DART Website

Terms of Use

By using this site, you agree to these Terms of Use. If you do not agree, you may not use this site and you should leave the site immediately. DART reserves the right to change these Terms of Use at any time, at its sole and complete discretion. If you continue to use this site following changes to the Terms of Use, you will be bound by the changes made. So, please check these Terms of Use regularly for any changes that may have been made.

Restrictions on Use

This site is owned and operated by DART, Inc. (DART). No material from www.dartdefense.org any website owned, operated, licensed, or controlled by DART (each or collectively a "DART website") may be copied, reproduced or distributed without the express written consent of DART, except that you may download one copy of the materials on one computer for your personal, noncommercial use only. The use of any such material on any other website or electronic medium is prohibited. When you download materials from a DART website, you must keep intact all copyright, trademark and other notices. Modification of the materials or use of the materials for any other purpose is a violation of DART's rights.

Software, files, images, or data downloaded are licensed to you by DART for the limited use described in the preceding paragraph. DART transfers no right, title or interest to the items to you. DART retains full and complete title to the items, and all intellectual and intangible property rights therein. Generally, DART is happy that you would like to use photographs from a DART website; however, if you wish to obtain permission to use photos, logos, or site content, contact Michele Dusenbery - dartdefense1@aol.com.

You may not add to or delete from any DART website materials unless doing so is expressly permitted on the website. If posting materials is permitted, you may not post messages that are promotions of goods and services offered by persons other than DART, its subsidiaries and affiliates unless specifically authorized and you may not place or display materials on the website if they are false or misleading in any material respect, or if DART determines they could materially harm DART.

Intellectual Property

DART's trademarks, servicemarks, and trade names (collectively "DART Marks") are the sole property of DART or its subsidiaries and affiliates. Except as may be specifically granted herein or otherwise in writing by DART, you do not have any right, title or interest in them or any rights to use, reproduce or display them. You agree that all the DART Marks have great value and good will and, in the event of a breach of this section, injury to DART would be irreparable and, therefore, injunctive relief to protect DART's interests would be appropriate in addition to damages or any other relief permitted by law, without any need for DART to post bond.

Jurisdictional Issues Dispute Resolution / Waiver of Jury Trial / Attorney's Fees.

Your use of this site shall be governed by and interpreted in accordance with the laws of the State of Colorado and of the United States, where applicable. Exclusive jurisdiction and venue for any legal proceedings related to your use of this site or any DART training or materials shall be in the District Court for Boulder County, Colorado or in the United States District Court for the State of Colorado if federal jurisdiction is mandatory. You hereby consent and submit to the jurisdiction of such courts for the purposes of litigating any such proceedings. You waive trial by jury. In any such action, the Court must award the prevailing party its attorney's fees and costs. Before bringing any action against DART, you must provide DART with written notice of your claim in sufficient detail and with sufficient supporting documents for DART to intelligently evaluate it. If the claim is not resolved within fourteen days of DART's receipt of your notice, you agree to participate in non-binding mediation in Boulder, Colorado, with each party to pay ½ of the mediator's fees. The mediator shall be Steve Clymer of Accord Dispute Resolution.

Disclaimer

The DART websites are provided "as is" and without warranties of any kind either express or implied. To the fullest extent permissible pursuant by law, DART disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. DART does not warrant that (i) DART websites or their operation will be error-free or uninterrupted, (ii) that the sites are free from viruses, or (iii) the accuracy of information on a DART website. DART expressly disclaims any responsibility for the accuracy or reliability of sites that link to or from DART websites or the security of information you may be requested to provide such sites, and you hereby irrevocably waive any claim against DART with respect to such sites. Prices, terms and conditions of offers made and information contained on any DART website are subject to change at any time without notice or liability to DART, its affiliates and subsidiaries.

Limitation of Liability

Under no circumstances shall DART be liable for any special or consequential damages that may occur during or as the result of the use of or the inability to use any DART website, or your use of DART training or materials, even if DART or an agent of DART has been advised of the possibility of such damages. In the event DART is held liable for damages for any reason, DART's total liability, whether in tort or contract or equity for all damages, losses, and causes of action will not exceed the amount paid by you, if any, for accessing this site.

Miscellaneous

For legal matters pertaining to DART please contact Mark Cohen at www.cohenslaw.com

DART is a Colorado nonprofit that provides training and courses in violence prevention, violence management and personal safety. DART offers training to corporations, hospitals, governments, schools, and other organizations.

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