Terms of service

RELEASE, WAIVER, INDEMNIFICATION, HOLD HARMLESS, AND ASSUMPTION OF RISK AGREEMENT

WARNING : FIREARM SHOOTING ACTIVITIES COULD CAUSE SERIOUS INJURY OR EVEN DEATH

Any course offered by an Instructor through www.BasicPractical.com will require signing an agreement similar to the following:

Whereas, in consideration of being permitted to attend a course for instruction in firearms, for the instruction in firearms, for use of premises, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Undersigned agrees to the following:

Joshua M. Murphy, and www.BasicPractical.com are not attorneys; and nothing discussed during training is meant to be construed as legal advice in any manner or jurisdiction. Undersigned hereby recognizes his/her obligation to understand all applicable laws and is hereby advised to consult a licensed attorney for any legal advice.

Undersigned is fully aware that firearm shooting and all associated activities are inherently dangerous and can lead to injury or death and no amount of care, caution, instruction, or expertise can eliminate these risks. Undersigned understands the scope, nature, and extent of the risks involved in the activities contemplated by this agreement and freely chooses to assume any and all such risks and dangers. The activities include, but are not limited to classroom instruction, travel to and from one or more shooting ranges, range-site instruction, firearm loading and discharging, firearm maintenance, and similar activities related to the training in and use of firearms (hereinafter collectively referred to as the "Activities").

Undersigned agrees to indemnify and defend, including the payment of attorneys’ fees, costs and expenses, Joshua M. Murphy, and www.BasicPractical.com (hereinafter collectively referred to as 'Instructor & Training Organization'), from any and all fault, liabilities, injuries, costs, expenses, claims, demands or lawsuits arising out of related to or connected with the Activities and/or the Undersigned’s presence at any facility used by Instructor & Training Organization (hereinafter collectively referred to as the ‘Premises’) that are caused or otherwise related to the non-negligent conduct of Instructor & Training Organization.

Undersigned furthermore waives and releases for himself/herself and for his/her spouse, executors, personal representatives, administrators, insurers, successors, assigns, heirs and next of kin, any and all rights, injuries, losses, demands and claims which may arise against Instructor & Training Organization (including but not limited to the death of the Undersigned and/or any and all injuries, damages or illnesses suffered by Undersigned or Undersigned's property ), which may, in any way whatsoever, arise out of, be related to or be connected with the Activities; the Premises, including any latent or other defect in the Premises; Undersigned's presence on or use of the Premises; Undersigned's property (whether or not entrusted to Instructor & Training Organization ); and anything else related to any of the foregoing. Instructor & Training Organization shall not be liable for, and Undersigned, on behalf of himself/herself and on behalf of his/her spouse, executors, personal representatives, administrators, assignees, heirs and next of kin, hereby expressly releases the Instructor & Training Organization from any and all such claims, damages, injuries and liabilities.

Undersigned further acknowledges by signing this instrument that he/she is not prohibited by any Federal, State, or local law or ordinance from owning, possessing, or using firearms.

Undersigned hereby acknowledges and agrees that Undersigned has read this instrument and understands its terms and is executing this instrument voluntarily. Undersigned further certifies that he/she is twenty-one ( 21 ) years of age or older and state that he/she is not under the influence of alcohol, drugs, and/or any other mind-altering substance. Undersigned furthermore hereby acknowledges and agrees the he/she has read, understands and will at all times abide by all range rules and procedures and any other rules and procedures stated by the Instructor & Training Organization.

Undersigned expressly agrees that this instrument is intended to be as broad and as inclusive as permitted by law, and that if any provision of this instrument is held invalid or otherwise unenforceable, the enforceability of the remaining provisions shall not be impaired thereby. No remedy conferred by any of the specific provisions of this instrument is intended to be exclusive of any other remedy, and each and every remedy shall be cumulative and shall be in addition to every other remedy now or hereafter existing at law or in equity or by statue or otherwise. The elections of any one or more remedy hereunder by the Instructor & Training Organization shall not constitute any waiver of Instructor's & Training Organization's right to pursue other available remedies. This instrument binds Undersigned and his/her spouse, executors, personal representatives, administrators, successors, assigns, heirs and next of kin.

TERMS AND CONDITIONS

THIS SET OF TERMS AND CONDITIONS ("BasicPractical.com Website Terms Of Use," or "Terms Of Use") APPLIES TO YOUR USE OF THE BasicPractical.com WEBSITE. YOUR USE OF THE BasicPractical.com WEBSITE INDICATES YOUR ACCEPTANCE OF THESE TERMS OF USE, AND YOUR AUTHORIZATION TO CONTRACTUALLY BIND THE PERSON OR ENTITY ON WHOSE BEHALF YOU HAVE DONE SO, IF ANY. REFERENCES HEREIN TO "YOU" AND "YOUR" REFER TO BOTH YOU AND SUCH PERSON OR ENTITY IN WHOSE BEHALF YOU ACT, IF ANY.

Services provided

BasicPractical.com provides access to NRA Certified Instructors. These instructors are certified by the NRA to teach various courses according to their training credentials. Although BasicPractical.com will strive to ensure that all instructors associated with the site have current credentials, BasicPractical.com and it's administrators are not responsible for lapses in the certifications or credentials of individual instructors.

GRANT, RESTRICTIONS, AND OWNERSHIP

BasicPractical.com and its associates, as applicable ("BasicPractical.com"), hereby grant You the right to use the content comprising the BasicPractical.com Website (the "Content"). You may print the Content on The BasicPractical.com Website intact from within your browser for personal and fair use purposes only. The Content has been compiled by BasicPractical.com from a variety of sources, and is subject to change without notice. You may not attempt to "pass-off" any of the Content as your own work.

Your use of the Content is conditioned on your maintaining all copyright, trademark and other proprietary rights notices appearing on the Content. Any unauthorized use of any of the Content may violate copyright laws of the United States and, internationally, the copyright law of each jurisdiction reflecting pertinent treaties and conventions. In many instances, the Content is subject to international patent, trademark, and trade secret laws (collectively, the "Applicable Laws"), including without limitation as indicated selectively within the Content. BasicPractical.com and/or its associates own the Content, which is generally protected by several of the Applicable Laws.

You may use, print and/or download from the BasicPractical.com Website the Content displayed on the BasicPractical.com Website for your personal, noncommercial purposes only. If you breach any of these Terms Of Use, your authorization to use the BasicPractical.com Website will automatically terminate and you must immediately destroy or delete any downloaded or printed material.

You agree that the Content is the proprietary information of BasicPractical.com and/or its associates, and that you will conform your access, copying, and use of particular Content to the applicable BasicPractical.com Website purposes indicated in association with the particular Content.

IMAGES IN BasicPractical.com WEBSITE

Subject to other provisions hereof to the contrary, You may not use, reproduce or distribute any image in the BasicPractical.com Website without securing the advance written consent of BasicPractical.com. To request permission, send an email, including your name, address and a description of the purpose of your intended use and/or distribution and the image you would like to distribute.

RSS FEEDS IN BasicPractical.com WEBSITE

BasicPractical.com provides RSS feeds as a free service for any individual for information purposes only. Use is restricted to non-commercial purposes only. BasicPractical.com does not endorse any specific RSS reader or other third party application. BasicPractical.com reserves the right to discontinue this service at any time and further reserves the right to request the immediate cessation of any specific use of its RSS service. By accessing BasicPractical.com's RSS feeds, you are indicating your understanding and agreement with the terms and conditions in this paragraph.

COMMUNICATIONS FROM YOU TO THE BasicPractical.com WEBSITE

Except for orders for products or services provided through the BasicPractical.com Website and as specified in our Privacy Statement, all communications from You to the BasicPractical.com Website will be considered non-proprietary and non-confidential, and BasicPractical.com will have no obligations of any kind to You respecting such communications and will be free to use them on an unrestricted basis. Specifically, but without limitation, You authorize BasicPractical.com to (i) reproduce, use, disclose and distribute such communications to others, and (ii) use any ideas, know-how, designs, concepts, techniques or the like contained in such communications for any purpose whatsoever. You are solely responsible for these communications and their legality under all applicable laws and regulations. You agree that you will comply with the terms of our Privacy Statement when using the BasicPractical.com Website. You are responsible for the security of any account names, identification numbers or passwords associated with your access to and use of the BasicPractical.com Website. BasicPractical.com is not liable for any unauthorized use of any accounts you establish through the BasicPractical.com Website by You, your employees, agents or anyone else.

AVAILABILITY OF BasicPractical.com WEBSITE

You acknowledge that temporary interruptions in the availability of the BasicPractical.com Website may occur from time to time as normal events. Under no circumstances will BasicPractical.com or its associates be held liable for any damages due to such interruptions. The BasicPractical.com Website and the Content may include technical inaccuracies or typographical errors. The BasicPractical.com Website is made available internationally and may contain references to products, programs and services of BasicPractical.com and/or its associates that are not available in your location. Such references do not imply that BasicPractical.com or its associates intend to make available such products, programs or services in your location.

MONITORING

It is neither the policy nor a practice of BasicPractical.com to review communications with the BasicPractical.com Website to determine that such communications comply with these terms and conditions and applicable laws and/or regulations; however, BasicPractical.com reserves the right to review such communications but has no such obligation. BasicPractical.com shall have no responsibility or liability for the content of any communications posted to the BasicPractical.com Website, nor for any errors or violations of any applicable laws or regulations. BasicPractical.com will comply with court orders in any jurisdiction directing BasicPractical.com to disclose the identity of anyone posting communications to the BasicPractical.com Website.

LINKS WITH OTHER SITES

BasicPractical.com is not responsible for the content of any other web site linked to or from the BasicPractical.com Website. If you link to another site, you leave the BasicPractical.com Website. If you decide to link to another site, you do so entirely at your own risk. BasicPractical.com may provide links from the BasicPractical.com Website to other sites, but this is done solely as a convenience to you and in no way should be interpreted as a referral or endorsement of any content, sponsor or owner of any other site. ALL WARRANTIES, CONDITIONS OR OTHER TERMS EXPRESS OR IMPLIED AS TO ANY SUCH LINKED SITE, INCLUDING WITHOUT LIMITATION AS TO ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED SITE, ARE HEREBY EXCLUDED.

DISCLAIMER

THE CONTENT PROVIDED AT THIS BasicPractical.com WEBSITE IS PROVIDED "AS IS" AND ANY WARRANTY, CONDITION OR OTHER TERM OF ANY KIND INCLUDING WITHOUT LIMITATION ANY WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, SECURITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY IS HEREBY EXCLUDED. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to You. BasicPractical.com does not warrant the accuracy and completeness of the Content on the BasicPractical.com Website. BasicPractical.com takes no responsibility for viruses or other destructive or intrusive computer programs that may damage your computer system or data resulting from your access to or use of the BasicPractical.com Website. The Content at the BasicPractical.com Website may be out of date, and BasicPractical.com makes no commitment to update the Content at the BasicPractical.com Website. Information published at the BasicPractical.com Website may refer to products, programs or services that are not or are no longer available in your geographic location.

LIMITATION OF LIABILITIES

IN NO EVENT WILL BASICPRACTICAL.COM OR ITS associates BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, LOSSES TO PROPERTY, LIFE, OR LIMB, OR BUSINESS INTERRUPTION) ARISING IN RELATION TO THESE TERMS OF USE AND/OR THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE BASICPRACTICAL.COM WEBSITE, THIS WEBSITE, ANY WEB SITES LINKED TO THIS BASICPRACTICAL.COM WEBSITE, THE CONTENT CONTAINED AT ANY OR ALL SUCH SITES, OR THE SERVICES PROVIDED THROUGH USE OF SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT BASICPRACTICAL.COM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR EXCLUSIVE REMEDY AND BASICPRACTICAL.COM'S SOLE LIABILITY FOR LOSS OR DAMAGE ARISING FROM PURCHASE OR USE OF BASICPRACTICAL.COM SERVICES SHALL BE AN AMOUNT EQUAL TO THE PRICE PAID FOR THE SERVICES USED, IF ANY. Purchaser or User may not recover any amount for incidental or consequential damages, including loss of property, loss of life or limb and amounts expended in using such services. This limitation of liability shall be applicable to any claim presented to BasicPractical.com whether the legal theory forming the basis of such claim involves contract, tort, negligence, strict liability or otherwise. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. Purchaser and User agree that if BasicPractical.com refunds an amount equal to the price Purchaser or User paid for BasicPractical.com services, this limitation of liability will not have failed of its essential purpose.

INDEMNIFICATION

Upon the request of BasicPractical.com, you agree to defend, indemnify and hold harmless BasicPractical.com and its associates, affiliates, representatives, officers, directors, employees and attorneys from and against all liabilities, claims, costs and expenses, including attorney fees, that arise in relation to your accessing or use of the BasicPractical.com Website and/or these Terms Of Use or your uploading, downloading or transmission of any communications or Content on the BasicPractical.com Website.

TRADEMARKS

The trademarks, service marks and logos (trademarks) of BasicPractical.com and/or others used on the BasicPractical.com Website are the property of BasicPractical.com or its subsidiaries, its associates, or their respective owners. You may not use, and nothing contained on the BasicPractical.com Website grants, by implication, waiver, estoppel or otherwise, any right to use, any trademark displayed on the BasicPractical.com Website without the written permission of Silicon Graphics International Corp. or the respective owner, which written permission may be expressed within the BasicPractical.com Website.

AGREEMENT IN ENGLISH

You and we agree that these Terms Of Use and all related documents be written and interpreted in the English language. Les parties ont exigé que les présent contract et tous les documents connexes soient rédéges en anglais.

GOVERNANCE

This BasicPractical.com Website is operated and controlled from BasicPractical.com's offices in Florida, United States of America. It can be accessed from any of the 50 states in the United States and from other countries of the world. The laws of Florida (or U.S. federal law, if applicable), without regard to conflicts of law provisions, will apply to all matters arising out of or in connection with the BasicPractical.com Website and your connection to and use of the BasicPractical.com Website. Both BasicPractical.com and You submit to exclusive jurisdiction in Florida and further agree that any cause of action arising out of or in connection with these Terms Of Use shall be brought only in the federal or state courts in Okaloosa County, Florida.

BasicPractical.com makes no representation or warranty that any communications or Content on the BasicPractical.com Website are lawful in other jurisdictions or available for use in all jurisdictions, and accessing them from territories where their contents are illegal is prohibited. You agree that if you access our BasicPractical.com Website from another jurisdiction that you are responsible for compliance with local laws. If any provision of these Terms Of Use is held to be invalid or unenforceable, that provision will be deemed to be restated to reflect as nearly as possible the original intention in accordance with applicable law, and the remainder of the Terms Of Use will remain in full force and effect.