherwise indicated, all site content, including text, photographs, graphics, logos, and layouts, is the property of DART and is protected by United States and international copyright and trademark laws, as well as common law protections. No portion of this site may be reproduced, copied, sold, visited, or otherwise used without the express written consent of DART. “DART,” “WorkSmart,” “DateSmart, and “Defense Awareness Response Training” are trademarks of DART. DART’s curriculum and training materials are owned by Tiger Holdings, LLC, and licensed to DART. You agree that all of DART’s intellectual property (including that licensed to it by Tiger Holdings) has great value and goodwill and that if you use DART’s intellectual property without DART’s written consent or in a way not approved in writing by DART, the injury to DART would be irreparable and, therefore, injunctive relief to protect DART’s interests would be appropriate, in addition to damages or any other relief permitted by law, and that DART may seek such injunctive relief without posting bond.

3. Use of DART Materials. If DART provides you with written permission to reproduce any portion of this site, or if you purchase any training or materials from DART, or if you use any training or materials that DART offers at no cost, you agree that all such materials remain the sole property of DART or Tiger Holdings, as the case may be, that you will not resell the materials, that you will not offer any training using DART’s materials (except as permitted by DART in writing), that you will not alter DART’s materials in any way, that you will give credit to DART for the materials, and that you will not remove any copyright or trademark notices.

4. Not Responsible for Links. Our website may contain links to other websites. We have no control over, or responsibility for, the content, quality, functioning, operation, policies, or availability of any third party websites to which you may link from our Website. We assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Any information collected by a third party website, either through their use of cookies or provided by you to them during your use of their site is governed by their Privacy and Terms of Use Policies; please thoroughly read those Policies before performing any transactions or providing them with personal data.

5. No Warranties Regarding this Site. DART provides and maintains this site on an AS AVAILABLE basis. We make no representations or warranties of any kind, express or implied, as to the operation or availability of this site.

6. Disclaimer of Warranties. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, DART DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, PERTAINING TO YOUR USE OF THIS SITE AND TO YOUR USE OF ANY DART MATERIALS OR TRAINING, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DART DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU UNDERSTAND THAT NO TRAINING CAN COMPLETELY ELIMINATE THE RISKS OF VIOLENCE OR GUARANTY YOUR SAFETY IN A GIVEN SITUATION.

7. Release of DART. IN CONSIDERATION OF DART’S WILLINGNESS TO PROVIDE THIS SITE AND DART’S WILLINGNESS TO OFFER ITS TRAINING AND MATERIALS, YOU RELEASE DART (AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND AFFILIATES) FROM ANY LIABILITY FOR ANY DAMAGES OF ANY KIND YOU CLAIM TO HAVE SUFFERED AS A RESULT OF YOUR USE OF THIS SITE OR YOUR USE OF DART’S MATERIALS OR TRAINING, REGARDLESS OF THE LEGAL THEORY EMPLOYED, INCLUDING NEGLIGENCE. YOU UNDERSTAND THAT WITHOUT THE BENEFIT OF THIS RELEASE, DART WOULD BE UNABLE TO OFFER ITS TRAINING AT CURRENT PRICES AND WOULD BE UNABLE TO MAKE ITS DATESMART CURRICULUM AVAILABLE IN SOME CASES AT NO CHARGE.

8. Limitation on Damages. IF YOU USE THIS SITE OR PURCHASE OR USE ANY DART TRAINING OR MATERIALS, OR ASSERT ANY OTHER CLAIM AGAINST DART (OR ITS AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS OR AFFILIATES) ARISING OUT OF YOUR USE OF THIS SITE OR YOUR USE OF DART’S MATERIALS OR TRAINING, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DART BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES). This limitation shall apply regardless of whether the damages arise out of an alleged breach of contract, tort, negligence, or any other legal theory or form of action. IT IS YOUR SOLE RESPONSIBILITY TO DETERMINE WHICH TRAINING PROGRAMS OR MATERIALS, IF ANY, MEET YOUR NEEDS, AND TO USE THEM ONLY FOR THEIR INTENDED PURPOSE AND IN ACCORDANCE WITH DART’S INSTRUCTIONS. DART’s INTENT IS TO LIMIT ITS POTENTIAL LIABILITY TO MAXIMUM EXTENT ALLOWED BY LAW.

9. Comments Become Property of DART. Any feedback and suggestions, written and oral, directed to DART or this site become the property of DART.  DART shall enjoy a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world in any media. You grant DART the right to use the name that you submit in connection with such content, if DART chooses to do so. Should you desire confidential treatment of feedback or suggestions, please write or email DART. No feedback, suggestions or commentary of any kind will be treated as confidential without a prior, written statement from DART. 

10. Duty to Defend and Indemnify. You agree to defend and indemnify DART (its affiliates, officers, directors, employees, consultants, contractors, agents, vendors, and representatives) from any and all third-party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the site or DART’s training or materials, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.

11. Dispute Resolution / Venue for Legal Action / Waiver of Jury / Attorney’s Fees. Prior to filing any legal action against DART, you must provide DART with a written notice of the basis for your claim and sufficient supporting documentation to allow DART to intelligently evaluate it. If the matter cannot be resolved within fourteen days from your notice, you agree to participate in non-binding mediation prior to filing any legal action. The mediator shall be Steve Clymer of Accord Dispute Resolution in Boulder, and each party shall pay ½ of the costs of mediation. In any legal action in any way arising out of your use of this site and/or purchase of DART’S programs, the exclusive venue shall be in the County or District Court of Boulder County, Colorado or, if federal jurisdiction is mandatory, in the U.S. District Court for the District of Colorado in Denver, and you irrevocably submit the jurisdiction of such courts.  You waive any right to assert diversity jurisdiction. You waive trial by jury in such action. In any such action, the court shall order the losing party to pay the prevailing party’s attorney’s fees, expenses, and court costs.

12. Transaction of Business.  You agree that the maintenance of this site by DART does not constitute the transaction of business in any state other than Colorado. 

13. Governing Law. Colorado law governs these Terms of Use and any issues arising out of them, your use of this site, and DART programs you purchase.

14. Waiver. Failure to insist upon strict compliance with any of these Terms of Use shall not be deemed a waiver of such Terms of Use, nor shall any waiver or relinquishment of any right or power hereunder at any one or more times be deemed a waiver or relinquishment of such right or power at any other time or times. No waiver shall be valid unless in writing and signed by an authorized officer of DART. There can be no waiver implied by DART’s conduct or inaction.  

15. Severability. If a court finds any clause or provision of these Terms of Use to be invalid in whole or in part, then the remaining clauses and provisions, or portions thereof, shall be and remain in full force and effect.  In that event, the court shall revise the invalid term for DART’s benefit to maximum extent the law allows.

16. Binding. These terms of use bind your successors, assigns, representatives, etc.

17. Entity Representatives. If you are using this site on behalf of any entity, or if you purchase or obtain DART’s trainings or materials for an entity, you represent that you are authorized to do.

18. Contracts Govern Over Terms of Use. If you enter into any written contract with DART and there is any clear conflict between that contract and these Terms of Use, the contract will govern. A contract’s silence on an issue does not create a conflict.

19. Captions. The captions of each section are for convenience only and shall have no effect in the construction of any provision of these Terms of Use.

20. Notify DART of any Problems or Difficulties with this Site. If you encounter any problems or difficulties using this site, please notify DART by email right away to m.dusenbery@dartdefense.org.