Welcome to the DEFENSE MEDIA NETWORK website. By using it you agree to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, DO NOT USE THIS SITE. Faircount LLC D/B/A Faircount Media Group (“the Publisher”) reserves the right to change these terms and conditions at any time by posting the changes on the site. The terms “publisher” or “us” or “we” or “our” refers to FAIRCOUNT LLC, the owner of the website. The term “you” refers to the user or viewer of our website. You are responsible for regularly reviewing these terms and conditions to obtain notice of such changes. Your continued use of the site after any such change constitutes your acceptance of those changes.

Terms of Use Agreement

A. Acceptance of Agreement

You agree to the terms and conditions outlined in this Terms of Use Agreement (“Agreement”) with respect to our site (the “Site”). This Agreement constitutes the entire and only agreement between us and you and supercedes all prior agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided herein and the subject matter of this Agreement.

B. Copyright

The entire contents of the site including words, graphics, designs and other elements related to the Site are protected under applicable copyrights, trademarks and other proprietary laws including intellectual property rights. The copying, redistribution, use or publication by you of any part of the Site, except as allowed in paragraph D below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the site is the copyrighted work of third-parties.

C. Service

The Publisher provides this website on an ‘As Is’ basis. To the extent permitted by any applicable law, the Publisher makes no representations or warranties of any kind as to (1) the website or the availability of the website for access and use; or (2) the accuracy, completeness or suitability for any purpose of any of the content on the website.

Any liability, however it occurs, for any inaccuracies or errors on this website is expressly excluded to the fullest extent permitted by any applicable law. Although the Publisher uses anti-virus software to protect the content against known viruses, the Publisher cannot guarantee that the material and downloads are free from viruses or malicious codes. It is your responsibility to ensure that you have taken precautions to protect your own computer system from virus infection. The Publisher will take reasonable steps to ensure that the information published is accurate and may update the information at any time without notice.

D. Limited Use License

You are granted a non-exclusive, non-transferable, revocable license (1) to access and use the Site strictly in accordance with this Agreement; (2) to use the Site solely for internal, personal, non-commercial purposes; and (3) to print out information from the Site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein.

E. Restrictions and Prohibitions on Use

Your license for access and use of the Site and any information, materials or documents (collectively defined as “Content”) therein are subject to the following restrictions and prohibitions on use: You may not (1) copy, print (except for the express limited purpose permitted by Paragraph D above), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Content; (2) use the Site or any materials obtained from the Site to develop, or as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (3) create compilations or derivative works of any Content from the Site; (4) use any Content from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third-parties; (5) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Site; (6) remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture; (7) use the Site for the purpose of gathering information for or transmitting unsolicited commercial email; (8) export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of the United States.

F. Linking to the Site

You may provide links to the Site, provided that you do not remove or obscure advertisements, the copyright notice, or other notices on the Site, that your site does not engage in illegal or pornographic activities, and you discontinue providing links to the Site immediately upon request by us.

G. Links to other Websites

Hyperlinks displayed on the website are provided for your convenience only. If you choose to follow any hyperlinks you will be leaving the Publisher’s website. The Publisher does not control or endorse the content of any other website and the Publisher does not accept any liability arising from your use of any hyperlink that may lead to Third-party content.

H. Advertisers

The Site may contain advertising. Publisher is not responsible for errors, inaccuracies, claims or assertions made in advertisements. Advertisers are responsible for ensuring that all material submitted for inclusion on the website complies with applicable laws and regulations and the Publisher excludes its liability for any error or inaccuracy in any advertising material to the fullest extent possible.

I. Third-Party Content

Third-party content may appear on the Site or may be accessible via links from the Site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site. You understand that the information and opinions in the third-party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.

J. Cookies

The Publisher uses cookies on the website, but these are not used to store any personal data on the server. You can set your browser configuration to reject cookies and you will still be able to use our website although this may affect your movement around the website.

K. Registration

Certain sections of, or offerings from, the Site may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be done using your real name and accurate information. Each registration is for your, or your employer’s, use only and not on behalf of any other person or entity. We do not permit (a) any other person using the registered sections under your name, or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.

L. Errors, Corrections and Changes.

We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.

M. Unlawful Activity

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third-parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

N. Use of Information

We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy. All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, a “Submission”) will forever be our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

O. Payments

You represent and warrant that if you are purchasing something from us or from Merchants that any credit information you supply is true and complete; your credit card company will honor any charges incurred by you, and you will pay the charges incurred by you at the posted prices, including any applicable taxes.

P. Personal Information

The Publisher will only use any personal data collected during your use of this website in accordance with current data protection legislation and any other applicable data protection legislation. You authorize the Publisher to use, store and process any information that you provide to us, including your name, address and email address, as far as is reasonably necessary for us to provide our services. Publisher does not retain any financial details. All credit / debit card details are stored by our third party facilitators such as Paypal and other trusted operators. No financial details can be accessed through our website.

Q. No Legal Advice

Information contained on or made available through the Site is not intended to and does not constitute legal advice or counseling under any circumstance and no attorney-client relationship is formed. The Publisher does not warrant or guarantee the accurateness, completeness, adequacy or currency of the information contained in or linked to the Site. Your use of information on the Site or materials linked to the Site is entirely at your own risk. No print out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

R. Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Content and Materials provided therein.

S. Disclaimer

All warranties, expressed or implied, are disclaimed. The information and services may contain bugs, errors, problems or other limitations. The Publisher has no liability whatsoever for your use of any information or service. In particular, but not as a limitation thereof, we and our affiliated parties are not liable for any indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. The negation and limitation of damages set forth above are fundamental elements of the basis of the bargain between you and us. This site and the products, services, documents and information presented would not be provided without such limitations. No advice or information, whether oral or written, obtained by you from us through the site or otherwise shall create any warranty, representation or guarantee not expressly stated in this agreement. All responsibility or liability for any damages caused by viruses contained within the electronic file containing a form or document is disclaimed.

T. Limitation of Liability

Publisher shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from any errors in or omissions from the Site or any services or products obtainable from the Site, the unavailability or interruption of the Site or any features thereof, your use of the Site, the content contained on the Site, or any delay or failure in performance beyond our control.

U. Venue

This Agreement shall be treated as though it were executed and performed in Tampa, Florida, United States of America and shall be governed by and construed in accordance with the laws of the State of Florida without regard to conflict of other jurisdictions of law.

V. Indemnity

You agree to indemnify and hold the Publisher harmless from and against all expenses, losses, liabilities, damages or costs incurred or suffered and any claim which is brought arising from your use of the website or any breach of these terms and conditions, and in particular any infringement of any intellectual property rights of any third party.

W. Nontransferable

You may not assign, sub-licence or transfer any of your rights under these terms and conditions. If any or any part of these terms and conditions are deemed to be illegal or unenforceable, then that term or part thereof will be severed and deleted and the remaining terms and conditions will continue to be binding and enforceable.

X. Miscellaneous

Any cause of action by you with respect to the Site (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in this agreement. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.