Terms And Conditions

Terms and Conditions - My legal mumbo jumbo.

(expertly crafted by Finley Gibbs and Bill Marsillo)

TERMS AND CONDITIONS REQUIRED FOR USE OF THE SITE AND THE CONTENT RELATED TO FIGHT SMART AND THE FIGHT SMART SHOP

These are the Terms and Conditions (hereinafter referred to as "Terms" or "Terms and Conditions") for the Fight Smart website (howtofightnow.com or any other URL or website name we may in the future use to make materials or services available, hereinafter referred to as the "Site")

and any related emails, videos, mp3’s, documents, products, etc. (hereinafter referred to as “Content”), owned and operated by Babylon Training Studios, LLC, d/b/a Fight Smart and all related and affiliated persons and entities whatsoever (hereinafter referred to as “Fight Smart,” "us,” "we,” or "our"). With regard to Travis Roesler (hereinafter referred to as “Trav”) and anyone who appears with Trav in any video or lesson provided, all such appearances and actions are taken under umbrella of and for the benefit of Babylon Training Studios, LLC, d/b/a Fight Smart. Although Trav appears in most of the videos and provides the narration and expertise, all Trav’s actions are by and through Fight Smart and are therefore legally indistinguishable from Fight Smart. “You,” “Your” and similar terms referred to throughout this set of Terms are You, the user of this Site and/or the Content within.

All terms and conditions herein refer to the viewing and use in any way of the Content, information contained within all products sold in this website, all videos produced by Fight Smart, starring Trav in any location on the Internet or stored locally on any device in your custody or control. Additionally, all terms and conditions refer to the revocable license provided to you whenever you view Content or purchase a program (series of informational videos found on the Site) in accordance with and subject to, the Laws of the State of Pennsylvania. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Your access to and use of the Site is by and through and conditioned upon your acceptance of and consent to comply with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Site.

Additionally, you are hereby advised that Fight Smart reserves the right to change the Terms of Use from time to time at its sole discretion. Your use of the Site and the Content will be subject to the most current version of the Terms and Conditions posted on the Site at the time of such use. When using Content on the Site, you shall be subject to any posted guidelines or rules applicable to such Content that may contain terms and conditions in addition to those in the Terms of Use. All such guidelines or rules are hereby incorporated by reference into the Terms and Conditions.

If you breach any of the Terms and/or Conditions, your authorization to use the Site and Content shall automatically and instantaneously terminate at the time of such breach and you are required to immediately destroy any Content obtained, downloaded, related to, or printed from the Site. Inaction on the part of Fight Smart after a breach on your part shall not be considered a waiver, but instead, Fight Smart retains all powers granted herein, despite any delay or failure to act when presented with a breach by any user herein.

These Terms Are a Contract

These Terms and Conditions of Service (“Terms”) govern your use of, access to, participation in, and posting or contribution to http://www.howtofightnow.com and any promotion, competition, content, program, product, service, activity, training, and application (collectively, the “Site” and/or “Content”) offered on or made available or sponsored by howtofight.com and Babylon Training Studios LLC d/b/a “Fight Smart” and any parent, subsidiary, affiliate, director, officer, member, manager, and representative thereof (collectively, “Fight Smart”).  BY ACCESSING OR USING THE WEBSITE (INCLUDING USE OF, ACCESS TO, PARTICIPATION IN, AND POSTING OR CONTRIBUTION TO THIS SITE, ANY PROMOTION, COMPETITION, CONTENT, PROGRAM, PRODUCT, SERVICE, ACTIVITY, TRAINING, AND APPLICATION), YOU AGREE TO BE BOUND BY THESE TERMS.  THESE TERMS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND FIGHT SMART.

By using the Site and Content, you represent that you have the legal capacity to enter into and be bound by the Terms.  If you do not agree to these Terms, you may not use the Site and/or Content for any reason, including as a participant in any promotion, competition, program, product, service, activity, or training offered by Fight Smart. These Terms replace and supersede any other terms or agreements relating to your use of or access to the Site, including any prior terms of service or any other material. Specific terms may govern certain Fight Smart promotions, competitions, programs, products, services, or training (“Specific Terms”). If you participate in or use any promotions, competitions, programs, products, services, or training, please review the applicable rules. If the Specific Terms conflict with these Terms, the Specific Terms will apply.  Use of the Site and the Content is also subject to a Privacy Policy that is incorporated herein. Fight Smart may in its sole discretion and at any time and for any reason deny anyone’s access to or use of the Site and/or Content in whole or in part, deny or terminate anyone’s participation in or use of any promotions, competitions, programs, products, services, or training, or cease offering the Site or any portion thereof. Fight Smart has no obligation to provide you unfettered use of or access to the Site and/or Content and has no obligation to provide any maintenance or support services in connection with the Site and/or Content.

ASSUMPTION OF RISK OF INJURY AND/OR DEATH TO YOURSELF OR OTHERS

First, in plain language, any time you engage in any type of physical combat, be it on the street, in warfare, as a law enforcement officer, in the ring, training (or practicing) in combat sports, or wrestling with your friends (all such activities are hereinafter referred to as “Fight(s)”), you increase the danger of physical injury and death to yourself and others!  Many times, throughout these videos, Trav makes jokes about horrible injuries to people, death and worse (whatever that would be). These jokes are in part made to help lighten the situation/mood because people who engage in or practice these Fight activities cannot be completely safe, or free from injury or death. While the Content of this Site is not unreasonably dangerous in of itself, utilizing these techniques contained within the Content at moderate or full force can cause serious physical injuries, even death (there are plenty of people who practice martial arts or Fight who escape any injury, but even Fight Smart’s lawyer has suffered a broken nose, several broken toes, sprains, strains, numerous cuts and bruises – bad for an old guy!!).

Realistically, engaging in any type of martial arts or Fight activity bears an inherent degree of physical risk.  You can tear muscles, fall, suffer brain injuries, etc., even when you're not engaging in a Fight, but just practicing techniques, similar to the ones found on the Site.  Practicing combat sports can be dangerous in and of itself, and even when executing perfect technique, you may be injured or killed. The act of physically fighting or even sparring bears an additional and significantly greater degree of risk of such injuries (and could put you in legal peril as well). 

NONE OF THE TECHNIQUES, RECOMMENDATIONS, JOKES OR COMMENTS ON THE SITE OR MADE BY TRAV AT ANY POINT ARE INTENDED TO BE USED OR EXECUTED IN ANY SITUATION OTHER THAN AN APPROPRIATE, LEGAL SELF DEFENSE RESPONSE WHICH DIFFERS FROM STATE TO STATE IN THE UNITED STATES. As a part of these Terms and Conditions, you agree to consult the laws pertaining to assault (or its equivalent in your state) and self defense laws applicable to you, as Fight Smart cannot and will not assume legal liability for decisions you make “in the heat of the moment” or otherwise related to Fights, training or self-defense situations.

By using this Site and the Content, including the techniques and skills involved, you are voluntarily and of your own free will doing so with full knowledge and understanding of the hazards involved, including injury or death to yourself or others. Babylon Training Studios, LLC d/b/a Fight Smart expressly denies and disclaims any liability which may be created by the use of this Content, which is “As is” and to be “Used at your own Risk!” Without the ability of Fight Smart personnel to guide you in person at your location through the Content herein, the pace you use to proceed through the Content on the Site and whether you use said Content in physical contests (fights) is AT YOUR OWN RISK AND YOU AGREE TO ACCEPT FULL RESPONSIBILITY FOR THOSE RISKS!!

THE INFORMATION IN THE SITE AND CONTENT IS FOR INFORMATIONAL USE ONLY.

BY USING THIS SITE AND THE CONTENT, YOU AGREE THAT YOU ARE PHYSICALLY AND MEDICALLY CAPABLE OF TRAINING AND FIGHTING, ALSO THAT YOU ASSUME ALL RISKS INVOLVED OF ANY TYPE AND AGREE TO INDEMNIFY AND HOLD HARMLESS FIGHT SMART AND ALL AGENTS, EMPLOYEES, MEMBERS, TRAV, ASSISTANTS AND RELATED PERSONS OF ALL KINDS. THIS INCLUDES PAYING FOR THE LEGAL DEFENSE OF FIGHT SMART AND ALL ASSOCIATED PERSONS AND ENTITIES SHOULD ANY PERSON FILE ANY TYPE OF CLAIM, TORT OR OTHERWISE AGAINST FIGHT SMART FOR ANY INJURY OF ANY TYPE WHICH IS CLAIMED TO BE RELATED TO THE SITE, THE CONTENT IN THE SITE, OR THE USE OF THE SAME IN ANY WAY IN WHICH A PERSON CLAIMS YOU USED THE CONTENT HEREIN INAPPROPRIATELY. WITH REGARD TO CLAIMS YOU MAY MAKE AGAINST FIGHT SMART, THESE TERMS AND CONDITIONS INCLUDE A PROVISION FOR ARBITRATION AND YOU IRREVOCABLY WAIVE ANY RIGHT TO TRIAL BY JURY OR JUDGE BY USING THIS SITE OR THE CONTENT HEREIN.

Limitation Of Liability

By using the Site and the Content, you agree that in no event shall Babylon Training Studios, LLC, d/b/a Fight Smart, nor their members, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, personal injury or death, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Site; (ii) any conduct or content of any third party on the Site; (iii) any content obtained from the Site; (iv) your use of the Content in a Fight, or your attempts to train the Content or techniques provided on the Site, and (v) unauthorized access, use or alteration of your communications or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not Fight Smart has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed. The exclusive jurisdiction and venue for any action under these Terms not within the scope of the Arbitration provision shall be in Philadelphia Pennsylvania, under the laws of Pennsylvania. YOU IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING UNDER THIS SECTION, INCLUDING IN ANY COURT OF LAW.

Arbitration of Any Dispute With Fight Smart

You and Fight Smart agree that any dispute, claim, or controversy arising out of or relating to (a) these Terms, including the breach, interpretation, or validity thereof, or (b) your access to or use of the Site at any time, including your participation in, use of, or reliance on any training, activity, promotion, product, service, or competition provided, sponsored, endorsed, promoted, marketed, offered, or described on the Site or otherwise by Fight Smart (including all parties and persons related to Fight Smart as detailed in these Terms and Conditions), will be settled by binding arbitration. You further agree that you waive any right to (and will not) bring any class, collective, or representative action against Fight Smart (and related parties), and that you will not participate in, seek to obtain, receive, or benefit from any monetary or other relief recovered in connection with any class, collective, or representative action brought against Fight Smart by someone else. You also waive the right to a trial by jury, no matter whether such right exists and is or may be Constitutional, as these Terms and Conditions function as a contract between You and Fight Smart.  

However, you and Fight Smart each retain the right to bring an individual action in a small claims court.  Fight Smart also retains the right in its sole discretion to seek injunctive or other equitable relief in a court of competent jurisdiction (as defined herein) to prevent the actual or threatened infringement or misappropriation of any intellectual property right.

The arbitration will be administered by JAMS in accordance with the JAMS Commercial Arbitration Rules then in effect, except as modified by these Terms. The arbitrator selected by the parties shall have exclusive authority to resolve all disputes relating to the interpretation, applicability, or enforceability of the Terms (or any Specific Terms as the case may be), including this Arbitration provision. The Arbitrator will determine all threshold arbitrability issues, including any claim or defense of waiver or estoppel.

Notwithstanding any choice of law or other provision in the Terms, the parties agree that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern the interpretation and enforcement of this Arbitration provision. If the FAA and JAMS Rules are found to not apply to any issue, then that issue shall be resolved under the laws of the State of Pennsylvania without regard to any choice or conflict of laws.

The party initiating arbitration must provide the other party with a written demand for arbitration as set forth in the JAMS Rules (“Demand”). The arbitrator will be selected by the parties from the JAMS roster within twenty-one (21) days of the date of receipt of the Demand. If the parties are unable to agree upon an arbitrator within twenty-one (21) days of receipt of the Demand (or such other time period the parties may agree upon), then JAMS will appoint the arbitrator pursuant to JAMS Rules.

The arbitration will be conducted in Philadelphia, Pennsylvania. If the value of your claim does not exceed $10,000.00 (Ten Thousand Dollars and no hundredths), then the arbitration will be conducted solely on the basis of documents and with limited document discovery (and no depositions, interrogatories, or other discovery device), unless the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000.00 (Ten Thousand Dollars and no hundredths), the arbitrator will have the discretion to direct reasonable but limited discovery, including depositions, interrogatories, and document requests, consistent with the objective for the arbitration to be expedited and cost-efficient.

The arbitrator will render an award to the parties promptly after the close of the arbitration hearing but in no event later than 60 days following the close of the arbitration hearing or following the close of briefing by the parties if there is no hearing. Without limiting in any way Fight Smart’s right to seek equitable relief in a court to protect its intellectual property, the arbitrator may award equitable relief (including declaratory or injunctive relief) in connection with any claim or counterclaim.

The prevailing party in the arbitration will be entitled to recover costs and expenses it incurred, including all arbitrator fees and administrative costs related to the arbitration, as well as all attorneys’ and experts’ fees, costs, and expenses.  To the extent there is any question as to which party is the “prevailing party,” the parties will each submit a letter not to exceed 3 pages to the Arbitrator, who will decide the issue. The Arbitrator may decide that one party is a prevailing party as to all claims and defenses or that each party prevailed on a claim(s) or defense(s) and allocate costs and expenses (including attorneys’ and experts’ fees) accordingly.

Disclaimer

Your use of the Site is at your sole risk. The Site is provided on an "AS IS" and "AS AVAILABLE" basis. The Site is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Babylon Training Studios, LLC, d/b/a Fight Smart,  their subsidiaries, affiliates, and their licensors do not warrant that a) the Site will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Site is free of viruses or other harmful components; or d) the results of using the Site will meet your requirements or protect you in a Fight or other similar scenario.

Further, although Trav jokes about unstoppable techniques, etc., in some of the videos, no technique is truly unstoppable when attempted or delivered by a human being. While Fight Smart believes that learning and practicing the techniques and philosophies in Fight Smart’s videos, Content and on their Site will make you a better Fighter, it is not always possible to get the best result out of training with videos. Even learning and practicing them with a partner does not guarantee success. There is a lot of luck in a Fight, period, and there is always someone faster, stronger, better trained than you are. To the extent that you wish to rely on a warranty of fitness for a specific use or any warranty, whatsoever, those warranties are not claimed or asserted and are specifically rejected by Fight Smart. By using this site, you acknowledge and also disclaim any such warranties.

The limitations of liability in this section apply even if we have been or our authorized representative has been advised of the possibility of such damages. You agree that the limitations of liability set forth in this section will survive any termination or expiration of these terms and will apply even if any limited remedy is found to have failed its essential purpose. If this clause is unenforceable in whole or in part in any jurisdiction, then in no event shall fight smart’s total liability to you for all damages, losses, and claims (whether in contract or tort, including but not limited to negligence) exceed the out-of-pocket amount actually paid by you to Fight Smart, if any and as applicable, for accessing the Site or Content, for purchasing a product or service, or for entering any promotion or competition offered by fight smart.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Indemnification

By using the Site and the Content, You agree to defend, indemnify and hold harmless Babylon Training Studios, LLC, d/b/a Fight Smart, Trav, any person affiliated with Fight Smart and its licensee and licensors, and their employees, contractors, agents, members, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to court costs and attorney's fees), resulting from or arising out of a) your use and access of the Site, by you or any person using your account and password; b) a breach of these Terms, c) any Contest or Fight you may participate in, d) any injury or death to yourself or others which is claimed by any person to be caused by the Site or the Content, or e) Generally related to the Content posted on the Site.

Errors on the Site

The information found on the Site may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Site and Fight Smart cannot guarantee the accuracy or completeness of any information found on the Site. Fight Smart, then, reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

What happens when you Create an Account on the Site

By creating an Account on Fight Smart’s Site, you agree to subscribe to emails, newsletters, marketing or promotional materials and other information Fight Smart may, at its option provide to you. You can stop receiving these items from us by following the unsubscribe link in any such item we provide.

When you create an account with us, you state and warrant that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Provision by you of inaccurate, incomplete, or obsolete information means that you then have no license to view or utilize any Content on this Site and may result in the immediate termination of your account with no further notice to you.


You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for any and all activities or actions that occur using your account and/or password, whether your password is with the Site or any third-party service. You agree to notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.


We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Buying Products from Fight Smart’s Site

If you wish to purchase any training product or item or service available through Fight Smart on this Site ( hereinafter referred to as "Purchase"), you will need to supply personal information relevant to the Purchase including (without limitation), your credit card information (including the expiration date of your credit card, your billing address, and your shipping address).

1) Whenever you supply us such information, you state and warrant that: (a) you have the legal right to use any such credit card(s) or other payment method(s) in connection with any Purchase; and that (b) the information you supply to us is true, accurate and complete.


2) Fight Smart’s Site may use third party services for payment fulfillment and finalization of Purchases. By supplying your information, you grant us the right to supply the same information to third parties. Whenever possible, any time Fight Smart supplies your information to third parties for payment and fulfillment purposes, Fight Smart will observe the Privacy Policy.


3) We reserve the right to refuse or cancel your order at any time for any reason, including but not limited to (a) product or service availability, (b) errors in the description or price of the product or service, (c) error in your order, (d)  if fraud or an unauthorized or illegal transaction is suspected or for other reasons.


4) Some products, services, Content or features offered on the Site or otherwise by Fight Smart are billed on a subscription basis (“Subscription”). For any Subscription, you will be billed in advance on a recurring basis, such as monthly or annually. At the end of each billing period, your Subscription will automatically renew under the same conditions unless you or Fight Smart cancels it. You may cancel your Subscription renewal only through your Online Account.  Fight Smart reserves the right in its sole discretion and at any time, to change the Subscription fee for any Subscription. If you continue your Subscription after any Subscription fee change takes effect, you agree to agree to pay the new Subscription fee amount. Fight Smart is not liable for any amount above the amount received after cancelation for accidental continuation of a Subscription after You have properly canceled the same on your Online Account.


Fight Smart may also in its sole discretion offer a free trial period in connection with any Subscription or other product or service (“Free Trial”). You may be required to enter billing or other information in order to sign up for the Free Trial. Unless you cancel your Subscription, on the last day of the Free Trial period, you will be automatically charged the applicable fee. Fight Smart reserves the right in its sole discretion at any time and for any reason, and with or without notice, to (i) change the terms and conditions of the Free Trial, or (ii) cancel it entirely.


In the event of a failed, canceled, or paused subscription payment, you will lose access to your training materials and you will need to contact support to reinstate them after completing any remaining payments owed.

Refunds

For some "Training Programs" provided by Fight Smart and available on the Site and elsewhere, Fight Smart offers a 30-day money back, satisfaction guarantee (if stated in the ad).  For MP3 downloads we offer no refund policy, as you can't "return" a digital download. There is also no refund available on the "All Access Pass" or "Virtual Dojo". These products offer Fight Smart’s entire library of coursework with a combination of digital downloads, and as such, it cannot be returned. 

Abuse of the refund policy will not be tolerated.  All customers are entitled to one refund, on products where the refund policy applies, and any additional refunds will be examined on a case by case basis.  If it is found that a customer is showing a pattern of buying products, viewing the materials in the product, and then asking for a refund, we have the right to deny that refund.  Refunds granted for a product will not be granted a second time; customers do not get to try the same program twice.

For apparel and merchandise, we offer a 14 day return policy if the item is defective or not as described.  Users will be asked for feedback and/or a reason for refund as consideration within this agreement so that Fight Smart may improve its products.

Users will be asked for feedback and/or a reason for refund as consideration within this agreement so that Fight Smart may improve its products.  If a user refuses or fails to provide a reason for the refund, the user is not entitled to a refund, and can be denied at Fight Smart's discression.

Contests

Any contests, sweepstakes or other promotions (collectively, "Contests") made available through the Site or emails or otherwise through Fight Smart may be governed by rules that are separate from these Terms & Conditions. If you participate in any Contests, please review the rules for that Contest as well as our Privacy Policy. If the rules for a Contest conflict with these Terms and Conditions, the Contest rules will apply. Any Contest you elect to participate in will be solely at your own risk and you agree that Fight Smart is in no way liable for any injury which may result to yourself or others related to any Contest in which you elect to participate. You further agree that if there is litigation related to any Contest with or from Fight Smart you participate in, you will indemnify and hold harmless Babylon Training Studios, LLC, d/b/a Fight Smart and all parties related to Fight Smart.

Content, User and Fight Smart

Fight Smart may at times allow you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("User Content"). You are responsible for the User Content that you post on the Site or with Fight Smart, including making a determination of whether it is legal or copyrighted.

By posting User Content on or through Fight Smart and/or the Site, You state and warrant that: (1) the User Content was created by you and/or you have the right to use it and the right to grant us the rights and license to use as Fight Smart sees fit as provided in these Terms, and (2) that you grant an irrevocable, total and permanent license to Fight Smart to use whatever of your User Content that Fight Smart deems necessary in any way that Fight Smart chooses to. (3) that the posting of your User Content on or through Fight Smart or the Site does not violate the privacy, copyrights or any other rights of any person or entity. Fight Smart reserve the right to terminate the account of anyone found to be infringing on a copyright or some person or entity’s other rights.


You are responsible for protecting your rights with regard to anything you post on Fight Smart. Fight Smart and the Site assume no liability for User Content you or any third party posts on or through the Site. Whenever you post User Content using the Site you grant Fight Smart the right and license to use, modify, publicly display, reproduce, and distribute such User Content on and through the Site. You agree that this license includes the right for us to make your User Content available to other users of Fight Smart and the Site, who may also use your User Content subject to these Terms. Fight Smart has the right but not the obligation to monitor and edit all User Content provided by users.


Of course, all Content currently or in the future, found on or through the Site is the property of Babylon Training Studios, LLC, d/b/a Fight Smart and may only be used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from Fight Smart.

Intellectual Property

The Site and its original Content (excluding User Content provided by users), design, programming and function are and will remain the exclusive property of Fight Smart and its licensors. This Site is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and Copyrighted items may not be used in connection with any product or service without the prior written consent of Fight Smart.

All intellectual property rights in and to the logos, trademarks, copyrights, trade dress, trade names, designs, photos, videos, and other material, which may include certain footage (video and audio), photographs, text, images, and other media and intellectual property related to or otherwise associated with Fight Smart (collectively, the “Fight Smart Property”) on the Site and in the Content is owned by Fight Smart. The Site, its content and the Content, including the design, layout and “look and feel” are included within the scope of Fight Smart Property, and are protected by intellectual property rights and laws. By agreeing to the Terms you agree and acknowledge that you cannot and are prohibited from copying, distributing, or otherwise using in any way any of the Fight Smart Property in whole or part in any way inconsistent with all applicable laws, including any “fair use” provisions in the United States Copyright Act.  Nothing on the Site or in the Content grants you any license or right to any Fight Smart Property. Moreover, no access to or use of the Site or the Content transfers any right, title, or interest in or to any part of the Site, its content, the Content or any Fight Smart Property to you.

Termination

Fight Smart may terminate or suspend your account and bar access to the Site immediately, without prior notice or liability, at our sole discretion, for any reason whatsoever and without limitation or notice, including but not limited to a breach of the Terms and Conditions provided herein. Any account holder suspected of stealing, unauthorized reproduction or distribution of proprietary material, or making offensive, slanderous, libelous, and defamatory remarks will have his or her account terminated immediately, at the expense of the account holder.  1) Failure of Fight Smart to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option herein, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision, 2) If you purchase a product and issue a 'credit card chargeback' or a PayPal dispute, your account will be immediately terminated, and no new account will be granted, 3) If you wish to terminate your account, you may simply discontinue using the Site. No additional action is required, 4) All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Privacy Statement

We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only will use any information collected from You.

We will not sell, share, or rent your personal information to any third party (with the exception of payment information for purchases and then only to the third party payment processor, who ostensibly will protect such information) or use your e-mail address for unsolicited mail not related to Fight Smart. Any emails sent by Fight Smart will only be in connection with the provision of agreed services and products or new products available through Fight Smart.

Cookies

Like most interactive web sites the Site [or ISP] uses cookies to enable Fight Smart to retrieve user details for each visit. Cookies are used in some areas of the Site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies.

Use of Software

The software and accompanying documentation that are made available to download from the Site or that are necessary to access certain portions of the Site may be the copyrighted work of Fight Smart and/or its affiliates, suppliers, third parties, or a third-party software provider wholly unrelated to Fight Smart. Use of the software is governed by the terms of the end user license agreement that accompanies or is included with such software. If you do not agree to such terms, you may not be able to use the software. You may not decompile, reverse engineer, or otherwise attempt to discover the source code of the software available on the Site.

Links to this website

You may not create a link to any page of the Site without our prior written consent. If you do create a link to a page of the Site you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.

Links from the Site

Fight Smart does not monitor or review the content of other parties’ websites which may be or are linked to from the Site or from an email from Fight Smart or Trav. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by Fight Smart and Fight Smart should not be regarded as the publisher of such opinions or material. Please be aware that Fight Smart is not responsible for the privacy practices or content of these sites. We encourage you to be aware when you leave our Site and to read the privacy statements of these other sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. Fight Smart will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information. You acknowledge and agree that Fight Smart is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

Log Files

Fight Smart uses IP addresses to analyze trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within Fight Smart on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

General Legal, Choice of Law and Jurisdiction.

The laws of the State of Pennsylvania and the United States of America govern these terms and conditions. For all disputes arising out of or relating to your access to this website (and/or your purchase or use of any of our products or services) that are not covered by the arbitration provision above, you consent to the exclusive jurisdiction of the Pennsylvania State courts, specifically those in Chester County, Pennsylvania, waiving all rights to contest said jurisdiction or venue, and to the use of Pennsylvania Law in any dispute in said courts. If any of these terms are deemed invalid or unenforceable by an arbitrator or by a court of competent jurisdiction (Chester County, State of Pennsylvania) for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms, having no further effect, and all the remaining terms will continue to apply with full force and value. If litigation occurs related to the access or use of the Site, Content, User Content, a Fight or any other materials contained within the site, or any products or services made available in any way by Fight Smart, you agree that the prevailing party will be entitled to recover reasonable costs and expenses it incurred, including attorneys’ and experts’ fees, costs, and expenses of any kind. To the extent there is any question as to which party is the “prevailing party,” the court will resolve the issue as permitted under applicable rules and laws and issue a court order pertaining to such finding. 

Contact Us

If you have any questions about these Terms, please contact us.

Copyright and Trademark Notice


Copyright and other relevant intellectual property rights exist on all text relating to Fight Smart’s services, Content and the full content of the Site.


Fight Smart’s logo is a registered trademark in the United States. The brand names and specific services of Fight Smart featured on the Site are trademarked.


 


© Babylon Training Studios, LLC, d/b/a Fight Smart, 2022 All Rights Reserved

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