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Real Combat Online Terms of Use

ACCEPTANCE OF TERMS
RealCombatOnline.com or RCOmagazine.com (RCO) provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you.

DESCRIPTION OF SERVICE
RCO provides users with access to a rich collection of resources through its network of properties (the "Service"). The Service includes a full copy of the current RCOmagazine.com site and special content features.

You are responsible for obtaining access to the Service by subscribing through RCO's Subscription Page or opting into the Free Trial Pass service and understand that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Service.

MODIFICATIONS TO SERVICE
RCO reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that RCO shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

RCO may change, add or remove any part of this Agreement, or any other terms associated with the use of the site, at any time, by posting a notice of such changes to the Terms of Service page of the Web site. Any changes shall become part of the Agreement and shall apply as soon as such a notice is posted. By continuing to use RCO after the notice is posted, you are indicating your acceptance of those changes.

FEES AND PAYMENTS
RCO will charge you fees to become a subscriber. In order to use the Service or designated portions of the Service you will be required to register and create an account. You agree to pay all fees and charges, including applicable taxes, incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred. RCO reserves the right to change the amount of, or basis for determining, any Fees, and to institute new Fees, effective upon prior notice to you.

In order to set up a subscription with RCO you must provide RCO with valid credit card information. By submitting such credit card information, you give RCO permission to charge all Fees incurred through your account to the credit card you designate on the Registration Form. All Fees (other than renewal fees) will be charged at the time they are incurred.

REGISTRATION AND ACCOUNT CREATION
As part of the registration and account creation process required to obtain access to RCO's service, you will select a subscriber ID (username) and a password. You will provide RCO with certain registration information, all of which must be accurate and updated (if any of your registration information changes, you can update it by visiting our Edit Account page). You will be solely responsible for maintaining the confidentiality of your password. You are solely responsible for all usage or activity on your RCO account including, but not limited to, use of the account by any person authorized by you to use your subscriber ID and password.

NON-TRANSFERABILITY OF SUBSCRIPTION
Your right to use this site is personal to you and you may not sub-license, transfer, sell or assign this agreement to any third party without our approval. Any attempt to do so will be void.

SUBSCRIPTION RENEWAL AND CANCELLATION
RCO will automatically renew and charge your account depending on the subscription program that you chose during enrollment. You give permission to RCO to automatically charge your subscription fee to your credit card annually or monthly depending on your subscription program. However, you may "opt out" of this automatic renewal at any time by visiting your Edit My Account page here and indicating your preference. Or, at any time prior to the end of the applicable billing period (month, year, every other year), you may give RCO notice by e-mail to help@RCO.com that you do not wish to renew your account. Also, RCO will e-mail one and two year subscribers approximately one month before such a renewal and give them the opportunity to cancel their subscriptions. RCO will cancel your account upon receipt of such notification from you. Please note that monthly subscribers will not receive this e-mail.

The renewal charge will be equal to your original sign-up price, unless you are otherwise notified in advance (electronically) by RCO.

You may cancel a one or two year subscription and receive a full refund if you make your cancellation and refund request to this e-mail address, help@RCO.com, within 30 calendar days from the day you signed up. No other refunds will be offered.

You may cancel a monthly subscription at any time but will not receive a refund for your subscription fee.

Refunds to subscribers to special offers like free books, magazines, CDs, the Powell's Books program and other services and items will be reduced by the amount of the retail price of, and shipping costs associated with the special offer item.

Free Trial Passesuser access to RCO will end 18 hours after the access was granted. Free Trial Passesusers may occasionally, under certain conditions, take advantage of more than a single day pass but RCO reserves the right restrict day pass usage to a single pass per computer.

SPONSORS, THIRD PARTIES AND ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, sponsors, third parties or advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such sponsor, third party or advertiser. You agree that RCO shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such sponsors, third parties or advertisers on the Service.

SPECIAL OFFERS
From time to time RCO may offer limited-time incentives that subscribers may choose to opt-in to receive as part of their subscription. These incentives may include, but are not limited to, free books, videos, DVD's, training equipment special discounts on seminars or events and various services. The following restrictions apply to these incentives:

  • Cost considerations dictate that shipping must be restricted to addresses within the United States.
  • Current subscribers to the magazine and other services that we offer as incentives are not eligible for these offers.
  • By chosing to receive these incentives as part of a Premium subscription you forgo your right to a refund if you cancel your annual subscription within the first 30 days of your subscription period.

LINKS
RCO may provide, or third parties may provide, links to other World Wide Web sites or resources. Because RCO has no control over such sites and resources, you acknowledge and agree that RCO is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, accuracy, quality, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that RCO shall not be 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 site or resource.

DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. RCO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

b. RCO MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, (vi) OR THAT THIS WEB SITE, ITS CONTENT, AND THE SERVERS ON WHICH THE WEB SITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RCO OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

e. THIS WEB SITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, DATA, QUOTES OR OTHER INFORMATION CREATED BY RCO OR BY THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT IN THIS SITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE.

f. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THE SITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY RCO AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES.

LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT RCO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RCO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 6 AND 7 MAY NOT APPLY TO YOU.

TRADEMARK INFORMATION
All materials on this site ("Online Materials"), including, without limitation, names, logos, trademarks, service marks, images, articles, columns, graphics, photographs, illustrations, artwork, audio clips, video clips, software, and other elements making up the Service are protected by copyrights and other intellectual property rights owned and controlled by RCO or by other parties that have licensed their material to RCO. Except as specifically provided herein, no Online Materials may be copied, reproduced, republished, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, without the prior written permission of their respective owners. You may not add, delete, distort, or otherwise modify the content on this site. Any unauthorized attempt to modify any Online Material, to defeat security features, or to utilize this site for other than its intended purposes is prohibited.

RCO, RCOmagazine.com, Real Combat and all other RealCombatOnline.com logos, articles, columns or service names are trademarks of RCO Magazine. All other trademarks appearing on the Site are trademarks of their respective owners and our reference to them does not imply or indicate any approval or endorsement by their owners unless such approval or endorsement is expressly made. It is understood that RCO is a news and information site and service and that references to other names and trademarks are necessary in the course of providing information, news and commentary about the subjects that this site covers. RCO will enforce its intellectual property rights to the fullest extent of the law.

If you suspect that RCO's content or trademarks are being misused please contact RCOmagazine@cox.net as soon as possible.

NON-WAIVER
The failure of RCO to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

HEADINGS FOR CONVENIENCE ONLY
The section titles in the TOS are for convenience only and have no legal or contractual effect.

INDEMNIFICATION:
You agree to indemnify, defend and hold RCO harmless from any claims and expenses, including reasonable attorneys' fees, arising from or related to any breach by you of any terms of this Agreement.

LETTERS TO THE EDITOR OR OTHER SUCH COMMENTS OR MATERIALS:
Any comments, materials, or letters sent by you to RCO regarding the site, including without limitation, questions, comments, suggestions, criticisms or the like ("Received Materials") shall be deemed to be non-confidential and free of any claims of proprietary or personal rights unless you explicitly state in the correspondence that the letter is "not for publication" and contains "private and proprietary" information that may not be distributed. RCO shall have no obligation of any kind with respect to such Received Materials and RCO will be free to reproduce, use, disclose, exhibit, display, transform, edit, abridge, create derivative works from and/or distribute the Received Materials without limitation or restriction. Furthermore, RCO is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to RCO for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information, without compensation or any other obligations to anyone, including you.

RESTRICTIONS ON USE:
You may not use RCO or its content for any illegal purpose or in any manner inconsistent with these Terms and Conditions. You agree to use RCO solely for your own noncommercial use and benefit and not for resale or other transfer or disposition to any other person or entity.

SEVERABILITY:
If any provision of this Agreement is found invalid or unenforceable, the provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in force.

ENTIRE AGREEMENT:
This Agreement and any other terms and conditions of service on http://www.RealCombatOnline.com or http://www.RCOmagazine.com constitute the entire agreement between you and RCO and govern your use of the Service.

REFUSAL OR DISCONTINUANCE OF SERVICE:
RCO reserves the right to refuse or discontinue service to any user for non-compliance with these Terms and Conditions.

CHOICE OF LAW AND FORUM:
This Agreement will be governed by the laws of the State of Arizona. Any dispute arising from the terms of this agreement or breach of this agreement will be governed by the laws of the State of Arizona and you agree to personal jurisdiction by the state and federal courts sitting in Phoenix, Arizona. The parties hereby expressly waive trial by jury in any action, proceeding or counterclaim brought by either of the parties against the other on any matters whatsoever arising out of or in any way connected with these Terms and Conditions and agree to submit to binding arbitration.

WARNING AND DISCLAIMER:
REAL MARTIAL ARTS AND WEAPONS TRAINING IS DANGEROUS BUSINESS AND SHOULD ONLY BE PRACTICED UNDER THE SUPERVISION OF QUALIFIED PROFESSIONALS. USE OR PRACTICE OF THE ADVICE, CONCEPTS, TECHNIQUES OR TACTICS HEREIN COULD SUBJECT THE USERS TO SEVER INJURY OR EVEN DEATH. THEREFORE THE READER ASSUMES ANY AND ALL RESPONSIBILITY FOR THE USE OR MISUSE OF ANY AND ALL INFORMATION IN RCO MAGAZINE AND BY DOING SO INDEMNIFIES THE PUBLISHERS AND CONTRIBUTORS AGAINST ANY AND ALL LIABILITY.

LIMITATION OF LIABILITY:
IN NO EVENT WILL REAL COMBAT ONLINE BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FOR USE OF THIS SITE OR ANY INFORMATION OR ADVICE CONTAINED HEREIN OR ANY OTHER HYPER LINKED WEB SITES INCLUDING, WITHOUT LIMITATION, PERSONAL INJURIES, LOST WAGES, PROFITS OR REVENUES, MEDICAL COSTS, LOSS OF DATA OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF REAL COMBAT ONLINE IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES.

I HAVE READ AND UNDERSTOOD THIS SUBSCRIBER AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS.

 

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