AWARENESS ANALYTICS - TERMS & CONDITIONS

Last updated:  January 1, 2023

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF OUR SERVICES CAREFULLY.

By using our Services, you agree to these Terms and Conditions ("Terms & Conditions"). We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms & Conditions at any time. You should check these Terms & Conditions periodically for changes. By using our Services after we post any changes to these Terms & Conditions, you agree to accept those changes, whether or not you have reviewed them. If you do not agree to these Terms & Conditions, you should not use our Services and, if applicable, you should arrange to cancel any ongoing Services provided by us to you.

1. Scope of Terms & Conditions

Unless we indicate otherwise, these Terms & Conditions apply to your use of our Services which are provided by Awareness Analytics, LLC (“Awareness Analytics”) and / or our affiliates (collectively, "we," "us," or "our"), including, without limitation, firearm training, education, and orientation services and any other related or complimentary service, product, content and/or materials that we may offer currently or in the future (collectively, our "Services"). For purposes of these Terms & Conditions, "affiliates" shall mean any entity or person, directly or indirectly, owning a controlling interest in, owned by, or under common ownership control, or operating under a general agreement with Awareness Analytics, including without limitation, any other subsidiaries or third-parties.

2. Terms & Conditions - In General

By using our Services, you agree to be legally bound and to abide by these Terms & Conditions, just as if you had signed this agreement. In our sole discretion and without prior notice or liability, if you do not comply with these Terms & Conditions at any time, we reserve the right, if applicable, to terminate any open contracts we have with you or immediately discontinue any ongoing Service to address your non-compliance with these Terms & Conditions. You agree that any termination, cancellation, or delay of your Services may be effected without prior notice. Further, you agree that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, our Services. From time to time, we may supplement these Terms & Conditions with additional terms and conditions, waivers, and releases pertaining to specific Services, activities, or events ("Additional Terms”, “Waiver”, “Release”). Such Additional Terms, Waivers, and Releases may be posted to our website to be viewed in connection with the specific content, activities, features or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms & Conditions.

All information contained in any estimate, description of Service, or explanation of our processes provided to you is the property of Awareness Analytics. Unless published or otherwise publicly available, the information is confidential and provided for a limited purpose and must be returned on request. No part of these documents, nor any information concerning it, may be copied, transmitted, exhibited, furnished or described, in any way, to others without the consent of an authorized employee of Awareness Analytics. Under certain state or federal laws we will grant the duplication of the some content with the limitation that we are notified in writing who the copies are being made for and / or distributed to.

Awareness Analytics reserves the right to use the client’s name and/or image to reasonably publicize, advertise, or otherwise utilize their use of our Services in our ongoing, self-marketing efforts.

3. Participation Eligibility

Eligibility to participate in any Service offered by us will be controlled by all applicable local, state, and federal laws as well as any international treaties officially adopted by the US government.  You are responsible for knowing whether or not you are eligible for participation in any Service we offer and disclosing that to us upon registration for a Service and advising us if your eligibility status changes between the time you register and the date the Service is provided to you.  Persons prohibited from participating in our Services may include anyone previously convicted of certain felony offenses and misdemeanor domestic violence as well as those currently under various court-ordered restrictions.  Additionally per the International Traffic in Arms Regulations (ITAR), only US citizens and legal residents with a current ‘Green Card’ may participate in any Service that specifically entails or includes firearm training.

4. Service and Pricing Information 

Every effort has been made to be as accurate as possible with the information presented regarding our services and pricing.  Furthermore, we make reasonable efforts to accurately display the attributes and descriptions of the Services we offer.  However, we do not warrant that Service descriptions or other content is accurate, complete, or free of errors.  Prices and promotions are subject to change and may vary by time, place, and situation.  Therefore, we cannot confirm the availability or price of a Service until you have placed your order for it.  It is possible that a Service shown on our website may not be available; that a special offer, discount, or coupon may not be available or may have been misstated; or that a Service may be mis-priced.  For any of these reasons, we may cancel your order for our Services or we may contact you for further instructions on the order.

5. Payment & Refunds

All payments for Services shall be made in US dollars.

Payment terms will be specified in the respective Service purchase portal provided by us to you. In the event that payment terms are not specified, the following conditions apply: A ten percent (10%) non-refundable down payment is required to secure a seat in any training course. The remaining amount will be due and charged to your payment method fifteen (15) days prior to the course start date.  If registration occurs within fifteen (15) days of the course start date, the full amount for the course will be charged.

If you cancel your registration prior to the course start date, these conditions will apply: if cancelled before the fifteen (15) day charge for final payment, no refund will be made and your ten percent (10%) deposit will be forfeited; if cancelled after the fifteen (15) day charge for final payment but seven (7) days before the class start date, the full amount of the remaining course fee charged will be refunded; and if cancelled less than seven (7) days before the class start date, the full amount of the course fee will be converted into a non-refundable credit which can be redeemed for another class offered by us at a future date.

If the course is cancelled by us, all participants will have the options of either (1) receiving a full refund of the course cost or (2) receiving a credit for the full cost of the class and scheduling participation in another class at a future date. 

If payment is overdue and / or you are in breach of your obligations as detailed in this document, we reserve the right to stop Services or withhold delivery of any finished product or provided materials until payment is made. In applying this right, you agree that we will not be liable for any loss you and/or your affiliates may suffer.

6. Disclaimers of Warranties

PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: ANY PRODUCTS, SERVICES, CONTENT AND/OR MATERIALS OFFERED BY AWARENESS ANALYTICS ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT. NEITHER AWARENESS ANALYTICS, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT THAT ANY PRODUCTS, SERVICES, CONTENT AND/OR MATERIALS OFFERED BY US BE ERROR FREE, THAT ERRORS WILL BE CORRECTED, OR THAT THE PRODUCTS, SERVICES, CONTENT AND/OR MATERIALS PROVIDED BY US WILL MEET PERFORMANCE EXPECTATIONS. ANY PRODUCTS, SERVICES, CONTENT AND/OR MATERIALS OFFERED BY AWARENESS ANALYTICS OR OTHERWISE OBTAINED THROUGH US IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES INCURRED AS A RESULT OF YOUR DECISION TO USE OUR SERVICES. NEITHER AWARENESS ANALYTICS, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE OR PRODUCT PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS & CONDITIONS.

7. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR PERSONAL INJURY OR DEATH, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE OUR SERVICES;  (B) ANY SERVICES PERFORMED OR PROVIDED AT THE REQUEST OF YOU; (C) STATEMENTS OR CONDUCT OF ANY THIRD PARTY; OR (D) ANY OTHER MATTER RELATING TO OUR SERVICES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID TO US BY YOU, IF ANY, FOR USE OF OUR SERVICES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR SERVICES, OR WITH ANY OF THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF OUR SERVICES. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

8. Indemnification

You agree to indemnify, hold harmless and, at our option defend Awareness Analytics and our affiliates, and our and their officers, directors, employees, stockholders, agents and representatives from any and all direct or third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorneys fees and expenses) arising from your use of our services, products, or offerings, your violation of these Terms & Conditions, or your infringement, or the infringement of your affiliates, and their officers, directors, employees, stockholders, agents and representatives, of any intellectual property or other right of any person or entity.

9. Governing Law and Choice of Forum

These Terms & Conditions shall be governed by and construed in accordance with the laws of the State of Colorado, without giving effect to any principles of conflicts of law. You agree that any conflict arising out of your use of our Services shall first be negotiated in good faith and if those negotiations fail to effect a resolution, then a good faith effort shall be made to resolve the conflict using mediation, and if mediation fails, then any action at law or in equity arising out of or relating to your use of our Services or these Terms & Conditions shall be filed only in the state or federal courts located in Larimer County in the State of Colorado and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

10. Miscellaneous Terms

In any action against us arising from the use of our Services, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. These Terms & Conditions are the entire agreement between you and us relating to the subject matter herein. These Terms & Conditions may be modified only by our posting of changes to these Terms & Conditions on our website, or by written agreement of both parties. Each time you use our Services, you will be deemed to have accepted any such changes. We may assign our rights and obligations under these Terms & Conditions. These Terms & Conditions will inure to the benefit of our successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms & Conditions, or to exercise any right under the Terms & Conditions, will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.