AVADE Assessment

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Although every effort has been made for the training courses, guides, content, and related materials to be complete and accurate, it is impossible to predict, discuss or plan for every circumstance or situation which might arise in the course of training and in any contact with a violent or aggressive person(s) or for a crime. Every trainee must always take into consideration their experience, physical abilities, professional responsibilities, agency and department procedures and state, local and federal legal requirements. With this in mind, each trainee must evaluate the recommendations and techniques contained in the training course, guides, and related material, and decide for himself (herself) which should be used and under what circumstances. Each trainee/student/agency assumes risk of loss, injury, and damages associated with this training and use of the information obtained through the AVADE® Training Student Guide Content, Course Training Programs or any Personal Safety Training Inc. training courses, content and programs. Personal Safety Training Incorporated cannot guarantee or warrant the training, the guides or any related materials. ANY IMPLIED WARRANTIES ARE EXPRESSLY DISAVOWED.

Important legal information

Overview
The following rules and regulations apply to all access administrators and users of this AVADE® student guides website. By using this website, you agree to be bound by these rules and regulations, as they may be modified by Personal Safety Training Inc. at any time and posted on this website. In the event of a violation of these rules and regulations, Personal Safety Training Inc.reserves the right to seek all remedies available by law and in equity for such violations.

Copyright information

All of the contents of this AVADE® student guides website are protected from copying under U.S. and international copyright laws and treatises. Any unauthorized copying, alteration, distribution, transmission, performance, display or other use of this material is prohibited.

Trademark information

The AVADE® and SOCS® names and logos and all related product and service names are marks or registered marks of Personal Safety Training Inc. and are the property of Personal Safety Training Inc.

Use of information

Personal Safety Training Inc. hereby authorizes you to preview (or use if certified as an AVADE® instructor/agency) the AVADE® student guides website. (1) your trial view does not constitute a certification (2) your authorization to view does not allow you to send to others unless authorized by Personal Safety Training Inc. (3) This AVADE® student guides website is the property of Personal Safety Training Inc. (4) Use of the information contained in the AVADE® student guides website DOES NOT constitute any warranty whatsoever. Any implied warranty are expressly disavowed.

Disclaimer of warranty
Although Personal Safety Training Inc. attempts to provide useful information, Personal Safety Training Inc. assumes no responsibility for the accuracy or completeness of the information or the suitability of any advice, opinion, statement or other information displayed or distributed through this AVADE® student guides website. This information could contain technical inaccuracies or typographical errors, and information can be changed, updated and deleted without notice. In addition, Personal Safety Training Inc. assumes no obligation to update or to continue to post the information. ALL INFORMATION PROVIDED ON OR THROUGH THIS AVADE® STUDENT GUIDES WEBSITE IS PROVIDED "AS IS" WITH NO WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. THE AUTHOR AND THE PUBLISHER, PERSONAL SAFETY TRAINING, INC., DO NOT DICTATE POLICIES OR PROCEDURES FOR THE USE OF ANY WORKPLACE VIOLENCE PREVENTION, SELF-DEFENSE OR ANY PHYSICAL INTERVENTION AUTHORIZED FOR USE BY A DEPARTMENT/AGENCY OR PRIVATE INDIVIDUAL. THE SUGGESTIONS/OPTIONS DISSEMINATED IN THIS WEBLINK ARE SIMPLY THAT, SUGGESTIONS OR OPTIONS. EACH INDIVIDUAL, DEPARTMENT OR AGENCY IS RESPONSIBLE FOR DEVELOPING THEIR OWN "POLICIES AND PROCEDURES" REGARDING THE USE OF WORKPLACE VIOLENCE PREVENTION, SELF-DEFENSE AND PHYSICAL INTERVENTION FOR THEIR PERSONNEL AND FOR THEMSELVES. ALTHOUGH EVERY EFFORT HAS BEEN MADE FOR THIS AVADE®

STUDENT GUIDES WEBSITE TO BE COMPLETE AND ACCURATE, IT IS IMPOSSIBLE TO PREDICT, DISCUSS OR PLAN FOR EVERY CIRCUMSTANCE OR SITUATION WHICH MIGHT ARISE IN THE COURSE OF DEFENDING YOURSELF OR OTHERS, DURING ANY CONTACT WITH A VIOLENT OR AGGRESSIVE PERSON(S) OR DURING A CRIME. Every USER of the AVADE® student guides website must always take into consideration his/her experience, physical abilities, professional responsibilities, agency and department procedures and local, state, and federal legal requirements. With this in mind, each reader/USER must evaluate the recommendations and techniques contained in this AVADE® student guides website and decide for himself/herself which should be used and under what circumstances. Each USER and AGENCY assumes risk of loss, injury, and damages associated with this AVADE® student guides website and use of the information obtained in it. The author and publisher, Personal Safety Training, Inc., cannot guarantee or warrant the legal, medical, tactical or technical suggestions/options in this AVADE® student guides website. ANY IMPLIED WARRANTIES ARE EXPRESSLY DISAVOWED.

Limitation of liability

IN NO EVENT WILL PERSONAL SAFETY TRAINING INC. BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FOR USE OF THIS AVADE® STUDENT GUIDES WEBSITE AND CONTENTS THEIR WITHIN INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT PRODUCTS, LOSS OF LIFE, INJURIES, BUSINESS INTERRUPTIONS, LOSS OF DATA OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF PERSONAL SAFETY TRAINING INC. IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES.

In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitations may not apply to you.

Jurisdiction

Personal Safety Training Inc. controls and operates this AVADE® student guides website program from its offices within the State of Idaho. Personal Safety Training Inc. does not imply that the materials published on this AVADE® student guides website are appropriate for use outside of the United States. The terms of this AVADE® student guides website program shall be governed by the laws of the state of Idaho, without giving effect to its conflict of laws provisions.

TERMS OF USE

Effective Date and Last Updated: March 20, 2020

Welcome to the AVADE® student guides website owned and operated by Personal Safety Training Inc., with offices within the State of Idaho that post the Terms of Use.

Please review these Terms of Use carefully before using the Services. The Terms of Use govern each user's ("you" or "your") use of and/or access to the Services.

By using or accessing the Services, you acknowledge and agree that you have read, understood and agree to be bound by these Terms of Use. You also acknowledge that you have read and understood our data practices as described in the Privacy Policy applicable to the Services and Content you use.

These Terms of Use affect your legal rights, responsibilities and obligations, govern your use of the Services, are legally binding, limit Personal Safety Training Inc.'s liability to you, and require you to indemnify us and to settle certain disputes through individual arbitration. Please note that nothing in these Terms of Use affects your mandatory statutory rights under applicable law, to the extent that such rights apply to you and cannot be limited or excluded.

If you do not wish to be bound by these Terms of Use, and any applicable Additional Terms (defined below), you should not use or access the Services, and, where applicable, you should uninstall any Services downloads and applications.

In some instances, you may be subject to different or additional terms and conditions, policies and guidelines ("Additional Terms") that are applicable to certain parts of the Services. Those Additional Terms will be posted on the Services in connection with the relevant offering. In the event of a conflict between these Terms of Use and the Additional Terms, the Additional Terms shall control.

These Terms of Use and the Additional Terms are subject to change at any time, so we encourage you to periodically review all terms and conditions posted on the Services. If we make any material changes to these Terms of Use or the applicable Additional Terms, we will post the updated version(s), along with an effective date, and notify you by means of a notice on the Services. If you have these Terms of Use cached on your browser, the Terms of Use that apply to you are the most recent version of the Terms of Use that appear on a non-cached browser.

If any changes to these Terms of Use or Additional Terms are not acceptable to you, you must stop your access to and/or use of the Services and, where applicable, uninstall any Services downloads and applications.

OWNERSHIP: YOUR RIGHTS TO USE THE SERVICES AND CONTENT.

Ownership. The Services and all of its content (collectively, "Content"), including all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein ("Intellectual Property"), are owned or controlled by Personal Safety Training Inc. All right, title, and interest in and to the Content and Intellectual Property available via the Services is the property of Personal Safety Training Inc, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other Intellectual Property and unfair competition rights and laws to the fullest extent possible. Personal Safety Training Inc. owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Services.

Your Rights to Access and Use the Services and Content. Your right to access and use the Services and Content is subject to your strict compliance with these Terms of Use and the applicable Additional Terms. Your right to access and use the Services and the Content shall automatically terminate upon any violations of these Terms of Use. These rights are non-exclusive, limited, and revocable by us at any time in our sole discretion without advanced notice or liability. As your right to access and use the Services and the Content is personal to you, you may neither assign nor transfer your right; any attempt to do so is void. You may, for your personal, non-commercial, lawful use only (collectively, the following are the "Licensed Elements"):

Display, view, use, and play the Content on a computer, mobile or other internet enabled or permitted device ("Device") as it is displayed to you;

If the Services includes a "Download" link next to a piece of Content (including, without limitation, an image, an icon, a wallpaper, a music track, a video, a poster, a trailer, an RSS feed), you may only download a single copy of such Content to a single Device;

Additional Terms for Usage Subscriptions. Purchases of usage subscriptions (e.g., credits, points, and/or virtual currency) or any virtual items made available on the Services are nonrefundable, have no monetary value (i.e., are not a cash account or equivalent), and are purchases of only a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to use those items only, even if such came with a durational term (e.g., a monthly/yearly subscription). Any attempt to transfer, assign or otherwise sell or trade such subscription, regardless of manner or method, is null and void. Suspension or termination thereof results in the forfeit of the suspended or terminated subscription or items, except as may be noted in the applicable Additional Terms. As permitted by law, we are not responsible for repairing or reissuing any credit or refund or any other sum, as a result of our modification of any usage subscriptions or virtual item, or for loss or damage due to error, or any other reason.

Reservation of all Rights Not Granted as to Services and Content. These Terms of Use and any applicable Additional Terms include only narrow, limited grants of rights to use and access the Services and Content. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU ARE RESERVED BY PERSONAL SAFETY TRAINING INC. AND ITS LICENSORS AND OTHER THIRD PARTIES. Any unauthorized use of any Content or the Services for any purpose is prohibited.

Terms applicable for Apple IOS.

To the extent that you are accessing the Services through an Apple mobile application, you acknowledge that these Terms of Use are entered into between you and Personal Safety Training Inc. and that Apple, Inc. ("Apple") is not a party to these Terms of Use other than as third-party beneficiary, as contemplated below.

The license granted to you by Personal Safety Training Inc. under these Terms of Use is subject to the permitted Usage Rules set forth in the Apple Media Services Terms and Conditions (see: http://www.apple.com/legal/itunes/us/terms.html) and any third-party terms of use applicable to the Personal Safety Training Inc. Services you use.

You acknowledge that Personal Safety Training Inc., and not Apple, is responsible for providing the Services and Content as defined in these Terms of Use.

You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any support services to you with respect to the Services and Content.

To the maximum extent not prohibited by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services and Content.

Notwithstanding anything to the contrary herein, and subject to these Terms of Use, you acknowledge that, solely as between Apple and Personal Safety Training Inc., Personal Safety Training Inc. and not Apple is responsible for addressing any claims you may have relating to the Services and Content, or your possession and/or use thereof, including, but not limited, to: (A) product liability claims; (B) any claim that the Services fails to conform to any applicable legal or regulatory requirement; and (C) claims arising under consumer protection or similar legislation.

Further, you agree that if the Services, or your access to and use of the Services, infringes on a third-party's Intellectual Property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such Intellectual Property infringement claims.

You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms of Use, and that, upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Use against you as a third-party beneficiary thereof.

USING THE SERVICES: SERVICES AND CONTENT USE RESTRICTIONS.

Creating an Account. Accounts may only be set up by an authorized agency access administrator or Personal Safety Training Inc. We do not review agency accounts for authenticity and are not responsible for any unauthorized accounts that may appear on the Services. For any dispute as to account creation or authenticity, we shall have the sole right, but are not obligated, to resolve such dispute as we determine appropriate, without notice. If you are registered with us by your Agecny access administrator , you are solely responsible and liable for the security and confidentiality of your access credentials and for restricting access to your Device and for all activity under your account. Usernames and passwords must be personal and unique, not violate the rights of any person or entity, and not be offensive. We may reject the use of any password, username, or email address for any reason in our sole discretion. Agency access administrators are solely responsible for user registration information and for updating and maintaining it. Users will immediately notify agency access administrators of any unauthorized use of your account, password, or username, or any other breach of security, but will remain responsible for any unauthorized use thereafter. You will not sell, transfer, or assign your account or any account rights.

Subscriptions; In order to access certain features of the Services, you may be required to make a purchase or enter into a subscription. Moreover, some aspects of the Services may allow you to place orders for additional products.

Any deal terms presented to you at the time of subscription, or other transaction you conduct on or initiate on the Services ("Transaction") shall be considered Additional Terms. You agree to pay Personal Safety Training Inc. all charges at the prices presented to you or your agent(s). You must provide, and you authorize Personal Safety Training Inc. to charge, your chosen payment provider (your "Payment Method") when you make a purchase or subscribe to paid Services. You agree to make payment using that selected Payment Method and will only provide us information about payment methods that you are authorized to use.

Subscription fees may be automatically renewed at the end of the original term selected, for a similar period of time, unless notice is received from the subscriber thirty (30) days before renewal.Subscription fees are NOT refundable if you request to cancel or terminate your membership.

Some Transactions may be subject to taxes in certain states. Depending on your state and the nature of the product or Services you receive from us. Tax rates are different from state to state. You are responsible for paying all such taxes.

Services Use Restrictions. You agree that you will not: (i) use the Services for any political or commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products); (ii) use any meta tags or any other "hidden text" utilizing any Intellectual Property; (iii) engage in any activities through or in connection with the Services that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third-party, or are otherwise objectionable to Personal Safety Training Inc.; (iv) decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Services by any means whatsoever or modify any Services source or object code or any Software or other products, services, or processes accessible through any portion of the Services; (v) engage in any activity that interferes with a user's access to the Services or the proper operation of the Services, or otherwise causes harm to the Services, Personal Safety Training Inc., or other users of the Services; (vi) interfere with or circumvent any security feature (including any digital rights management mechanism, device or other content protection or access control measure) of the Services or any feature that restricts or enforces limitations on use of or access to the Services, the Content; (vii) harvest or otherwise collect or store any information (including personally identifiable information about other users of the Services, including email addresses, without the express consent of such users); (viii) attempt to gain unauthorized access to the Services, other computer systems or networks connected to the Services, through password mining or any other means; or (ix) otherwise violate these Terms of Use or any applicable Additional Terms.

Content Use Restrictions. You also agree that, in using the Services, you will: (i) not monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) on the Services by using any robot, rover, "bot", spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) not frame or utilize framing techniques to enclose any the Content (including any images, text, or page layout); (iii) keep intact all trademark, copyright, and other Intellectual Property and other notices contained in the Content; (iv) not use the Content in a manner that suggests an unauthorized association with any of our or our licensors' products, services, or brands; (v) not make any modifications to the Content (other than to the extent of your specifically permitted use of the Personal Safety Training Inc. Licensed Elements, if applicable); (vi) not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third-party or on any Third-Party Services, or otherwise use or exploit the Content in any way for any purpose except as specifically permitted by these Terms of Use or any applicable Additional Terms, or with the prior written consent of an officer of Personal Safety Training Inc. or, in the case of the Content from a licensor or owner of the Content; and (vii) not insert any code or product to manipulate the Content in any way that adversely affects any user experience or the Services.

Availability of Services and Content. Personal Safety Training Inc., in its sole discretion without advance notice or liability, may immediately suspend or terminate the availability of the Services and/or Content (and any elements and features of them), in whole or in part, for any reason, in Personal Safety Training Inc.'s sole discretion, and without advance notice or liability.

Age of Users. Unless otherwise specifically noted in the features made available to you, the Services, Content and any products and services appearing or marketed on the Services are intended for and directed towards the purchase and use by adults (those aged 18 years or above).

Internet Connectivity Charges. Internet connectivity is required to access the Services. Any access fees or charges applicable to your internet connectivity are solely your responsibility. Certain internet service providers, including wireless carriers, may charge fees for data connections based on the total amount of data you access. We are in no way responsible for the fees charged by or policies of internet service providers or others with whom you contract for such internet connectivity.

PRODUCT SPECIFICATIONS: PRICING; TYPOGRAPHICAL ERRORS.

We strive to accurately describe our products or services offered on the Services; however, we do not warrant that such specifications, pricing, or other content on the Services is complete, accurate, reliable, current, or error-free. As permitted by applicable law, Personal Safety Training Inc. shall have the right to refuse or cancel any orders in its sole discretion. Your orders are offers to purchase subject to our acceptance, which we may reject or cancel.

TERMINATION OR SUSPENSION.

Termination by Us. We may, upon notice to you, issue a warning, temporarily suspend, indefinitely suspend, or terminate your account or your access to all or any part of the Services for any reason in our sole discretion. In certain cases, in our sole discretion, we may provide you with a written notice (a "Restriction Notice") to inform you: (i) your right to use or access any part of the Services has been terminated, including the right to use, access or create any account thereon; (ii) we refuse to provide any Services to you; and (iii) any subsequent orders placed by you will be subject to cancellation. Other conditions may apply and shall be set forth in the Restriction Notice.

For You to Terminate. You may terminate these Terms of Use by ceasing all use of the Services and deleting all Licensed Elements from your Device.

Effect of Termination or Suspension. Following termination (by us or by you) or suspension, you will not be permitted to use the Services. Any suspension or termination will not affect your obligations to Personal Safety Training Inc. under these Terms of Use or any applicable Additional Terms. Upon suspension or termination of your access to the Services, or upon notice from Personal Safety Training Inc., all rights granted to you under these Terms of Use or any applicable Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Services. The provisions of these Terms of Use and any applicable Additional Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to Personal Safety Training Inc. in these Terms of Use, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.

DISCLAIMERS: EXCLUSIONS AND LIMITATIONS OF LIABILITY.

DISCLAIMER OF WARRANTIES AND CONDITIONS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PERSONAL SAFETY TRAINING INC., AND EACH OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, AGENTS, VENDORS, LICENSORS, LICENSEES, CONTRACTORS, CUSTOMERS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, " PERSONAL SAFETY TRAINING INC. PARTIES") PROVIDE THE SERVICE, CONTENT, PERSONAL SAFETY TRAINING INC. LICENSED ELEMENTS, OR OTHER PERSONAL SAFETY TRAINING INC. PRODUCTS OR SERVICES ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY WHATSOEVER. THE USE OF THE SERVICES IS AT YOUR SOLE RISK. WITHOUT LIMITING THE FOREGOING, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PERSONAL SAFETY TRAINING INC. PARTIES (AS APPLICABLE) DO NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, THAT THE SERVICES, CONTENT, LICENSED ELEMENTS, PERSONAL SAFETY TRAINING INC. PRODUCTS OR SERVICES WILL: (I) BE UNINTERRUPTED OR SECURE; (II) BE FREE OF DEFECTS, INACCURACIES OR ERRORS; OR (III) OTHERWISE MEET YOUR REQUIREMENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PERSONAL SAFETY TRAINING INC. PARTIES HEREBY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE, LACK OF HIDDEN OR LATENT DEFECTS, SECURITY, MERCHANTABILITY, SATISFACTORY QUALITY, QUIET ENJOYMENT AND NON-INFRINGEMENT, OR ARISING BY REASON OF CUSTOM OR USAGE IN THE TRADE OR BY COURSE OF DEALING. NOTWITHSTANDING THE FOREGOING, PERSONAL SAFETY TRAINING INC. PARTIES' LIABILITY FOR PERSONAL INJURY OR DEATH TO YOU CAUSED BY PERSONAL SAFETY TRAINING INC.PARTIES TO THE EXTENT NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW; OR ANY CAUSE OF ACTION YOU MAY HAVE AGAINST PERSONAL SAFETY TRAINING INC. PARTIES THAT IS NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW.

EXCLUSION OF DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PERSONAL SAFETY TRAINING INC. PARTIES WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST REVENUE, LOST OR CORRUPTED DATA, OR DAMAGE TO REPUTATION OR GOODWILL OR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR OTHER INDIRECT DAMAGES OR LOSSES ARISING FROM, RELATING TO OR CONNECTED WITH YOUR USE OF (OR INABILITY TO USE) THE SERVICES, CONTENT, LICENSED ELEMENTS, OR OTHER PERSONAL SAFETY TRAINING INC. PRODUCTS OR SERVICES REGARDLESS OF THE CAUSE OF ACTION ON WHICH THE CLAIM IS BASED (INCLUDING NEGLIGENCE, TORT,CONTRACT, STRICT LIABILITY, PRODUCT DEFECT OR MISREPRESENTATION), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ANY PERSONAL SAFETY TRAINING INC. PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages of any kind, including without limitation loss of profits, in connection with, or otherwise directly or indirectly related to the Services (including ALL Content), including without limitation: your use of or inability to use the Services, or the performance of the Services; any action taken in connection with an investigation by Personal Safety Training Inc. Parties or law enforcement authorities regarding your access to or use of the Services; any action taken in connection with copyright or other Intellectual Property owners or other rights owners; any errors or omissions in the Services' technical operation or security or any compromise or loss of other data or information; or any damage to any user's computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or equipment failure or malfunction. The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if the Personal Safety Training Inc. Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of God, acts of terrorism, telecommunications failure, or destruction of the Services).

EXCEPT AS MAY BE PROVIDED IN ANY APPLICABLE ADDITIONAL TERMS, TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL THE PERSONAL SAFETY TRAINING INC. PARTIES' TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICES AND YOUR RIGHTS UNDER THESE TERMS OF USE, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID PERSONAL SAFETY TRAINING INC. IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S); PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A COURT OR TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE. FOR PURPOSES OF CLARITY, THE PRIOR SENTENCE DOES NOT EXPAND OR LIMIT ANY EXPRESS, WRITTEN PRODUCT WARRANTY THAT IS PROVIDED BY PERSONAL SAFETY TRAINING INC.

ESSENTIAL PURPOSE. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS APPLY, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

GENERAL PROVISIONS.

Personal Safety Training Inc.'s Consent or Approval. As to any provision in these Terms of Use or any applicable Additional Terms that grants Personal Safety Training Inc. a right of consent or approval or permits Personal Safety Training Inc. to exercise a right in its "sole discretion," Personal Safety Training Inc. may exercise that right in its sole and absolute discretion. No Personal Safety Training Inc. consent or approval may be deemed to have been granted by Personal Safety Training Inc. without being in writing and signed by an officer of Personal Safety Training Inc.

Indemnity. As permitted by applicable law, you agree to, and you hereby, defend (if requested by Personal Safety Training Inc.), indemnify, and hold the Personal Safety Training Inc. Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys' fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Personal Safety Training Inc. Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with: (i) your use of the Services and your activities in connection with the Services; (ii) your breach or alleged breach of these Terms of Use or any applicable Additional Terms; (iiii) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Services or your activities in connection with the Services; (iv) information or material transmitted through your Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (v) any misrepresentation made by you; and (vi) the Personal Safety Training Inc. Parties' use of the information that you submit to us subject to our Privacy Policy (all of the foregoing, "Claims and Losses"). You will cooperate as fully required by the Personal Safety Training Inc. Parties in the defense of any Claims and Losses.Notwithstanding the foregoing, the Personal Safety Training Inc. Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. The Personal Safety Training Inc.Parties reserve the right to assume the exclusive defense and control of any Claims and Losses.

You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of Personal Safety Training Inc. This section is not intended to limit any causes of action against us that you may have but are not waivable under applicable law.

Operation of Services; Availability of Products and Services; International Issues. Personal Safety Training Inc. controls and operates the Services from the U.S., and makes no representation that the Services is appropriate or available for use beyond the U.S. If you use the Services from other locations, you are doing so on your own initiative and responsible for compliance with applicable laws regarding your online conduct and acceptable content, if and to the extent laws apply.

Interpretation. Headings used in these Terms of Use are for reference only and shall not affect the meaning of any terms. "Including" means "including, without limitation." The singular includes the plural and vice versa. These Terms of Use, and the applicable Additional Terms, are binding upon each party and its successors and permitted assigns.

Entire Agreement. Except for any Additional Terms that apply to your use of the Services as we may notify or make available to you, this is the entire understanding between you and us regarding the use of the Services, and supersedes all prior and contemporaneous agreements and understandings between you and us regarding this subject matter.

Severability. The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use is held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in that or any other jurisdiction.

Our Affiliates, Suppliers and Licensors. Our affiliates, suppliers, licensors and other Personal Safety Training Inc. Parties are intended third-party beneficiaries of these Terms of Use.

No Waiver. Our failure or delay to exercise or enforce any right, remedy or provision of these Terms of Use or by law will not operate as a waiver of such or any other right, remedy or provision.

Notices. Where we need to send you notices under these Terms of Use or in connection with your use of the Services, you hereby consent to receive electronic notices from us, whether addressed to the email address associated with your account or another email address that you provide to us.

To the maximum extent permitted by applicable law, you acknowledge and agree that any communication via email or by postings on the Services satisfies any legal requirement that such communications be made in writing. All legal notices to us must be sent to: Personal Safety Training Inc., P.O. Box 2957, Coeur d' Alene, ID 83816.

Force Majeure. We will not be liable to you for failing to perform our obligations under or arising out of these Terms of Use, or the applicable Additional Terms, or any applicable laws or regulations because of any event beyond our reasonable control, including a labor disturbance, an internet outage or interruption of service, a communications outage, failure by a service provider or any other third party to perform, acts of war or other action of military forces, terrorism, riot, civil commotion, sabotage, vandalism, accident, fire, flood, acts of god, strike, lock-out or other industrial disputes (whether or not involving our employees or those of our affiliates, suppliers or licensors) or legislative or administrative interference (including those giving rise to currency changes or otherwise affecting our ability to operate or provide the nook service, whether in whole or in part).

Changes to Services and Amendments to these Terms of Use. To the maximum extent permitted by applicable law, we may, in our sole discretion, change, modify, suspend, make improvements to or discontinue any aspect of the Services, temporarily or permanently, in whole or in part, at any time with or without notice to you, and we will not be liable for doing so. We reserve the right from time to time to modify these Terms of Use in our sole discretion. Your use of the Services after any modification we make constitutes your acceptance of the most recent version of these Terms of Use as modified.

Assignment. These Terms of Use and all your rights and obligations under it are not assignable or transferable by you without our prior written consent. We may freely assign, transfer, or delegate these Terms of Use or any of our rights and obligations under it.

Contact Information. For help with the Services or if you have any questions regarding the Services or these Terms of Use, please contact: Personal Safety Training Inc., P.O. Box 2957, Coeur d' Alene, ID 83816, personalsafetytraining.com, 208-664-5551