ONLINE CARRY COURSE QUALIFICATION
Terms of Service
- 1.1. Effective Date. The effective date of this Agreement is April 25, 2016.
- 1.2. Agreement. Welcome to Online Carry Course! This is an agreement between you and the owner and operator of OnlineCarryCourse.com ("Online Carry Course" or "Company").Online Carry Course recommends that you read the following terms and conditions carefully. By accessing or using the Online Carry Course website, the Online Carry Course Service, including any software applications made available by Online Carry Course (together, the "Website" or "Service"), however accessed or used, you agree to be bound by these terms (the "Terms of Service" or the "Agreement"). By using the Service, you agree to be bound by this Agreement, constituting a legally binding agreement between Online Carry Course and you concerning your use of the Service. We encourage you to print the Agreement or save it to your computer for reference.
If you ordered a physical product, your items are scheduled to ship in 1 to 2 business days via USPS, and should arrive within 5 to 7 business days of the date your order was placed.
- 1.5. Arbitration and Remedies. These terms contain a mandatory arbitration of disputes provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute. See Section 19 (Dispute Resolution) for full details.
- 1.6. Certificate is Not a Conceal Carry Permit; Additional Action by You Required. By using the Service, you understand and agree that the Online Carry Course Certificate of Completion is not a license or permit to carry a concealed weapon in any state. Users of site must apply to the Virginia State Police and pay any applicable fee charged by the Virginia State Police and satisfy all requirements to be issued a Virginia concealed handgun license.
- 1.7. No Guarantee of Recognition or Reciprocity. You understand and agree that Online Carry Course does not guarantee recognition of Virginia Concealed Handgun Permits by any state. You understand and agree that it is YOUR exclusive responsibility to determine whether you are authorized to carry a concealed weapon in your city, state or other location.
- 4.1. By accessing and/or using the Service, including by doing so after accessing this Agreement, you represent and warrant that you are at least 21 years old, and are otherwise legally qualified to (i) enter into and form contracts under applicable law and (ii) own, possess and/or operate a firearm under applicable law.
5. License. Subject to your compliance with these Terms of Service, Online Carry Course grants you a non-exclusive, non-sublicensable, revocable as stated in this Agreement, non-transferable license to access the Online Carry Course website (located at the following URL: www.onlinecarrycourse.com), and to use the Service. The Service, including any portion of the Online Carry Course Website, may not be reproduced, duplicated, copied, modified, sold, resold, distributed, transmitted, or otherwise exploited for any commercial purpose without the prior, express written consent of Online Carry Course. All rights not expressly granted in this Agreement are reserved by Online Carry Course. Without limitation, this Agreement grants you no rights to the intellectual property of Online Carry Course or any other party, except as expressly stated in this Agreement. The license granted in this section is conditioned on your compliance with this Agreement. Your rights under this section will immediately terminate if you breach, actually or potentially, in the sole judgment of Online Carry Course, any provision of this Agreement.
- 6.1. All transmissions of payment information between you and the Website are secured with Internet-standard TLS (also known as HTTPS) encryption.
6.2. We collect your name, address, and payment information to process your order.
- In addition to the certificates, we offer various ancillary products as promotional and or upsell items, including: a physical certificate for $9 and a choice holster for $25.
- We also may offer 2 subscription products. Our advanced training via the Firearmcraft portal for $19 per month, as well as our premium gun oil for $3.99 shipping and then $19 billed in 14 days from the date of purchase and then every 30 days thereafter until canceled.
7. Refund Policy. Refunds will ONLY be issued to users whose concealed carry permit applications are expressly denied by the Virginia State Police due to the training provided by Online Carry Course. No refunds will be issued for any other reason. All refunds render the associated Certificate of Completion invalid, null and void and you agree and promise to destroy all copies of the same upon receipt of any refund.
8. No Reliance on Third Party Content.
- 8.1. Opinions, advice, statements, or other information made available through the Service by third parties, including without limitation, the Virginia State Police, are those of their respective authors, and should not necessarily be relied upon. Those authors are solely responsible for their content. Online Carry Course does not: (i) guarantee the accuracy, completeness, or usefulness of any third-party information accessible on or through the Service; or (ii) adopt, endorse, or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by a third party through the Service. Under no circumstances will Online Carry Course be responsible for any loss or damage resulting from your reliance on information or other content posted through the Service transmitted to or by any third party.
9. Assumption of Risk; Release. You knowingly and freely assume all risk when using the Service. You, on behalf of yourself, your personal representatives, and your heirs, voluntarily agree to release, waive, discharge, hold harmless, defend, and indemnify the owner and operator of OnlineCarryCourse.com and its stockholders, officers, directors, employees, agents, affiliates, consultants, representatives, sublicensees, successors, and assigns (collectively, the "Company Parties") from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, emotional distress, loss of privacy, or other damages or harm, whether to you or to third parties, that may result from your use of the Service.
10. User Account, Accuracy, and Security.
- 10.1. User Account. To use the Service, you must register and create a user account ("Account "). During the Account creation process, you will be asked to provide information that personally identifies you ("Personal Information").
- 10.2. Account Information Accuracy. You represent and warrant that all user information you provide in connection with your Account and your use of the Service is current, complete, and accurate. You agree that you will not submit any fake content (including without limitation any Account, username, likeness, or Profile) to willfully and credibly impersonate another person, whether actual or fictitious. As a non-exhaustive example, you agree that you will not use any name that is not your own, or answer any of the qualifying questions incorrectly. If Online Carry Course believes in its sole discretion that the information you provide is not current, complete, or accurate, Online Carry Course has the right to refuse you access to the Service, revoke your Certificate of Completion, or terminate or suspend your access at any time, or both.
- 10.3. No Pseudonyms. You must use your real name on Online Carry Course; pseudonyms are not allowed. Any use of a pseudonym violates Section 10.2 (Account Information Accuracy) and is cause for suspension or deletion of your Account.
- 10.4. Account Security. You may be asked to provide a username, password, and possibly other information to secure your Account. You are entirely responsible for maintaining the confidentiality of your password. You may not use the username or password of any other user at any time, nor may you share your username and password, nor may you circumvent any authentication mechanism requiring the entry of usernames, passwords, or any other information to gain unauthorized access to the Service. You agree to notify Online Carry Course immediately of any unauthorized use of your Account. Online Carry Course shall not be liable for any loss that you incur because of someone else using your Account, either with or without your knowledge. You may be held liable for any losses incurred by Online Carry Course, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else's use of your Account.
11. Consent to Receive Electronic Communications from Company. By registering for the Service and providing your name, email, postal or residential address, and/or phone number through the Service, you expressly consent to receive electronic and other communications from Online Carry Course, over the short term and periodically, including email communications. These communications will be about the Service, new product offers, promotions, and other matters. You may opt out of receiving electronic communications at any time by following the unsubscribe instructions contained in each communication, or by sending an email to [email protected] You agree that these electronic communications satisfy any legal requirements that communications or notices to you be in writing.
12. Fees. Online Carry Course may charge a fee for your use of the Service, such as the download of your Certificate of Completion (collectively, "Paid Goods and Services"). All fees for Paid Goods and Services are payable in U.S. dollars. In all cases, fees for Paid Goods and Services are due and collected in full at the time goods are delivered or the services are rendered.
13. Third Party Websites. The Service is linked with the websites of third parties ("Third Party Websites"), some of whom may have established relationships with Online Carry Course and some of whom may not. Online Carry Course does not have control over the content and performance of Third Party Websites. Online Carry Course has not reviewed, and cannot review or control, all of the material, including computer software or other goods or services, made available on Third Party Websites. Accordingly, Online Carry Course does not represent, warrant, or endorse any Third Party Websites, or the accuracy, currency, content, fitness, lawfulness, or quality of the information, material, goods, or services available through Third Party Websites. Online Carry Course disclaims, and you agree to assume, all responsibility and liability for any damages or other harm, whether to you or to third parties, resulting from your use of Third Party Websites.
14. Prohibited Uses. Online Carry Course imposes certain restrictions on your use of the Service. Any violation of this section may subject you to civil and/or criminal liability. The following are expressly prohibited:
- 14.1. harassing or stalking any person, or contacting any person who has requested not to be contacted;
- 14.2. providing false, misleading, or inaccurate information to Online Carry Course or any other person in connection with the Service;
- 14.3. impersonating, or otherwise misrepresenting affiliation, connection, or association with, any person or entity, including, without limitation, completing the Online Carry Course course on behalf of any other person;
- 14.4. modifying or changing the placement and location of any advertisement posted through the Service;
- 14.5. harvesting or otherwise collecting information about users, including email addresses and phone numbers;
- 14.6. without express written permission from Online Carry Course, using or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the Service for any use, including without limitation use on Third Party Websites;
- 14.7. accessing content or data not intended for you, or logging into a server or account that you are not authorized to access;
- 14.8. attempting to probe, scan, or test the vulnerability of the Service, or any associated system or network, or breaching security or authentication measures without proper authorization;
- 14.9. interfering or attempt to interfere with the use of the Service by any other user, host, or network, including (without limitation) by submitting malware or exploiting software vulnerabilities;
- 14.10. using the Service to send unsolicited email, including without limitation promotions or advertisements for products or services;
- 14.11. forging, modifying, or falsifying any network packet or protocol header or metadata in any connection with, or transmission to, the Service (for example, SMTP email headers, HTTP headers, or Internet Protocol packet headers);
- 14.12. while using the Service, using ad-blocking or other content-blocking software, browser extensions, or built-in browser options designed to hide, block, or prevent the proper display of online advertising;
- 14.13. attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the Company Parties in providing the Service, including without limitation any fraudulent effort to modify software or any other technological mechanism for measuring the number of impressions generated by individual content and/or the overall Service to determine and/or audit advertising revenues and payments, if applicable;
- 14.14. creating additional accounts to promote your (or another's) business, or causing others to do so;
- 14.15. paying anyone for interactions on the Service; and
- 14.16. duplicating, modifying or falsifying any Certificate of Completion.
15. Intellectual Property.
- 15.1. Compliance with Law.
15.1.1. You represent and warrant that, when using the Service, you will obey all applicable laws and respect the intellectual property rights of others. Your use of the Service is at all times governed by and subject to copyright and other intellectual property laws.
- 15.2. Trademarks. Online Carry Course and the Online Carry Course logo (collectively, the "Company Marks") are trademarks or registered trademarks of Online Carry Course. Other trademarks, service marks, graphics, logos, and domain names appearing anywhere on, through, or in connection with the Service may be the trademarks of third parties. Neither your use of the Service nor this Agreement grant you any right, title, or interest in, or any license to reproduce or otherwise use, the Company Marks or any third-party trademarks, service marks, graphics, logos, or domain names. You agree that any goodwill in the Company Marks generated as a result of your use of the Service will inure to the benefit of Online Carry Course, and you agree to assign, and do assign, all such goodwill to Online Carry Course. You shall not at any time, nor shall you assist others to, challenge Online Carry Course's right, title, or interest in, or the validity of, the Company Marks.
- 15.3. Copyrighted Materials; Copyright Notice. All content and other materials available through the Service, including without limitation the Online Carry Course logo, design, text, graphics, and other files, and their selection, arrangement, and organization, are either owned by Online Carry Course or are the property of Online Carry Course's licensors and suppliers. Except as explicitly provided, neither your use of the Service nor this Agreement grant you any right, title, or interest in any such materials.
- 15.4. DMCA Policy.
15.4.1. As Online Carry Course asks others to respect Online Carry Course's intellectual property rights, Online Carry Course respects the intellectual property rights of others. Online Carry Course follows the notice and takedown procedures in the Digital Millennium Copyright Act ("DMCA").
15.4.2. If you believe content located on or linked to by the Service violates your copyright, please immediately notify Online Carry Course by emailed DMCA takedown notice ("Infringement Notice "), providing the information described below. If Online Carry Course takes action in response to an Infringement Notice, it will make a good faith attempt to contact the party who made the content available at the most recent email address that party provided to Online Carry Course.
15.4.3. Under the DMCA, you may be held liable for damages based on material misrepresentations in your Infringement Notice. You must also make a good-faith evaluation of whether the use of your content is a fair use; fair uses are not infringing. (See 15 U.S.C. Section 107, available at https://www.law.cornell.edu/uscode/text/15/ 107, and Lenz v. Universal Music Corp., No. 13-16106 (9th Cir. Sep. 14, 2015), available at https://www.courtlistener.com/opinion/2937139/stephanie-lenz-v-universal-music-corp/.) If you are not sure if content located on or linked to by the Service infringes your copyright, you should first contact an attorney.
15.4.4. The DMCA requires that all Infringement Notices must include the following:
126.96.36.199. A signature, electronic or physical, of the copyright owner or a person authorized to act on their behalf;
188.8.131.52. An identification of the copyright claimed to have been infringed;
184.108.40.206. A description of the nature and location of the material that you claim to infringe your copyright, in sufficient detail to permit Online Carry Course to find and positively identify that material;
220.127.116.11. Your name, address, telephone number, and email address; and
18.104.22.168. A statement by you: (i) that you believe in good faith that the use of the material that you claim to infringe your copyright is not authorized by law, or by the copyright owner or such owner's agent; and, (ii) under penalty of perjury, that all of the information contained in your Infringement Notice is accurate, and that you are either the copyright owner or a person authorized to act on their behalf.
- 15.4.5. Infringement Notices should be sent to [email protected] with the subject line "DMCA Notice: (INSERT YOUR NAME OR YOUR COMPANY'S NAME)".
- 15.4.6. Online Carry Course will respond to all DMCA-compliant Infringement Notices, including, as required or appropriate, by removing the offending material or disabling all links to the offending material.
- 15.4.7. Disclosure. All received Infringement Notices may be posted in full to the Lumen database (https://lumendatabase.org/), previously known as the Chilling Effects Clearinghouse.
16. Disclaimers; Limitation of Liability.
- 16.1. No Warranties. Online Carry Course, on behalf of itself and its licensors and suppliers, expressly disclaims any and all warranties, express or implied, regarding the Service, arising by operation of law or otherwise, including without limitation any and all implied warranties of merchantability, fitness for a particular purpose, non-infringement, no encumbrance, or title, in addition to any warranties arising from a course of dealing, usage, or trade practice. Neither Online Carry Course nor its licensors or suppliers warrants that the Service will meet your requirements, or that the operation of the Service will be uninterrupted or error-free. Online Carry Course disclaims all implied liability for damages arising out of the furnishing of the Service pursuant to this Agreement, including without limitation, mistakes, omissions, interruptions, delays, tortious conduct, errors, representations, or other defects arising out of the failure to the furnish the Service, whether caused by acts of commission or omission, or any other damage occurring. Online Carry Course shall not be liable for any failure by you to obtain a concealed carry handgun permit from Virginia or any other jurisdiction, regardless of the reason for denial of your application for such permit. Online Carry Course shall not be liable for any indirect, incidental, special, consequential, or punitive damages (including without limitation damages for lost profits or lost revenues), whether caused by the acts or omissions of Online Carry Course, Company Parties, or Online Carry Course users, or their agents or representatives.
- 16.2. Your Responsibility for Loss or Damage; Backup of Data.
16.2.1. You agree that your use of the Service is at your sole risk. You will not hold Online Carry Course or its licensors and suppliers, as applicable, responsible for any loss or damage that results from your access to and/or use of the Service, including without limitation any loss or damage to any of your computers, mobile devices, including without limitations tablets and/or smartphones, or data. The Service may contain bugs, errors, problems, or other limitations.
16.2.2. Importantly, you acknowledge that a catastrophic disk failure or other similar event could result in the loss of all of the data related to your account. You agree and understand that it is your responsibility to backup your data to your personal computer or external storage device and to ensure such backups are secure.
- 16.3. Limitation of Liability. In no event shall Online Carry Course or its licensors or suppliers be liable to you for any claims arising from your use with the Service, including without limitation for special, incidental, or consequential damages, lost profits, lost data or confidential or other information, loss of privacy, costs of procurement of substitute goods or services, failure to meet any duty including without limitation of good faith or of reasonable care, negligence, or otherwise, regardless of the foreseeability of those damages or of any advice or notice given to Online Carry Course or its licensors and suppliers arising out of or in connection with your use of the Service. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action. You agree that this limitation of liability represents a reasonable allocation of risk and is a fundamental element of the basis of the bargain between Online Carry Course and you. The Service would not be provided without such limitations.
- 16.4. Application of Disclaimers. The above disclaimers, waivers, and limitations do not in any way limit any other disclaimer of warranties or any other limitation of liability in any other agreement between you and Online Carry Course or between you and any of Online Carry Course's licensors and suppliers. Some jurisdictions may not allow the exclusion of certain implied warranties or the limitation of certain damages, so some of the above disclaimers, waivers, and limitations of liability may not apply to you. Online Carry Course's licensors and suppliers are intended third-party beneficiaries of these disclaimers, waivers, and limitations. No advice or information, whether oral or written, obtained by you through the Service or otherwise shall alter any of the disclaimers or limitations stated in this section.
17. Your Representations and Warranties. You represent and warrant that your use of the Service will be in accordance with this Agreement and any other Online Carry Course policies, and with any applicable laws or regulations.
18. Indemnity by You.
- 18.1. Without limiting any indemnification provision of this Agreement, you (the "Indemnitor") agree to defend, indemnify, and hold harmless Online Carry Course and the Company Parties (collectively, the "Indemnitees") from and against any and all claims, actions, demands, causes of action, and other proceedings (individually, "Claim ", and collectively, "Claims"), including but not limited to legal costs and reasonable attorneys’ fees, and providing sole and exclusive control of the defense of any action to Online Carry Course, including the choice of legal counsel and all related settlement negotiations, arising out of or relating to: (i) the relationship between you and Online Carry Course, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; (ii) your breach of this Agreement, including without limitation any representation or warranty contained in this Agreement; (iii) your access to or use of the Service; (iv) your provision to Online Carry Course or any of the Indemnitees of information or other data; (v) your violation or alleged violation of any foreign or domestic, international, federal, state, or local law or regulation; or (vi) your violation or alleged violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights.
- 18.2. The Indemnitees each have the individual right, but not the obligation, to participate through counsel of their choice in any defense by you of any Claim as to which you are required to defend, indemnify, or hold harmless any, each, and/or all Indemnitees. You may not settle any Claim without the prior written consent of the concerned Company Parties.
- 18.3. Without limitation, the Indemnitor also agrees to compensate Online Carry Course for any and all lost revenues, future lost profits, reasonable search costs, and any other reasonable expenses resulting from any Indemnitor violation of Section 15 (Prohibited Uses), including without limitation any suspension of affiliate accounts or affiliate payment attributable to fraudulent efforts to manipulate or otherwise modify reported impressions generated by the Company Parties under any affiliate advertising agreement.
19. Dispute Resolution.
- 19.1. Binding Arbitration.
19.1.1. If you and Online Carry Course cannot resolve a Claim through negotiations, either party may elect to have the Claim finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other(s).
19.1.2. You acknowledge that without this provision, you would have the right to sue in court with a jury trial or to participate in a class action.
19.1.3. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party.
19.1.4. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA"), as modified by this Agreement, available at the AAA website www.adr.org or by calling the AAA at 1-800-778-7879. Except as otherwise provided for in this Agreement, Online Carry Course will pay the AAA filing, administration, and arbitrator fees. If, however, the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then you will pay the arbitrator fees, in addition to any amount that exceeds the filing fees. In that case, you also agree to reimburse Online Carry Course for all payments disbursed that are your obligation to reimburse under the AAA Rules. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to resolve, except that issues relating to the enforceability of the arbitration provision are for a Court of Competent Jurisdiction to resolve. The arbitration may be conducted in person, through document submission, through telephone, or online. The arbitrator will issue a decision in writing, but need only provide a statement of reasons if requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Online Carry Course may litigate to compel arbitration in court, to stay proceedings pending arbitration, or to modify, confirm, vacate, or enter judgment on the award entered by the arbitrator. The arbitrator shall award costs to the prevailing party (including, without limitation, fees, expenses, and reasonable attorneys' fees) at any time during the proceeding and upon request from either party, within 14 days of the arbitrator's ruling on the merits.
- 19.2. Restrictions Against Joinder of Claims.
19.2.1. You and Online Carry Course agree that any arbitration shall be limited to each Claim individually. You and Online Carry Course agree that each may only bring claims against the other in your or Online Carry Course's individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
19.2.2. If this specific provision is found to be unenforceable in a Court of Competent Jurisdiction, the Claim will still be finally and exclusively resolved by binding arbitration upon the election of either party, and any election to arbitrate by one party shall be final and binding on the other(s). In addition: (1) no arbitration shall be joined with any other arbitration, and (2) there is no right for any Claim to be arbitrated on a class-action basis or to employ class action procedures, and (3) there is no right of authority for any dispute to be brought in a purported representative capacity on behalf either of the general public or any other individuals.
- 19.3. Remedies in Aid of Arbitration; Equitable Relief. This agreement to arbitrate will not preclude you or Online Carry Course from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration, or confirm an arbitral award, from a Court of Competent Jurisdiction. Furthermore, this agreement to arbitrate will not preclude you or Online Carry Course from applying to a Court of Competent Jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary. "Court of Competent Jurisdiction" means any federal or state court: (1) that has jurisdiction over the subject matter; and (2) that is located in Los Angeles County, California.
- 19.4. Choice of Law; Venue for any Judicial Proceeding.
19.4.1. This Agreement, including without limitation this Agreement's interpretation, shall be treated as though this Agreement were executed and performed in the State of California, and shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of law principles. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party.
19.4.2. The proper venue for any judicial action arising out of, relating to, or in connection with this Agreement will be the state and federal courts located in or nearest to Los Angeles, California. The parties stipulate to, and agree to waive any objection to, the personal jurisdiction and venue of such courts, and further expressly submit to extraterritorial service of process.
- 20.1. By Company. Without limiting any other provision of this Agreement, Online Carry Course reserves the right to, in Online Carry Course's sole discretion and without notice or liability, deny use of the Service—including, without limitation, by refusing to issue or revoking any Certificate of Completion—to any person for any reason or for no reason at all, including without limitation for any breach or suspected breach of any representation, warranty, or covenant contained in this Agreement, or of any applicable law or regulation.
- 20.2. Automatic Termination Upon Breach by You. This Agreement shall automatically terminate if you breach any of this Agreement's representations, warranties, or covenants. Such termination shall be automatic, and shall not require any action by Online Carry Course.
- 20.3. By You. You may terminate this Agreement and your rights under it at any time, for any or no reason at all, by providing to Online Carry Course notice of your intention to do so, in the manner required by Section 24 (Notices).
- 20.4. Effect of Termination.
20.4.1. Any termination of this Agreement automatically terminates all rights and licenses granted to you under this Agreement, including the validity of any Certificate of Completion and all rights to use the Service. Upon termination, Online Carry Course may, but has no obligation to, in Online Carry Course's sole discretion, rescind any services and/or delete from Online Carry Course's systems all your Personal Information and any other files or information that you made available to Online Carry Course or that otherwise relate to your use of the Service. Upon termination, you shall cease any use of the Service.
20.4.2. After termination, Online Carry Course reserves the right to exercise whatever means it deems necessary to prevent your unauthorized use of the Service, including without limitation technological barriers such as IP blocking and direct contact with your Internet Service Provider.
- 20.5. Legal Action. If Online Carry Course, in Online Carry Course's discretion, takes legal action against you in connection with any actual or suspected breach of this Agreement, Online Carry Course will be entitled to recover from you as part of such legal action, and you agree to pay, Online Carry Course's reasonable costs and attorneys' fees incurred as a result of such legal action. The Company Parties will have no legal obligation or other liability to you or to any third party arising out of or relating to any termination of this Agreement.
21. Notices. All notices required or permitted to be given under this Agreement must be in writing.
- 21.1. Online Carry Course shall give any notice by email sent to the most recent email address, if any, provided by the intended recipient to Online Carry Course. You agree that any notice received from Online Carry Course electronically satisfies any legal requirement that such notice be in writing.
- 21.2. You bear the sole responsibility of ensuring that your email address on file with Online Carry Course is accurate and current, and notice to you shall be deemed effective upon the sending by Online Carry Course of an email to that address.
- 21.3. You shall give any notice to Online Carry Course by email to [email protected]
- 22.1. Entire Agreement. This Agreement constitutes the entire agreement between Online Carry Course and you concerning your use of the Service.
- 22.2. Partial Invalidity. Should any part of this Agreement be declared invalid, void, or unenforceable by a Court of Competent Jurisdiction, such decision shall not affect the validity of any remaining portion of this Agreement, which shall remain in full force and effect, and the parties acknowledge and agree that they would have executed the remaining portion without including the part so declared by a Court of Competent Jurisdiction to be invalid, void, or unenforceable.
- 22.3. Amendments. This Agreement may only be modified by a written amendment signed by an authorized executive of Online Carry Course, or by the unilateral amendment of this Agreement by Online Carry Course along with the posting by Online Carry Course of that amended version.
- 22.4. No Waiver. A waiver by either party of any term or condition of this Agreement, or any breach, in any one instance, will not waive that term or condition or any later breach.
- 22.5. Assignment. This Agreement and all of your rights and obligations under it will not be assignable or transferable by you without the prior written consent of Online Carry Course. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.
- 22.6. Independent Contractors. You and Online Carry Course are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement.
- 22.7. No Third Party Beneficiaries. There are no third-party beneficiaries to this Agreement, with the following exceptions: the Company Parties; Online Carry Course's licensors and suppliers (to the extent expressly stated in this Agreement); and to the extent stated in the following Sections: Section 9 (No Reliance on Third Party Content), Section 14 (Third Party Websites), Section 19.4 (Application of Disclaimers).
- 22.8. Injunctive Relief. You acknowledge and agree that any actual or threatened breach of this Agreement or infringement of proprietary or other third-party rights by you would cause irreparable injury to Online Carry Course and Online Carry Course's licensors and suppliers, and would therefore entitle Online Carry Course or Online Carry Course's licensors or suppliers, as the case may be, to injunctive relief.
- 22.9. Headings. The headings in this Agreement are for convenience only, and shall have no legal or contractual effect.