Last Updated on 13th April 2019
Welcome to Real World Warriors. We look forward to helping You grow Your on-line sales beyond anything You have done before, so You can take Your business as far as You can imagine. This Agreement sets forth Your rights and obligations as a Real World Warriors User. By clicking “I Agree,” You indicate that You have read and understood this Agreement and You will be bound by its Terms.
A. “Real World Warriors” is a trademark of TetraKey Ltd, and also refers to proprietary TetraKey Ltd intellectual property.
B. “TetraKey” means TetraKey Ltd, the owner of the Real World Warriors and other trademarks. In this Agreement, references to “TetraKey” as a Party mean and refer to TetraKey Ltd, and TetraKey Ltd’s owner(s), parent company(ies), affiliate entities, and employees, and assigns.
B. “Parties” mean TetraKey and You. TetraKey and You are each a “Party.”
C. “Terms” mean and refer to the Terms and Conditions set forth herein.
D. “User” refers to a person who has created a Real World Warriors Account. “User Account” refers to a User’s Real World Warriors Account.
E. “You” and “Your” means the Real World Warriors User who has executed this Agreement by clicking “I Agree.”
II. Becoming a Real World Warriors User
By clicking “I Agree” to these Terms, transferring payment to TetraKey, and creating a User Account, You become a Real World WarriorsReal World Warriors User. There are various products and services available to Users, and monthly prices applicable to such products and services. TetraKey products, services, and prices are posted https://www.vrealworldwarriors.com, and are subject to change without notice. Price changes are effective on the first day of the month after the price change is posted https://www.realworldwarriors.com. By clicking “I Agree” and providing TetraKey Your credit card information You authorise TetraKey to charge Your credit card in the amount indicated for the value of the services You select, including any future price changes. By Your continued use of TetraKey services, and unless You terminate this agreement as provided herein, You agree that TetraKey may charge Your credit card monthly for the products and services You have selected, and You consent to any price changes for such services.
III. Term and Termination
Your User contract with TetraKey begins when You click “I Agree,” and will continue month-to-month until either:
A. TetraKey cancels Your account due to Your breach of any of the Terms of this Agreement. In the event this Agreement is cancelled due to Your breach, You will not be entitled to pro-rate Your last month’s use, nor will You be entitled to any refund for any payments You have made to TetraKey.
B. You provide TetraKey ten (10) days’ e-mail notice, as provided herein, of Your cancellation of Your account. If You provide such notice less than ten (10) days before the first day of the next month, Your credit card may still be charged. You will not be entitled to pro-rate Your last month’s use, nor will You be entitled to any refund for any payments to TetraKey.
C. Your credit card or TetraKey’s charge is denied for any reason and You do not provide TetraKey a new credit card within ten (10) days.
IV. REFUNDS FOR “HARD GOODS”
If You have purchased a “hard good” (for example, a book, MP3 player, or other tangible product) from TetraKey sold under any of its brands or related brands, you may receive a limited refund if you comply with the following conditions:
1. You must request a refund in writing by contacting support@realworld warriors.com;
2. Your request for a refund must be made within thirty (30) days of your purchase;
3. You must return the hard goods to TetraKey immediately, according to the shipping and other instructions you will receive by email after requesting a refund;
4. The hard goods must be returned to TetraKey in like-new, or re-sellable condition, as determined in TetraKey’s sole, reasonable discretion.
V. No License to use TetraKey Marks
Any content on any TetraKey website may constitute the intellectual property of TetraKey. Except where expressly authorised, no material on any TetraKey website may be copied, reproduced, distributed, republished, uploaded, displayed, posted or transmitted in any way whatsoever. The Real World Warriors trademark and logo are proprietary marks of TetraKey, and the use of those marks is strictly prohibited. Nothing herein gives You the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by TetraKey or any of TetraKey’s affiliates.
You agree to protect, defend, indemnify and hold harmless TetraKey, its officers, directors, employees, owner(s), and parent company(ies) and assigns from and against all claims, demands, and causes of action of every kind and character without limit arising out of Your conduct. Your indemnity obligation includes, but is not limited to, any third party claim against TetraKey for liability for payments for, damages caused by, or other liability relating to, You.
VII. No Warranty; No Leads.
TetraKey does not promise, guarantee or warrant Your business success, income, or sales. You understand and acknowledge that TetraKey will not at any time provide sales leads or referrals to You. Additionally, Real World Warriors’S WEBSITES AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Real World Warriors MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH ANY Real World Warriors WEBSITE OR SERVICE. ANY RELIANCE ON OR USE OF SUCH MATERIALS SHALL BE AT YOUR SOLE RISK. Real World Warriors MAKES NO REPRESENTATION OR WARRANTY (A) THAT ANY Real World Warriors WEBSITE OR SERVICE WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO ANY Real World Warriors WEBSITE OR SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; (B) THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (C) THAT ANY Real World Warriors’S WEBSITE OR THE SERVERS OR NETWORKS THROUGH WHICH ANY Real World Warriors’S WEBSITE IS MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
The TetraKey websites may include inaccuracies, errors and materials that conflict with these Terms. In the event of any conflict between anything posted on any TetraKey website and these Terms, these Terms shall control.
VIII. Limitation of Liability.
YOU AGREE THAT IN NO EVENT SHALL Real World Warriors’S LIABILITY TO YOU FOR ANY CLAIM OF ANY KIND OR DESCRIPTION EXCEED THE AMOUNT OF THREE (3) TIMES THE PAYMENTS PAID BY YOU TO Real World Warriors FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST Real World Warriors OCCURRED. YOU WAIVE ANY RIGHT TO SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND OR DESCRIPTION.
IX. Force Majeure.
TetraKey will not be responsible to You for any delay, damage, or failure caused by or occasioned by a Force Majeure Event. As used in this Agreement, “Force Majeure Event” shall mean: any act of God, act of nature or the elements, terrorism, insurrection, revolution or civil strife, piracy, civil war or hostile action, labor strikes, acts of public enemies, federal or state laws, rules and regulations of any governmental authorities having jurisdiction over the premises, inability to procure material, equipment, or necessary labor in the open market, acute and unusual labor, material, or equipment shortages, or any other causes beyond the control of TetraKey. Delays due to any of the above causes shall not be deemed to be a breach of or failure to perform under this Agreement. TetraKey shall not be required against its will to adjust any labor or other similar dispute except in accordance with applicable law.
X. Assignment of Rights.
TetraKey may assign its rights under this Agreement at any time, without notice to You. Your rights arising under this Agreement cannot be assigned by without TetraKey or its assigns express written consent.
XI. Information; Registration; User Names and Passwords
As a Real World Warriors User, You will be required to create an account with TetraKey. You warrant that the information You provide Us is truthful and accurate, and that You are not impersonating another person. You are responsible for maintaining the confidentiality of any password You may use to access Your Real World Warriors User account, and You agree not to transfer Your password or User name, or lend or otherwise transfer Your use of or access to Your User account, to any third party. You are fully responsible for all transactions with, and information conveyed to, TetraKey under Your User Account. You agree to immediately notify TetraKey of any unauthorised use of Your password or User name or any other breach of security related to Your User account. You agree that TetraKey is not liable, and You will hold TetraKey harmless, for any loss or damage arising from Your failure to comply with any of the foregoing obligations.
XII. Release/Authorisation to Use Photographs.
You grant TetraKey permission to use any and all photographs taken by TetraKey or its agents or employees, or submitted by You to TetraKey (hereinafter “Photographs”) in any Media (including print, internet, film, television and no matter how distributed or published) for any purpose, which may include, but shall not be limited to, advertising, promotion, marketing and packaging of TetraKey or any product or service sold and marketed by TetraKey. You agree that this authorisation to use Photographs may be assigned by TetraKey to any other party. You agree that that the Photographs may be combined with other Photographs, sounds, text and graphics, and that the Photographs may be manipulated, cropped, altered or modified in TetraKey sole discretion. You agree not to charge a royalty or fee, and not to make any other monetary assessment against TetraKey in exchange for this Release and Assignment. You hereby release and forever discharge TetraKey from any and all liability and from any damages You may suffer as a result of the use of the Photographs. You further acknowledge and agree that this Release is binding upon Your heirs and assigns. You agree that this Release is irrevocable.
XIII. Prohibited Activity.
TetraKey has the right to terminate this Agreement at any time if You engage or have ever engaged in any of the following:
A. HARMFUL ACTS. Any dishonest or unethical business practice; any violation of the law; infliction of harm to Real World Warriors’s reputation; and the violation of the rights of TetraKey or any third party.
B. “SPAMMING” AND UNSOLICITED COMMUNICATIONS. We have zero tolerance for UCE/spam. Any communications sent or authorised by You reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third party blogs) will be deemed a material threat to Real World Warriors’s reputation and to the rights of third parties. It is Your obligation, exclusively, to ensure that all business communications comply with state and local anti-spamming or analogous laws.
C. OFFENSIVE COMMUNICATIONS. Any communication sent, posted, or authorised by You, including without limitation postings on any website operated by You, or social media or blog, which are: sexually explicit, obscene, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, libellous, harassing, or discriminatory; graphically violent; solicitous of unlawful behaviour; or that violates the intellectual property rights of another.
If You have any questions or Real World Warriors concerning any of the Terms, You may contact TetraKey by e-mail at email@example.com, or by regular mail at 78 Stratford Road, Warwick, Warwickshire, CV34 6AT, United Kingdom
XV. Digital Millennium Copyright Act
If You believe that materials or content available on any TetraKey website infringes any copyright You own, You or Your agent may send TetraKey a notice requesting that TetraKey remove the materials or content from the TetraKey website. If You believe that someone has wrongly filed a notice of copyright infringement against You, You may send TetraKey a counter-notice. Notices and counter-notices should be sent to TetraKey, Attention Legal Department, at 8 Stratford Road, Warwick, Warwickshire, CV34 6AT, United Kingdom, or by e-mail to firstname.lastname@example.org.
XVI. Arbitration, Governing Law, and Attorneys’ Fees.
A. ARBITRATION. Any claim or grievance of any kind, nature or description that You have against TetraKey including, but not limited to, economic losses, personal injury, or property damage, shall be resolved exclusively in binding arbitration in the United Kingdom. You agree not to file suit against TetraKey or any of its affiliates, subsidiaries, officers, directors, employees, successors, or assigns. The arbitration will take place before a neutral arbitrator (hereafter, “Arbitrator”) agreed upon by You and TetraKey. In the event that You and TetraKey are unable to reach agreement on an Arbitrator, You and TetraKey will each select an arbitrator, and the two of them will select the Arbitrator, who must be a resident of the United Kingdom. The arbitrators selected by You and TetraKey will have no further involvement in the arbitration. The Arbitrator will determine the rules governing arbitration. The decision of the Arbitrator will be final and binding on You and TetraKey and may be reduced to a judgment in any court of competent jurisdiction. This agreement to arbitrate survives any termination or expiration of the Agreement.
B. GOVERNING LAW. This Agreement shall be governed, construed, and interpreted in accordance with the laws of the United Kingdom without regard to any choice of law provisions.
C. WAIVER OF CLASS ACTION CLAIMS. You understand and agree that You will not have the right to participate in a representative capacity or as a member of any class of claimants pertaining to any claims that may arise under, or be in any way related to, this Agreement. There is no right or authority for any claim You have against TetraKey to be brought on a class action basis or on any basis involving claims brought in a purported representative capacity on behalf of the general public, or on behalf of other persons or entities similarly situated. Claims brought against TetraKey may not be joined or consolidated with claims brought by anyone else.
D. LIMITATIONS PERIOD. Any claim brought in arbitration must be brought within the time period set forth in any statute of limitations that, but for this agreement to arbitrate, would apply to the claims asserted in any arbitration proceeding.
E. INJUNCTIVE RELIEF. Nothing in this Agreement prevents TetraKey from applying to and obtaining from any court having jurisdiction a temporary injunction, preliminary injunction, permanent injunction, or other relief available to protect TetraKey’s rights prior to, during, or following any arbitration proceeding.
F. ATTORNEYS’ FEES. You agree that in the event of any arbitration or litigation, each Party will each bear its own costs and attorneys’ fees, regardless of who is deemed the prevailing party. The foregoing notwithstanding, if either You or TetraKey commences an action in a court of law or equity and the responding Party successfully moves such court to compel arbitration, the Party who moved for the order compelling arbitration shall be entitled to recover its reasonable costs and attorneys’ fees incurred on the motion to compel from the other Party.
XVII. Changes to Terms
TetraKey reserves the right to change these Terms, in whole or in part, from time to time at TetraKey’s sole and absolute discretion, and to provide You with notice of such change by any reasonable means, including without limitation posting revised Terms https://www.realworldwarriors.com.com/terms. By Your continued use of TetraKey’s services, and unless You terminate this agreement as provided herein, You manifest Your agreement to any subsequent changes to the Terms.
If any Term set forth herein is deemed unenforceable under any applicable law, the remaining Terms shall remain in full force and effect and these Terms shall be read, collectively, as if the unenforceable Term(s) were omitted.
No waiver by TetraKey of any breach or default of these Terms will be deemed to be a waiver of any preceding or subsequent breach or default.
Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
Any notice required to be given to TetraKey under or related to these Terms must be in writing, addressed as follows:
8 Stratford Road,
Warwick, Warwickshire, CV34 6AT, United Kingdom
Notices to You may be made by posting a notice (or a link to a notice) on https://www.realworldwarriors.com/terms, by e-mail, or by regular mail, at TetraKey’s discretion.