TERMS OF USE

1. ACCEPTANCE OF TERMS

Welcome to FirstPointFencing.com. FirstPointFencing.com provides its service to you, subject to the following Terms of Service (“TOS”), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: FirstPointFencing.com/terms-of-service. In addition, when using particular FirstPointFencing.com services, you and FirstPointFencing.com shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. Use of the Service constitutes agreement to this TOS.

2. DESCRIPTION OF SERVICE

FirstPointFencing.com currently provides fencing information advisory services (the “Service”). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for FirstPointFencing.com to provide the Service. You also understand and agree that the Service may include certain communications from FirstPointFencing.com, such as service announcements or administrative messages and that these communications are considered part of FirstPointFencing.com membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, shall be subject to the TOS. You understand and agree that the Service is provided “AS-IS” and that FirstPointFencing.com assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user information or communications.

3. YOUR REGISTRATION OBLIGATIONS

In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or FirstPointFencing.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, FirstPointFencing.com has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). FirstPointFencing.com is concerned about the safety and privacy of all its users, particularly children. For this reason, parents of children under the age of 13 who wish to allow their children access to the Service should remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and/or Content (as defined in Section 6 below) are appropriate for your child.

4. FENCINGCAMPS.COM PRIVACY POLICY

Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy: Privacy Policy

5. MEMBER ACCOUNT, PASSWORD AND SECURITY

You will create a username and password as part of the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree (a) to immediately notify FirstPointFencing.com of any unauthorized use of your password or account or any other breach of security, (b) to ensure that you exit from your account at the end of each session, and (c) NOT to share your account or password with any other person or entity. FirstPointFencing.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.

6. MEMBER CONDUCT

You understand that all information, data, text, software, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not FirstPointFencing.com, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. FirstPointFencing.com does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. While FirstPointFencing.com will endeavor to eliminate any offensive Content contributed by users, you understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will FirstPointFencing.com be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

You agree to not use the Service to:

  • upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

  • harm minors in any way;

  • impersonate any person or entity, including, but not limited to, a FirstPointFencing.com personnel or Club or organization users, or to falsely state or otherwise misrepresent your affiliation with a person or entity;

  • manipulate records, data, or information on the site regarding other users or persons without authorization from that user or person, or from the site management

  • knowingly post, email, transmit or otherwise make available false or misleading information

  • upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

  • upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;

  • upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation except as directly related to the promotion and conduct of a FirstPointFencing.com fencing related event;

  • upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

  • interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

  • intentionally or unintentionally violate any applicable local, state, national or international law;

  • “stalk” or otherwise harass another; or

  • collect or store personal data about other users, except as necessary to conduct a fencing event using the Service.

You acknowledge that FirstPointFencing.com does not pre-screen Content and information proffered by it’s subcontractors, and is not liable for in any way the following of the advice as being the responsibility of FirstPointFencing.com and its owners, and that FirstPointFencing.com and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service for any reason. Without limiting the foregoing, FirstPointFencing.com and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by FirstPointFencing.com or submitted to FirstPointFencing.com including without limitation information in FirstPointFencing.com event lists, event information, and in all other parts of the Service.

You acknowledge and agree that FirstPointFencing.com may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of FirstPointFencing.com, its users and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

7. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE

FirstPointFencing.com does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant FirstPointFencing.com the following world-wide, royalty free and non-exclusive license(s), as applicable:

  • With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible* areas of the Service, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or FirstPointFencing.com removes such Content from the Service.

  • With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible* areas of the Service, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

* “Publicly accessible” areas of the Service are those areas of the FirstPointFencing.com network of properties that are intended by FirstPointFencing.com to be available to the general public. By way of example, publicly accessible areas of the Service would include areas that are open to both members and visitors.

8. NETWORK ADVISORY SESSION PARTICIPANT REGISTRATION/PREREGISTRATION FEES

As part of the Service, FirstPointFencing.com may act as a facilitator to help accept payments from those desiring to participate in advisory sessions, virtual lessons, or any other service offered by providers on the firstpointfencing.com platform (“participants”) and make such payments to said providers. As such, FirstPointFencing.com will act as your agent based upon your direction and your requests. FirstPointFencing.com will at all times hold your funds separate from its corporate funds, will not use your funds for its operating expenses or any other corporate purposes and will not voluntarily make funds available to its creditors in the event of bankruptcy or for any other person. You acknowledge that (i) FirstPointFencing.com is not a bank and is a payment processing service rather than a banking service, and (ii)FirstPointFencing.com is not acting as a trustee, fiduciary or escrow with respect to your funds, but is acting only as an agent and custodian. You agree that you will not receive interest or other earnings on the funds that FirstPointFencing.com handles as your agent. As a payment service provider, FirstPointFencing.com does not have any control over the advising sessions or other services that are paid for over the Website, and cannot ensure that any participant will gain beneficially from any said session, or that an advisory session will be held. Without limitation to any other provisions in this TOS, in the event that you have a dispute with one or more advisers, subcontractors, employees or representatives of FirstPointFencing.com including without limitation, a dispute regarding refunds of moneys paid, cancellations of sessions, or injuries occurring in connection with advice given or prescribed programming, you expressly release FirstPointFencing.com (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages of every kind and nature arising out of or in any way connected with such disputes. FirstPointFencing.com makes no representations or warranties regarding the amount of time needed to complete processing of a payment, or regarding any service listed on its Website.

Exclusive Method: The secure forms on the FirstPointFencing.com website are the only method by which FirstPointFencing.com will ask for your credit card information. No agent of FirstPointFencing.com will ask you for your credit card information via email or phone, nor should you provide such information via email or phone to anyone claiming to represent FirstPointFencing.com. FirstPointFencing.com will not be liable for any losses or damages incurred as a result of credit information that you divulge via any method other than this secure form.

9. INDEMNITY

You agree to indemnify and hold FirstPointFencing.com, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

10. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service without express written permission from FirstPointFencing.com.

11. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that FirstPointFencing.com may establish general practices and limits concerning use of the Service. You agree that FirstPointFencing.com has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that FirstPointFencing.com reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that FirstPointFencing.com reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

12. MODIFICATIONS TO SERVICE

FirstPointFencing.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that FirstPointFencing.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

13. TERMINATION

You agree that FirstPointFencing.com, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if FirstPointFencing.com believes that you have violated or acted inconsistently with the letter or spirit of the TOS. FirstPointFencing.com may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that FirstPointFencing.com may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that FirstPointFencing.com shall not be liable to you or any third-party for any termination of your access to the Service.

14. LINKS

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because FirstPointFencing.com has no control over such sites and resources, you acknowledge and agree that FirstPointFencing.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that FirstPointFencing.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

15. FIRSTPOINTFENCING.COM’S PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by FirstPointFencing.com or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

16. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  • YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FIRSTPOINTFENCING.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

  • FIRSTPOINTFENCING.COM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

  • ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

  • NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FIRSTPOINTFENCING.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

17. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT FIRSTPOINTFENCING.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FIRSTPOINTFENCING.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

18. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 16 AND 17 MAY NOT APPLY TO YOU.

19. NOTICE

Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.

20. TRADEMARK INFORMATION

Fencingcamps.com, the FirstPointFencing.com logo, FirstPointFencing.com in Chinese Characters, and other FirstPointFencing.com logos and product and service names are trademarks of FencingLogic Inc Without FirstPointFencing.com’s prior permission, you agree not to display or use in any manner, the FirstPointFencing.com Marks.

21. GENERAL INFORMATION

The TOS constitute the entire agreement between you and FirstPointFencing.com and govern your use of the Service, superseding any prior agreements between you and FirstPointFencing.com. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and FirstPointFencing.com shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and FirstPointFencing.com agree to submit to the personal and exclusive jurisdiction of the courts located within Los Angeles county, California. The failure of FirstPointFencing.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TOS are for convenience only and have no legal or contractual effect.

22. VIOLATIONS