Acceptance of Terms of Service
Flobots.org and FightWithTools.org and its subsidiaries and
affiliates operate a network of websites and services (the "
FightWithTools.org Network"). These Terms of Service set forth the
terms and conditions that apply to your use of the
FightWithTools.org Network. From time to time, FightWithTools.org
may supplement these Terms of Service with additional terms
pertaining to specific content, including, but not limited to, the
uploading of photographs and videos, services, products, digital
products, courses or events ("Additional Terms"), which Additional
Terms may be placed on the FightWithTools.org Network to be viewed
in connection with the specific content, services, products,
digital products, courses or events and shall be identified as
such. You understand and agree that such Additional Terms are
hereby incorporated by reference into these Terms of Service. BY
USING THE FIGHTWITHTOOLS.ORG NETWORK, YOU AGREE TO THESE TERMS OF
SERVICE JUST AS IF YOU HAD SIGNED AN AGREEMENT WITH
FIGHTWITHTOOLS.ORG. If you do not agree to be bound by these Terms
of Service, please discontinue your use of the FightWithTools.org
Network. The FightWithTools.org Network is provided free of charge
to you. Unauthorized access, distribution, reproduction, copying,
retransmission, publication, sale, exploitation (commercial or
otherwise), or any other form of transfer of any portion of the
FightWithTools.org Network, including but not limited to all
content, services, digital products, courses, events, tools or
products is hereby expressly prohibited.
Registration Information/Privacy Policy
When you register for the FightWithTools.org Network, you will be
required to provide FightWithTools.org with the following
information: your name, e-mail address, zip code, country, birth
date, member name and password. In addition, you may choose to
provide the FightWithTools.org Network with additional information.
Any information provided by you or gathered by FightWithTools.org
or third parties during any visit to the FightWithTools.org Network
shall be subject to the terms of FightWithTools.org's Privacy
Policy, which are incorporated herein by reference. Click here if
you wish to read FightWithTools.org's Privacy Policy.
FightWithTools.org reserves the right to (i) terminate your
membership and access to any specific content, services, digital
products, products courses or events, and (ii) remove your personal
FightWithTools.org profile, if FightWithTools.org learns that you
have provided FightWithTools.org with false or misleading
registration information.
Termination FightWithTools.org reserves
the right, at its sole discretion, to immediately, without notice,
suspend or terminate (i) these Terms of Service; and/or (ii) your
registration(s) with or ability to access the FightWithTools.org
Network and/or any other service, tool, specific content, digital
products, products, courses or events provided to you by
FightWithTools.org, including any personal web site, upon any
breach by you of these Terms of Service or otherwise.
Modifications of these Terms of Service
FightWithTools.org may modify these Terms of Service from time to
time in its sole discretion. Each time you use the
FightWithTools.org Network, you will be deemed to have accepted any
such changes. FightWithTools.org shall have no obligation to notify
you of any such changes other then posting such modifications on
the FightWithTools.org Network, but FightWithTools.org reserves the
right (at FightWithTools.org's discretion) to provide you notice of
such changes to any e-mail address you have provided to
FightWithTools.org.
Modifications of the FightWithTools.org
Network FightWithTools.org may modify or discontinue the
FightWithTools.org Network, any portion thereof, or any services,
tools, digital products, products, events or courses related
thereto with or without notice to you and without liability to you
or any third party, except as otherwise provided herein.
Use of the FightWithTools.org Network
A.Content of Messages. You alone are responsible for the content of
your messages or any materials you transmit to others, and any
consequences of such messages. Please carefully consider the
information you choose to post on the FightWithTools.org Network,
including, but not limited to, any message board or blog or any
comment, profile or email. Do not continue any conversation online
that makes you feel uncomfortable. You should not include your
telephone number, street address or last name on any area of the
FightWithTools.org Network that is accessible to the general public
nor provide such personally identifying information to people you
do not know. FightWithTools.org assumes no responsibility or
liability for any inaccurate, inappropriate, offensive or sexually
explicit material or information, products or services you may be
provided by other users of the FightWithTools.org Network.
FightWithTools.org further assumes no responsibility for the
deletion of or failure to store e-mail messages. You further agree
that you will not use the FightWithTools.org Network to send emails
or instant messages or post on message boards, blogs, profiles,
comments or any place on the FightWithTools.org Network, any
message or material of any kind or nature that is unlawful,
harassing, libelous, defamatory, abusive, threatening, harmful,
vulgar, obscene, profane, (unless within the scope of the topic
area of a message board as determined by FightWithTools.org in its
sole discretion), racially offensive, inaccurate, or otherwise
objectionable material or that encourages conduct that could
constitute a criminal offense, give rise to civil liability or
otherwise violate any applicable local, state, national or
international law or regulation, or encourage the use of controlled
substances. FightWithTools.org reserves the right to delete any
such material from the FightWithTools.org Network.
FightWithTools.org will cooperate fully with any law enforcement
officials and/or agencies in the investigation of any person or
persons who violate the Terms of Service contained in this Section.
You agree not to impersonate any other person or entity, whether
actual or fictitious, including impersonating an employee or
consultant of FightWithTools.org. You further agree not to use an
inappropriate member name of any kind. You agree not to post or use
the FightWithTools.org Network to distribute or send any illegal
material of any kind, including but not limited to, illegal
material in the form of text, graphics, video, programs or audio.
Posting content or participating in any form of discussion with the
intention to commit any illegal activity is strictly prohibited.
You acknowledge that (i) content on the FightWithTools.org Network
is protected by copyrights, trademarks and other intellectual and
proprietary rights ("Rights"); (ii) these Rights are valid and
protected in all media and technologies existing now or later
developed; and (iii) except as explicitly provided otherwise, the
Terms of Service and applicable copyright, trademark and other laws
govern your use of such content. You may not post to the
FightWithTools.org Network, copy, reproduce, retransmit,
distribute, publish, commercially exploit or otherwise transfer any
material that infringes any Rights. You acknowledge that
FightWithTools.org may acquire Rights to use any posted materials
as described below, and that you will not acquire any of those
Rights by downloading such materials. By submitting content, which
shall include your member name, to any "public area" of the
FightWithTools.org Network, including message boards, blogs,
forums, contests, personal websites, public profiles, comments or
chat rooms, you grant FightWithTools.org a royalty-free, perpetual,
irrevocable, non-exclusive right (including any moral rights) and
license to use, license, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, derive revenue
or other remuneration from, communicate to the public, perform and
display the content (in whole or in part) worldwide and/or to
incorporate it in other works in any form, media, or technology now
known or later developed, for the full term of any Rights that may
exist in such content. You also warrant that, to the extent that
you are not the exclusive holder of all Rights in content you
submit, the holder of any Rights, including moral rights in such
content, has completely and effectively waived all such rights and
validly and irrevocably granted to you the right to grant the
license stated above. You also permit any user to access, display,
view, store and reproduce such content that you have made public
for personal use. Subject to the foregoing, the owner of such
content placed on the FightWithTools.org Network retains any and
all Rights that may exist in such content. FightWithTools.org is
not obligated to review content posted by users prior to the
content's posting to any area of the FightWithTools.org Network,
including any private profile. Content posted by any user to the
FightWithTools.org Network does not reflect the opinions or views
of FightWithTools.org, its parent, subsidiaries or affiliates.
FightWithTools.org makes no warranty, whether express or implied,
as to the accuracy of any content or material that you send to
other FightWithTools.org members through any FightWithTools.org
service. ANYTHING CONTAINED HEREIN TO THE CONTRARY NOTWITHSTANDING,
BY SUBMITTING CONTENT TO ANY MESSAGE BOARDS, BLOG, CHATS, EXPERT
AREAS, QUESTION AND ANSWER FORUMS, SWEEPSTAKES, CONTESTS OR ANY
OTHER AREA ON THE FIGHTWITHTOOLS.ORG NETWORK, YOU HEREBY EXPRESSLY
PERMIT FIGHTWITHTOOLS.ORG TO IDENTIFY YOU AS THE CONTRIBUTOR OF
SUCH CONTENT IN ANY PUBLICATION IN ANY FORM, MEDIA OR TECHNOLOGY
NOW KNOWN OR LATER DEVELOPED IN CONNECTION WITH THE CONTENT, UNLESS
YOU OTHERWISE NOTIFY FIGHTWITHTOOLS.ORG'S LEGAL DEPARTMENT IN
WRITING AT THE TIME YOU SUBMIT THE CONTENT THAT YOU DO NOT WISH TO
BE IDENTIFIED. B. Non Commercial Use The FightWithTools.org
Network, its products, services, digital products, events, courses,
social networking tools (as more fully described below) and any
other element of the FightWithTools.org Network are only for the
personal use of visitors and members and may not be used in
connection with any commercial endeavors except those that are
specifically endorsed or pre-approved by FightWithTools.org in
writing. Illegal and/or unauthorized use of the FightWithTools.org
Network, or any portion thereof, including, but not limited to,
collecting user names and/or email addresses of members by
electronic or other means for the purpose of sending unsolicited
email or unauthorized framing of or linking to the
FightWithTools.org Network is prohibited. In furtherance thereof,
you agree that you will not use the FightWithTools.org Network for
chain letters, research study or survey solicitations, junk mail,
"spamming," commercial or non-commercial solicitations, including
but not limited to distribution lists to any person who has not
given specific permission to be included in such list. Any such use
shall be deemed to be a violation of these Terms of Service. C.
FightWithTools.org Social Networking The FightWithTools.org Social
Networking service allows members to create unique personal
profiles, communicate and share materials with other
FightWithTools.org members through tools, such as email, friend
invitations, groups, video and photograph uploading, blogs,
comments, calendars, lists and other tools and services that may be
included from time to time. Use of and membership to the social
networking platform is void where prohibited. You must register for
the social networking platform in order to use the services
contained therein. Your use of the social networking platform is
subject to this Terms of Service and any Additional Terms. You are
solely responsible for your interactions with other users. You may
never use another's account without permission. If you become aware
of any misuse of the FightWithTools.org Network by any person,
please contact FightWithTools.org by clicking the "Report this
user" link located throughout the FightWithTools.org Network.
Member Disputes You are solely
responsible for any interaction with other members or visitors of
the FightWithTools.org Network. FightWithTools.org reserves the
right but shall have no obligation to monitor disputes between you
and any other member of the FightWithTools.org Network.
Intrastate Nature of Communications When
you register with the FightWithTools.org Network and/or any service
therein, you acknowledge that in using the FightWithTools.org
services to send electronic communications, you will be causing
communications to be sent through FightWithTools.org's computer
networks, portions of which are located in various locations in the
United States and portions of which are located abroad. As a
result, and also as a result of FightWithTools.org's business
practices and the nature of electronic communications,
communications that seem to be intrastate in nature, may also be
the transmission of interstate communications, regardless of where
you are physically located when transmitting messages. By virtue of
agreeing to this Terms of Service and using the FightWithTools.org
communication tools, you acknowledge that the use of the services
results in interstate data transmissions. You further agree to
comply with all applicable local laws regarding the transmission of
data exported from the United States or the country in which you
reside.
Registration and Password You are
responsible for maintaining the confidentiality of your information
and passwords. You shall be responsible for all uses of your
registration and account, whether or not authorized by you. You
agree to immediately notify FightWithTools.org of any unauthorized
use of your registration or password.
Claims of Copyright Infringement The
Digital Millennium Copyright Act of 1998 (the "DMCA") provides
recourse for copyright owners who believe that material appearing
on the Internet infringes their rights under U.S. copyright law. If
you believe in good faith that materials hosted by the
FightWithTools.org Network infringe your copyright, you (or your
agent) may send FightWithTools.org a notice requesting that the
material be removed or access to it blocked. The notice must
include the following information (a) a physical or electronic
signature of a person authorized to act on behalf of the owner of
an exclusive right that is allegedly infringed; (b) identification
of the copyrighted work claimed to have been infringed (or if
multiple copyrighted works located on this website are covered by a
single notification, a representative list of such works); (c)
identification of the material that is claimed to be infringing or
the subject of infringing activity, and information reasonably
sufficient to allow FightWithTools.org to locate the material on
the FightWithTools.org Network; (d) the name, address, telephone
number and email address (if available) of the complaining party;
(e) a statement that the complaining party has a good faith belief
that use of the material in the manner complained of is not
authorized by the copyright owner, its agent or the law; and (f) a
statement that the information in the notification is accurate, and
under penalty of perjury, that the complaining party is authorized
to act on behalf of the owner of an exclusive right that is
allegedly infringed. If you believe in good faith that a notice of
copyright infringement has been wrongly filed against you, the DMCA
permits you to send FightWithTools.org a counter-notice. Notices
and counter-notices must meet the then-current statutory
requirements imposed by the DMCA; see http://www.loc.gov/copyright for
details. Notices and counter-notices with respect to this website
should be sent to: Flobots.org/FightWithTools.org Inc., 1310 ,
Corona Street, #10, Denver, CO 80218,
streetteam@fightwithtools.org. FightWithTools.org suggests that you
consult your legal advisor before filing a notice or
counter-notice. Also, be aware that there can be penalties for
false claims under the DMCA.
Disclaimer of Warranties YOU EXPRESSLY
AGREE THAT USE OF THE FIGHTWITHTOOLS.ORG NETWORK, INCLUDING BUT NOT
LIMITED TO ALL CONTENT, SERVICES, DIGITAL PRODUCTS, COURSES,
EVENTS, TOOLS AND PRODUCTS PURCHASED THROUGH THE FIGHTWITHTOOLS.ORG
NETWORK, IS AT YOUR SOLE RISK. THE FIGHTWITHTOOLS.ORG NETWORK IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FIGHTWITHTOOLS.ORG
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
FIGHTWITHTOOLS.ORG MAKES NO WARRANTY THAT THE FIGHTWITHTOOLS.ORG
NETWORK WILL MEET YOUR REQUIREMENTS, OR THAT THE FIGHTWITHTOOLS.ORG
NETWORK WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR
DOES FIGHTWITHTOOLS.ORG MAKE ANY WARRANTY AS TO THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF THE FIGHTWITHTOOLS.ORG NETWORK.
FIGHTWITHTOOLS.ORG WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL
OR INCIDENTAL DAMAGES, WHETHER FORSEEABLE OR NOT, WHICH MAY RESULT
FROM THE UNAVAILABILITY OR MALFUNCTION OF THE FIGHTWITHTOOLS.ORG
NETWORK. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
FIGHTWITHTOOLS.ORG NETWORK IS 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 SUCH
MATERIAL AND/OR DATA. YOU UNDERSTAND AND AGREE THAT
FIGHTWITHTOOLS.ORG DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS OR
USEFULNESS FOR A PARTICULAR PUROSE OF ANY INFORMATION PROVIDED IN
CONNECTION WITH THE FIGHTWITHTOOLS.ORG NETWORK. FIGHTWITHTOOLS.ORG
IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS
OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS
PROVIDED WITH THE UNDERSTANDING THAT NEITHER FIGHTWITHTOOLS.ORG NOR
ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN THE
FIGHTWITHTOOLS.ORG NETWORK, ARE ENGAGED IN RENDERING LEGAL,
MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE.
FIGHTWITHTOOLS.ORG ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL
ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE.
FIGHTWITHTOOLS.ORG SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE
CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY
THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN THE
FIGHTWITHTOOLS.ORG NETWORK, ITS DIGITAL PRODUCTS OR SERVICES. YOUR
PARTICIPATION IN THE FIGHTWITHTOOLS.ORG NETWORK IS SOLELY AT YOUR
OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM FIGHTWITHTOOLS.ORG OR THROUGH THE
FIGHTWITHTOOLS.ORG NETWORK, ITS EMPLOYEES, CONSULTANTS AND/OR
EXPERTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
FIGHTWITHTOOLS.ORG MAKES NO WARRANTY REGARDING ANY GOODS, SERVICES,
DIGITAL PRODUCTS, EVENTS, COURSES, CONTENT, TOOLS OR PRODUCTS
PURCHASED OR OBTAINED THROUGH THE FIGHTWITHTOOLS.ORG NETWORK OR ANY
TRANSACTIONS ENTERED INTO THROUGH THE FIGHTWITHTOOLS.ORG NETWORK.
FIGHTWITHTOOLS.ORG IS NOT RESPONSIBLE FOR ANY CONTENT ON THE
INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE THE
FIGHTWITHTOOLS.ORG NETWORK. AS A CONVENIENCE TO OUR MEMBERS, WE MAY
WE MAKE NO REPRESENTATIONS AS TO THE QUALITY, SUITABILITY,
FUNCTIONALITY OR LEGALITY OF ANY SITES TO WHICH FIGHTWITHTOOLS.ORG
MAY PROVIDE LINKS, AND YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE
AGAINST FIGHTWITHTOOLS.ORG WITH RESPECT TO SUCH SITES. BY
PERMITTING CLASSIFIED AND PERSONAL ADVERTISING, FIGHTWITHTOOLS.ORG
MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND AS TO THE
ACCURACY OF THE CONTENT OR SUITABILITY OF THE SUBJECT MATTER OF ANY
SUCH ADVERTISEMENT. FIGHTWITHTOOLS.ORG SPECIFICALLY DISCLAIMS
LIABILITY FOR DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING
FROM SUCH ADVERTISEMENTS. BY POSTING A PERSONAL OR CLASSIFIED
ADVERTISEMENT ON THE FIGHTWITHTOOLS.ORG NETWORK, YOU ARE PROMISING
THAT THE CONTENT OF YOUR ADVERTISEMENT IS TRUE AND THAT YOU WILL
INDEMNIFY FIGHTWITHTOOLS.ORG AGAINST ANY CLAIMS WHICH MAY ARISE
FROM YOUR ADVERTISEMENTS. BY RESPONDING TO A CLASSIFIED OR PERSONAL
ADVERTISEMENT ON THE FIGHTWITHTOOLS.ORG NETWORK, YOU WAIVE ANY
CLAIMS AGAINST FIGHTWITHTOOLS.ORG FOR DAMAGES ARISING FROM SUCH
ADVERTISEMENT OR YOUR RELIANCE UPON STATEMENTS IN SUCH
ADVERTISEMENT.
Limitation of Liability
FIGHTWITHTOOLS.ORG SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE
USE OR THE INABILITY TO USE THE FIGHTWITHTOOLS.ORG NETWORK OR FOR
THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR
RESULTING FROM ANY GOODS, SERVICES, DIGITAL PRODUCTS, EVENTS,
COURSES AND/OR CONTENT PURCHASED OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH THE FIGHTWITHTOOLS.ORG NETWORK
OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES EVEN IF
FIGHTWITHTOOLS.ORG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
Promotional Messages FightWithTools.org
and/or third parties may, from time to time, send e-mail messages
to you containing advertisements, promotions, etc.
FightWithTools.org makes no representation or warranty with respect
to the content of any such e-mail messages or any goods or services
which may be obtained from such third parties, and you agree that
neither FightWithTools.org nor such third party shall have any
liability with respect thereto.
Indemnification You agree to indemnify
and hold each of FightWithTools.org, its parents, subsidiaries,
affiliates, officers, directors and employees, harmless from any
claim or demand, including reasonable attorneys' fees, made by any
third party due to or arising out of your use of the
FightWithTools.org Network, the violation of these Terms of Service
by you, or the infringement by you, or any other subscriber or user
of your account, of any intellectual property or other right of any
person or entity.
Applicable Law These Terms of Service
shall be governed by and construed in accordance with the laws of
the State of New York, without giving effect to its conflicts of
laws provisions. By registering for or entering the
FightWithTools.org Network, you consent and submit to the exclusive
jurisdiction and venue of the state and federal courts located in
New York, New York.
Remedies for Breach of these Terms by You
In the event that FightWithTools.org determines, in its sole
discretion, that you have breached any portion of these Terms of
Service, or have otherwise demonstrated conduct inappropriate for
the FightWithTools.org Network, FightWithTools.org reserves the
right to (i) delete any or all content provided by you or your
agent(s) to The FightWithTools.org Network; (ii) discontinue your
registration(s) with the FightWithTools.org Network and/or any
other FightWithTools.org community; (iii) discontinue your
subscription to any digital product, product, course, event,
content, tool or service purchased through the FightWithTools.org
Network; (iv) notify and/or send content to and/or fully cooperate
with the proper law enforcement authorities for further action;
and/or (v) any other action which FightWithTools.org deems to be
appropriate. If your registration(s) with or ability to access the
FightWithTools.org Network, any other FightWithTools.org community
and/or any other service, product, content, course, event, tool or
digital product provided to you by FightWithTools.org is
discontinued by FightWithTools.org due to your violation of any
portion of these Terms of Service or for conduct otherwise
inappropriate for the community of the FightWithTools.org Network,
then you agree that you shall not attempt to re-register with or
access the FightWithTools.org Network, any other FightWithTools.org
community and/or any other digital product, course content or
service provided by FightWithTools.org, through use of a different
member name or otherwise, and you acknowledge that you will not be
entitled to receive a refund for fees related to those digital
products, products, courses events or content and services to which
your access has been terminated. In the event that you violate the
immediately preceding sentence, FightWithTools.org reserves the
right, in its sole discretion, to immediately take any or all of
the actions set forth in subsections (i), (ii), (iii), (iv), and
(v) of this provision without any notice or warning to you.
Miscellaneous In the event that any
provision of the Terms of Service conflicts with the law under
which the Terms of Service are to be construed or if any such
provisions are held invalid by a court with jurisdiction over the
parties to the Terms of Service, such provision will be deemed to
be restated to reflect as nearly as possible the original
intentions of the parties in accordance with applicable law, and
the remainder of these Terms of Service will remain in full force
and effect. The failure of either party to insist upon or enforce
strict performance by the other party of any provision of the Terms
of Service or to exercise any right under the Terms of Service 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. FightWithTools.org may assign its
rights and obligations under these Terms of Service and upon such
assignment FightWithTools.org may be relieved of any further
obligation hereunder. You represent to FightWithTools.org that you
have the authority to register with or visit the FightWithTools.org
Network according to these Terms of Service. FightWithTools.org
does not encourage or solicit visitors who are known to be under
the age of 18 to become a member of or visit the FightWithTools.org
Network and does not permit anyone under the age of 13 to become a
member of the FightWithTools.org Site. These Terms of Service
constitute the entire understanding between the parties as to the
subject matter hereof, and supersede all prior agreements and
understandings. Any legally unenforceable provision of these Terms
of Service will, at the election of FightWithTools.org, be deleted
or modified to correct the defect and, regardless, the remainder of
the terms of these Terms of Service will remain valid and
enforceable. FightWithTools.org reserves the right to terminate
free access to the FightWithTools.org Network including any or all
content, services, digital products, products, events, courses or
tools with or without notice to you. FightWithTools.org reserves
the right (at FightWithTools.org's discretion) to provide you with
notice of such change by prominently posting a notice on the
FightWithTools.org Network and/or sending written notice to you at
any e-mail and/or post office address you have provided to
FightWithTools.org. Once free access is terminated
FightWithTools.org may charge each subscriber any applicable fee,
surcharge and/or membership fee for access to the
FightWithTools.org Network and/or any for-pay content, services,
digital products, products, events, tools or products.