TERMS AND CONDITIONS FOR THE ONLINE SALE OF GOODS AND SERVICES
THESE TERMS AND CONDITIONS CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ THEM CAREFULLY. IF YOU HAVE ANY COMMENTS, QUESTIONS, SUGGESTIONS, CONCERNS, OR FEEDBACK ABOUT OUR TERSM AND CONDITIONS, POLICIES, OR OUR PRACTICES WITH REGARDS TO YOUR USE OF THIS WEBSITE OR PERSONAL INFORMATION, PLEASE CONTACT US AT INFO@TACTICALWEBINARS.COM.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, INCLUDING A TICKET TO PARTICIPATE IN A WEBINAR, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE, (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH TACTICAL WEBINARS LLC, A TEXAS LIMITED LIABILITY COMPANY, OR (iii) AT LEAST THE MINIMUM LEGAL AGE TO POSSESS FIREARMS IN YOUR STATE OF RESIDENCE, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
These terms and conditions (these “Terms”) apply to the purchase and sale of products and services through Tactical Webinar LLC’s website, located at https://www.tacticalwebinars.com (the “Site”), including webinar services and all drawings associated therewith, whether viewed on our website, on a mobile device, on a PC, or on any other platforms, such as Facebook, Instagram, or Twitter. These Terms also apply to all of our advertising and related activities on all of the foregoing platforms as described below, as well as any other services that we may provide to you from time to time. These Terms are subject to change by Tactical Webinars LLC, a Texas limited liability company (referred to as “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the “Last Updated Date” referenced on the Site. You should review these Terms prior to purchasing any product or services that are available through this Site. Your continued use of this Site after the “Last Updated Date” will constitute your acceptance of and agreement to such changes. By accessing, downloading, or attending our webinars, interacting with our website, participating in drawings, or otherwise using our website, products, or services, you agree to these Terms. If you have any concerns about providing information to us, or it being used as described in these Terms and Conditions you should not use our website, webinars, or other products or services.
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Gift Cards
Treat the gift card as cash; the digital gift card may be applied toward any “Active Webinar” seat purchases made at TacticalWebinars.com; promotional webinars are not included. The gift card will not cover costs exceeding the remaining credit balance of the gift card. This gift card cannot be exchanged for cash. Gift Card credits / funds cannot be transferred to other users / customers. Valid for one (1) years from the date of each gift card webinar giveaway win. You can check your gift cards status and balance in your dashboard – gift card area. Your use of this gift card constitutes acceptance of these terms: This gift card program is the property of Tactical Webinars. Tactical Webinars reserves the right to change terms
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These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for products or services through this Site (see Section 10).
- Webinar and Related Products and Services. Part of our website includes potential participation in drawings for various products or services endorsed, promoted, sponsored, exhibited, or reviewed on our website (the “Promotion”). The Promotion Rules at the end of these Terms detail the terms and conditions specifically related, directly or indirectly, to our webinar services and all related drawings conducted by Tactical Webinars LLC. If the rules for a Promotion conflict with these Terms, the Promotion rules set forth below will control.
2. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
3. Prices and Payment Terms.
(a) All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
(b) We may offer, from time to time, promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
(c) Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept Visa, Mastercard, American Express, Discover, and PayPal for all purchases, although we reserve the right to modify the methods of payment accepted from time to time. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.
4. Shipments; Delivery; Title and Risk of Loss. Webinar tickets will be delivered to you via email and it is your responsibility to keep webinar tickets and information until the occurrence of the webinar. Title and risk of loss pass to you upon our transfer of the products by email, or in the event any products are sent by mail upon our transfer of the products to the carrier/delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
5. Returns and Refunds; Order Cancellation. We do not accept returns of the products for a refund of your purchase price. All sales are final. Notwithstanding the foregoing, we reserve the right to refuse or cancel your order at any time for any reason or no reason including but not limited to goods availability, errors in the description or prices for goods, or errors in your order. We reserve the right to refuse or cancel your order if fraud or unauthorized or illegal transaction is suspected.
6. User Accounts. When you create an account with us, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account through our Site. You are responsible for safeguarding the password that you use to access the Site and or any activities or actions under your username and password, whether your password is with our Site or a third-party social media service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject too any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene. We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Site will cease immediately. If you wish to terminate your account, you may simply discontinue using the Site.
7. Manufacturer’s Warranty and Disclaimers. We do not manufacture or control any of the products featured on our Site or featured in our webinars. The availability of products or services through our Site does not indicate an affiliation with or endorsement of any product, service or manufacturer. Accordingly, we do not provide any warranties with respect to the products or services offered on our Site. However, the products and services offered on our Site are covered by the manufacturer’s warranty. To obtain warranty service for defective products, please follow the instructions included in the manufacturer’s warranty.
ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
We are constantly updating our offerings on the Site. The products and services available on our Sit may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information regarding our products and services. We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
8. Limitation of Liability. WE HAVE BEEN GIVEN ASSURANCES OF PRODUCT SALABILITY, MERCHANTIBILITY, AND COMPLIANCE FROM THE MANUFACTURERS. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.
The limitation of liability set forth above shall: (i) only apply to the extent permitted by law and (ii) not apply to (A) liability resulting from our gross negligence or willful misconduct and (B) death or bodily injury resulting from our acts or omissions.
9. Goods Not for Resale or Export. You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US.
10. Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy, https://www.tacticalwebinars.com/privacy-policy/, governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.
11. Copyright Policy. We respect the intellectual property rights of others. It is our policy to respond to any claim that any content posted on the Site infringes a copyright or other intellectual property infringement of any person. If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Site, you must submit your notice in writing to the attention of our copyright agent via email at info@tacticalwebinars.com and include in Your notice a detailed description of the alleged infringement. You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any content is infringing your copyright.
12. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
13. Links to Other Websites. Our Site may contain links to third-party websites or services that are not owner or controlled by Tactical Webinars LLC. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that we 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 the use of or reliance on any such content, goods, or services available on or through any such websites or services. We strongly advise that you read the terms and conditions, and privacy policies, of any third-party websites or services that you visit.
14. Governing Law and Jurisdiction. This Site is operated from the United States. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Texas. By using the Site, you represent and warrant that you are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and you are not listed on any United States government list of prohibited or restricted parties.
15. Dispute Resolution and Binding Arbitration.
(a) YOU AND TACTICAL WEBINARS LLC ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
(b) The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 15. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
(c) You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR TACTICAL WEBINARS LLC WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
16. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 16 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
17. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Tactical Webinars LLC.
18. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
19. Notices.
(a) To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
(b) To Us. To give us notice under these Terms, you must contact us as follows: by personal delivery, overnight courier, or registered or certified mail to Tactical Webinars LLC, PO Box 925534 Houston, TX 77292-5534. We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by registered or certified mail will be effective three business days after they are sent.
20. Severability. If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
21. Entire Agreement. Our order confirmation, these Terms, our Website Terms of Use, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.
TACTICAL WEBINARS LLC PROMOTION RULES AND LEGAL DISCLAIMER
By entering into the Tactical Webinars LLC Webinars (the “Promotion”), participant (“Participant”) agrees to abide by these Official Promotion Rules and Legal Disclaimer and the decisions of Tactical Webinars LLC (“Promoter”), such decisions which are final and binding in all respects.
1. Eligibility. The Promotion is open solely to legal residents of the fifty (50) United States and the District of Columbia who are 18 years of age or older at the time of entry. Employees, officers, directors, or agents of Promoter or any of Promoter’s partners, related companies, agencies, or agents, as well as the immediate family (defined as spouse, parents, siblings, children, and grandparents) and same household members of any such employee, officer, director, or agent, are not eligible to participate. All applicable federal, state, and local laws and regulations apply. Void where prohibited or restricted by law.
2. Entry.
(a) Automatic Entry. An individual who watches a webinar will be awarded an automatic entry per view. Automatic entry does not increase your chances of winning. Beginning at the time a webinar is posted and through the time the final seat for the webinar is taken, you must select the webinar and follow the on-screen entry instructions and fill in all required information. Promoter will not consider incorrect, fraudulent, incomplete, late, or otherwise non-conforming entries or entries that are intended to annoy, abuse, threaten, or harass any person or entity in any way. Multiple entries per person per webinar are allowed. Entries generated by macro, script, or other automated means are void. Entries generated by robotic, macro, script, or other automated means are void. Any entrant using fraudulent means to participate in the Promotion will be disqualified and may be guilty of violating applicable criminal laws.
(b) Promotional Entry. Promoter may issue promotional entry(ies) by any method it may deem appropriate including but not limited to direct mail, email, or mobile device.
(c) Mail Entry. You may enter a Promotion in a given webinar by sending a self-addressed, stamped, #10 envelop to Tactical Webinars LLC, PO Box 925534 Houston, TX 77292-5534 along with the following information, handwritten in blue ink, on a 3 inch by 5 inch card: your name, your address, your email address, your telephone number, and the webinar name, where the webinar name is the exact name of the webinar as it appears on our Site. Promoter must receive the request for a winner’s list prior to the close of the Promotion. Failure to strictly comply with these entry requirements will render an attempt at entry void. Promoter is not responsible for lost, late, incomplete, invalid, unintelligible, illegible, misdirected, or postage due mail in entries.
Promoter will not consider incorrect, fraudulent, incomplete, late, or otherwise non-conforming entries or entries that are intended to annoy, abuse, threaten, or harass any person or entity in any way. Multiple entries per person per webinar are allowed. Entries generated by macro, script, multiple entries by an individual using more than one email or other address, or other automated means are void. Entries generated by robotic, macro, script, or other automated means are void. Any entrant using fraudulent means to participate in the Promotion will be disqualified and may be guilty of violating applicable criminal laws. Any voided entry may disqualify, at Sponsor’s sole discretion, an individual form participation in a sweepstakes.
3. Promoter. The Promoter is no more than a sponsor of the products and services in any Promotion. Promoter does not claim, assert, or otherwise hold out any warranties, guarantees, or otherwise with respect to any product or service in any Promotion beyond those specific statements in any webinar related to said product or service.
4. Random Drawing; Prizes. A random drawing will be conducted by Promoter at any point within five business days of the filling of the final seat for the webinar to select a winner (the “Winner”) from among all eligible entries received. Odds of winning depend on the number of entries received and number of seats available for the webinar. The potential Winner will be notified by email or mail and must sign and must claim their prize within ten business days of the date notice is given. To claim a Prize (as defined below), a Winner must submit their claim on the Website as instructed by the Promoter, which may include completing an Affidavit of Eligibility and Release and providing certain tax information, such as name, address, and tax identification or social security number. Any person winning any product or service valued at over six hundred dollars ($600.00) in winnings may receive an IRS form 1099 for the applicable calendar year and a copy of such form will be filed with the IRS by Company. Failure to claim the Prize within the applicable period will result in forfeiture of the Prize, which is the article being reviewed in the Webinar whose value is listed in the Webinar description on the Website, unless otherwise described in the Webinar Description (the “Prize”), and Promoter shall have the option to award the Prize to an alternate Winner. The return of the notification of Prize as undeliverable may also result in disqualification. Promoter is not responsible for digital communications that are undeliverable as a result of any filtering of any kind, insufficient space in a Participant’s account, or any other failure beyond its reasonable control. In the event of a dispute with respect to entries received from more than one user having the same e-mail address/account, the authorized subscriber of the account in question at the time of entry will be deemed the proper entrant. A potential Winner will also forfeit his or her Prize if he or she is disqualified as not eligible to have participated in the Promotion in the first instance. The Winner must provide information requested by Promoter and complete any forms required by Promoter to claim his or her Prize. All federal, state, and local income taxes resulting from acceptance of the Prize are the responsibility of Winner. Promoter reserves the right to substitute an alternate Prize of comparable or equal value in its sole discretion. Acceptance of the Prize also constitutes permission to Promoter to use the Winner’s name, likeness, and biographical information for marketing purposes (including posting the information on the Site) without further compensation or right of approval, unless prohibited by law. A potential Winner is not deemed an actual Winner of any Prize until the acceptance and verification process is complete. Subject to applicable law, the Prize is offered “as is” without any express or implied warranty of any kind or nature, including without limitation, any warranty respecting condition, merchantability, quality, title, or fitness for a particular purpose. Promoter is not responsible for replacing the Prize if damaged unless such damage is caused by Promoter. Winner must look to the Prize’s manufacturer for potential guarantees or warranties of any kind. In the event a potential Winner is disqualified, or the Prize is forfeited, there will be no further drawings and the Prize will not be awarded.
5. Publicity. Subject to applicable law, entrance in the Sweepstakes constitutes Participant’s consent to Promoter and Promoter’s affiliates and agents to use his or her name, voice, likeness, opinions, and biographical information for marketing, advertising, and publicity purposes in any media throughout the world at any time without the obligation to seek consent or to provide Participant with any payment or other form of consideration. Participant agrees to execute any document reasonably required by Promoter to effectuate the terms hereof and failure to do so shall give rise to Promoter’s right to execute any and all such documents as Participant’s attorney-in-fact, which right shall be coupled with an interest and therefore, irrevocable.
6. Release. Subject to applicable law, by entering into a Promotion and potentially receiving a Prize, each participant agrees to release, discharge, and hold harmless Promoter, along with Promoter’s employees, officers, directors, affiliates, partners, agents and assigns, from and against any claim, cause of action, demand, or proceeding (each, a “Claim”), and any resultant loss, injury (including death), cost, expense, fee, fine, penalty, or other loss or expense of any kind, including attorneys’ fees (each, a “Loss”), relating to or arising directly or indirectly out of his or her participation in a Promotion (or related activity such as a press release), Participant’s use of the Prize, and/or Promoter’s right to exploit participant’s name and/or likeness or fully exploit any other right granted to it hereunder, and/or from participant’s receipt, use, or misuse of any Prize, no matter how such Claim or Loss arises (including without limitation, if arising out of any damage to a Participant’s computer system from downloading or using material from Promoter’s, or an affiliate of Promoter’s, website).
7. Limitation of Liability. IN NO EVENT WILL PROMOTER, AND/OR PROMOTER’S PARENT, SUBSIDIARY, LICENSEES, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, ASSIGNS, AFFILIATES, OR RELATED COMPANIES (COLLECTIVELY WITH PROMOTER, THE “PROMOTER PARTIES”), BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS) ARISING OUT OF ANY PARTICIPANT’S PARTICIPATION IN THE PROMOTION, THESE OFFICIAL RULES, AND/OR ANY PARTICIPANT’S RECEIPT, USE, OR MISUSE OF A PRIZE, NO MATTER UNDER WHAT THEORY ARISING, EVEN IF ANY PROMOTER PARTY HAS BEEN ADVISED OF THE POSSIBLY OF SUCH DAMAGES. PROMOTER PARTIES’ ENTIRE LIABILITY WITH RESPECT TO: ANY PARTICIPANT’S PARTICIPATION IN THE PROMOTION, THESE OFFICIAL RULES, AND/OR ANY PARTICIPANT’S RECEIPT OF A PRIZE SHALL BE LIMITED TO $500. SOME JURISDICTIONS MAY NOT ALLOW THE AFOREMENTIONED LIMITATIONS OR EXCLUSIONS OF LIABILITY AND AS SUCH, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
8. Collected Information. Promoter will be collecting, storing, and using personal data about participants to administer the Promotions and exercise its rights hereunder, including without limitation, those relating to marketing and publicity. By entering into the Promotion, participants agree to Promoter’s collection and use of their personal information. Promoter will not disclose any of participant’s personal information to any non-affiliated third party. For more information on Promoter’s handling of personal information, see Promoter’s Privacy Policy, a copy of which can be found at https://www.tacticalwebinars.com/privacy-policy/.
9. Miscellaneous.
(a) Promoter may suspend or cancel any Promotion at any time due to fraud or technical failure, or in any other cases where the security, fairness, integrity, or proper functioning of the Promotion, as Promoter may determine in its sole discretion.
(b) Promoter’s failure to enforce any of these rules will not constitute a waiver of that rule.
(c) The participant and Promoter hereto acknowledge and agree to follow the dispute resolution processes provided in the Terms of the Site.
(d) For a list of all Winners, send a self-addressed, stamped envelope to Tactical Webinars LLC, 2499 Judiway St. Ste 5534, Houston, TX 77018 along with the following, handwritten in blue ink, on a 3 inch by 5 inch card: winner list request, and the webinar name sweepstakes, where webinar name is the name of the webinar as it appeared on the Site. We must receive the request for a winner’s list within seven days of the close of the Promotion.
Effective May [7th], 2021.
