Terms & Conditions
Welcome to the VictoryTapout.com website (the "Site").
VictoryTapout.com is a 3rd party affiliate website providing links to downloadable software provider websites for
convenience only. Actual product availability and quantity may change depending on service provider updates. The
site and any products and/or services that you may receive from one of our service provider partners are provided
to you on an ?AS IS? and ?AS AVAILABLE? basis, and all warranties, expressed and implied, are disclaimed to the
fullest extent permissible pursuant to applicable law (including, but not limited to, the disclaimer of any
warranties of merchantability, non-infringement of intellectual property and/or fitness for a particular purpose).
VictoryTapout.com makes no warranty that the site and/or products and/or services, and service compatibility
provided by our recommended downloadable product provider will meet your requirements. The images and screenshot
from service providers placed on the site are presented for convenient identification purpose only.
VictoryTapout.com is not directly affiliated, endorsed, sponsored, authorized by, or associated with the respected
By using and/or accessing the Site, you are agreeing to comply with and be bound by the following Terms and
Conditions (the "Agreement"). Please review the following terms of this Agreement carefully. If you do not agree to
this Agreement in its entirety, you are not authorized to use this Site in any manner or form.
1. Acceptance of Agreement. You agree to the terms and conditions outlined in this Agreement with respect to your
between you and VictoryTapout.com with respect to your use of the Site, and supersede all prior or contemporaneous
agreements, representations, warranties and/or understandings with respect to the Site. We may amend this Agreement
from time to time in our sole discretion, without specific notice to you. The latest Agreement will be posted on
the Site, and you should review this Agreement prior to using the Site. By your continued use of the Site, you
hereby agree to all the terms and conditions contained within the Agreement effective at that time. Therefore, you
should regularly check this page for updates and/or changes.
2. Requirements. The Site is available only to individuals who can enter into legally binding contracts under
applicable law. The Site is not intended for use by individuals under eighteen (18) years of age. If you are under
eighteen (18) years of age and/or not a citizen of the United States, you do not have permission to use and/or
access the Site.
3. License Grant. As a user of this Site, you are granted a non-exclusive, non-transferable, revocable and limited
license to access and use the Site and associated Site content in accordance with this Agreement. VictoryTapout.com
may terminate this license at any time for any reason. You may use the Site on one computer for your own personal,
non-commercial use. No part of the Site may be reproduced in any form or incorporated into any information
retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify,
decompile, disassemble, reverse engineer or transfer the Site, Site content or any portion thereof.
VictoryTapout.com reserves any rights not explicitly granted in this Agreement. You may not use any device,
software or routine to interfere or attempt to interfere with the proper working of the Site. You may not take any
action that imposes an unreasonable or disproportionately large load on VictoryTapout.com infrastructure. Your
right to use the Site is not transferable.
4. Proprietary Rights. The content, organization, graphics, design, compilation, magnetic translation, digital
conversion, software, services and other matters related to the Site are protected under applicable copyrights,
trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying,
redistribution or publication by you of any part of the Site is strictly prohibited. You do not acquire ownership
rights to any content, document, software, services or other materials viewed at or through the Site. The posting
of information or material at the Site by VictoryTapout.com does not constitute a waiver of any right in such
information and/or materials.
5. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit and/or delete any
documents, information or other content appearing on the Site.
6. Indemnification. You agree to indemnify and hold Download-MSNMessenger.com, its parents, subsidiaries and
affiliates, and each of their respective members, officers, directors, employees and agents, harmless from and
against any and all claims, expenses (including reasonable attorneys' fees, costs and settlement costs), damages,
suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of or in
connection with: (a) your use of the Site; (b) your breach of this Agreement; (c) your violation of any rights of
another individual and/or entity; and/or (d) your use of any products and/or services provided from an
VictoryTapout.com Service Provider Affiliate. The provisions of this paragraph are for the benefit of
Download-MSNMessenger.com, its parent, subsidiaries and affiliates, and each of their respective officers,
directors, employees, agents, shareholders, licensors, suppliers and attorneys. Each of these individuals and
entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
7. Disclaimer of Warranties. THE SITE AND ANY PRODUCTS AND/OR SERVICES THAT YOU MAY RECEIVE FROM ONE OF OUR SERVICE
PROVIDER AFFILIATES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND
IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED
TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS
FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, VictoryTapout.com MAKES NO WARRANTY
THAT: (A) THE SITE AND/OR PRODUCTS AND/OR SERVICES PROVIDED BY OUR SERVICE PROVIDER AFFILIATES WILL MEET YOUR
REQUIREMENTS: (B) THE SITE AND/OR PRODUCTS AND/OR SERVICES PROVIDED BY OUR SERVICE PROVIDER AFFILIATES WILL BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; AND (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL
BE ACCURATE OR RELIABLE. THE SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE
FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Download-MSNMessenger.com, ONE OF ITS SERVICE PROVIDER AFFILIATES OR
THROUGH OR FROM THE SITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
8. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT VictoryTapout.com SHALL NOT BE LIABLE TO YOU OR
ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING,
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF
VictoryTapout.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW
FOR: (A) THE USE OR THE INABILITY TO USE AN VictoryTapout.comSERVICE PROVIDER AFFILIATE PRODUCT AND/OR SERVICE; (B)
THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION AND/OR
SERVICES PURCHASED OR OBTAINED FROM THE SITE, THE SERVICE PROVIDER AFFILIATE SITE, OR TRANSACTIONS ENTERED INTO,
THROUGH OR FROM THE SITE OR A SERVICE PROVIDER AFFILIATE SITE; AND (C) ANY OTHER MATTER RELATING TO THE
VictoryTapout.com SERVICE AND/OR SITE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING,
BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND
ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE VictoryTapout.com FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS
IN EXCESS OF THE LIMITATION STATED HEREUNDER. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM
LIABILITY OF VictoryTapout.com TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE EQUAL TO THE AMOUNTS YOU PAID, IF
ANY, FOR VictoryTapout.com SERVICE PROVIDER AFFILIATE PRODUCTS AND/OR SERVICES. YOU HEREBY RELEASE
VictoryTapout.com FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS SET FORTH IN
THIS SECTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN
YOU AND Download-MSNMessenger.com. THIS SITE AND THE PRODUCTS AND SERVICES AVAILABLE THOUGH USE OF THE SITE WOULD
NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
9. Service Provider AffiliateWebsites. The Site provides links to Service Provider Affiliate and other third party
Internet websites and/or resources. Because VictoryTapout.com has no control over such websites and/or resources,
you hereby acknowledge and agree that VictoryTapout.com is not responsible for the availability of such websites
and/or resources. Furthermore, VictoryTapout.com does not endorse, and is not responsible or liable for, any terms
and conditions, privacy policies, content, advertising, services, products and/or other materials at or available
from such Service Provider Affiliate and/or other third party websites or resources, or for any damages and/or
losses arising there from.
10. Legal Warning. Any attempt by any individual, whether or not an VictoryTapout.com customer, to damage, destroy,
tamper with, vandalize and/or otherwise interfere with the operation of this Site, is a violation of criminal and
civil law and VictoryTapout.com will diligently pursue any and all remedies in this regard against any offending
individual or entity to the fullest extent permissible at law and in equity.
11. Miscellaneous. This Agreement shall be treated as though it were executed and performed in Los Angeles,
California and shall be governed by and construed in accordance with the laws of the State of California (without
regard to its conflict of law principles). Should a dispute arise concerning the terms and conditions of this
Agreement, or the breach of same by either party hereto, the parties agree to submit their dispute for resolution
by arbitration before the American Arbitration Association in Los Angeles, in accordance with the then current
Commercial Arbitration Rules of the American Arbitration Association. Any award rendered shall be final and
conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing
herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights
pending an outcome in arbitration. Should any part of this Agreement be held invalid or unenforceable, that portion
shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.
This Agreement is personal between you and VictoryTapout.comand governs your use of the Site and/or any
VictoryTapout.com service, superseding any and all prior and/or contemporaneous agreements between you and
Download-MSNMessenger.com. To the extent that anything in or associated with the Site and/or any VictoryTapout.com
service is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to
enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce
such provision. The parties do not intend that any agency or partnership relationship be created through operation
of this Agreement.
AUTHORIZATION BY OBTAINING, OR ATTEMPTING TO OBTAIN, SERVICES THROUGH USE OF THE VictoryTapout.com SITE, YOU
REPRESENT AND WARRANT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE.
Orland Park | Oak Forest| Homer glen| Tinley Park| Oak lawn|
Berwyn| Melrose Park| New Lenox Palos Hills| Palos Park| Chicago| Oak Park|Forest Park|Downer Grove|
Woodridge| Lisle|Naperville |Westmont| Oswego |Naperville |Yorkville| Aurora
MMA Training Orland
Park - 7043 153rd st Orland Park 312-909-7751 (Next to Gerber
MMA Training Forest
Park 1401 Circle ave Forest Park 708-524-1553
MMA Training Lisle Inside Four Lakes in (708)
Training Oswego (630)-450-9171
Chicago - Halsted and Maxwell st (UIC)