Use of the KarateTrainingAtHome website (the “Website”) is subject to the terms and conditions described below (the “Terms of Use”). The Website and all content on the Website are owned by or licensed to The Martial Arts Institute Inc. (“The Martial Arts Institute,” “we,” or “us”). Please read these Terms of Use before you use this Website. By using this site or by purchasing a subscription, you agree to be bound by these complete terms of use including, but not limited to the warranty disclaimers, limitations of liability and termination provisions. If you do not agree with these terms, please exit the website immediately. We may change these Terms of Use from time to time. If you continue to use this Site after any changes to these Terms of Use, you accept and agree to any such modifications.
In order to use certain features of this Website, we may require your registration as a Member. If you wish to become a Member, communicate with other Members and otherwise make use of the Website, you must read this Agreement and indicate your acceptance during the registration process. In consideration of your use of the Website, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted during the registration process (the “Registration Data”) and (b) maintain and promptly update your Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof) at any time. Use of the Website is void where prohibited. If using a credit card on the Website, you represent that you are in lawful possession of the credit card and possess the entire rights, duties, obligations, and responsibilities attendant upon the cardholder. Unless explicitly stated otherwise, any new or additional features that augments or enhances the Website shall be subject to these Terms of Use. Because membership is readily available to you, you have no statutory right to cancellation once you have received access to the Product. All monies paid by you to us are non-refundable and cancellation and / or termination of this agreement by you or us at any time for any reason will not entitle you to a refund of monies paid. This paragraph does not affect your rights in the event that you have a genuine and valid complaint about the way we have provided the Product to you. By signing up as a member, you agree to pay the monthly membership fee from the credit card information for which you have or will have supplied to us. After that one month period has expired, you authorize us to arrange the automatic withdrawal of funds on this card in payment of your subscription for subsequent monthly membership periods until you cancel your membership. Membership fees and any other charges are billed in advance at the beginning of each monthly period which commences from the date of your initial subscription for membership. Membership payments are non-refundable. You may cancel your membership at any time, taking effect from the beginning of the next monthly period. We may terminate this agreement at any time for any reason with immediate effect by sending you notice via the email address you provide in your registration. If we so terminate, we are under no liability to you whatsoever.
You are solely responsible for maintaining the confidentiality of your account information, including your username and password, and for any and all activity that occurs under your username. You agree to notify us immediately of any unauthorized use of your username or password, or any other breach of security. However, you may be held liable for losses incurred by The Martial Arts Institute or any other user of or visitor to this Website due to someone else using your username, password or account. You may not share, give or sell your password or username to any other person. Your excessive viewing or logins may be construed as fraudulent use of the Website, which may result in the immediate cancellation of your membership without refund.
The Martial Arts Institute hereby grants you a nonexclusive, non-transferable, limited, revocable right to use the Website, solely for your own personal use as limited herein. The Website and its content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of The Martial Arts Institute. Content on the Website is provided to you AS IS, WHERE IS.
You may not add to, delete or modify the Content in any way. Any unauthorized attempt to modify any Content, to defeat or circumvent our security features, or to utilize the Website or any part of the Content for any purpose other than its intended purpose is strictly prohibited
You may not (i) use this Website for any unlawful purpose; (ii) restrict or inhibit any other user from using and enjoying this Website; (iii) hack, sabotage, vandalize or deface any portion of this Site by any means; (iv) introduce any virus, worm, Trojan Horse, Easter Egg, time bomb, spyware, or any other computer code, file, or program that may or is intended to damage or hijack or negatively affect the Website; (v) post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, SPAM or other unsolicited commercial communication; (vi) post or transmit any material is patently offensive or that promotes racism, bigotry, hatred or violence or that contains nudity, violence, pornography, sexually explicit material or offensive subject matter; (vii) impersonate any other person or entity, or misrepresent your affiliation with any other person or entity; (viii) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of this Website or any Content on this Website; or (ix) post or transmit any information or material on this Website that violates or infringes any copyright, trademark, patent, intellectual property or other proprietary right of any party.
Contents of this website, including, without limitation, any contents or materials provided by a user are the exclusive property of The Martial Arts Institute. By using this website you are granting The Martial Arts Institute the unconditional right to use, destroy, alter or otherwise act as rightful owner without limitation any contents, material or information provided to or included on the site.
The Website may provide information related to exercise, fitness, diet and nutrition and is intended for your personal use and informational purposes only. You should consult with a physician before beginning any exercise, fitness, diet or nutrition routine, especially if you are pregnant of have pre-existing health conditions. Nothing contained in this Site should be considered as medical advice or diagnosis. Your use of the Website is solely at your own risk.
The Website is not directed to persons less than eighteen years of age. By using the Website or registering as a member, you are representing that you are eighteen years of age or older. If you are younger than eighteen years of age and would like to become a registered member of Website, you are required to have your parent or legal guardian contact us prior to your use of the Website.
The Site may contain links to websites that we do not own or operate (“Third Party Websites”). We do not monitor or evaluate Third Party Websites, and we are not in any way responsible for the Third Party Websites. Just because our Website links to a Third Party Website does not imply in any way that we endorse, support or approve of the Third Party Website. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
Due to the global nature of the Internet, you may be able to access this Website in countries outside the United States, and you agree to comply with all laws, regulations and rules regarding your use of the Internet and this Website, regardless of the country you are in when you access this Website. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
This Terms of Use shall remain in full force and effect as long as it is posted on our Website. You may terminate your membership at any time, for any reason, by following the instructions on the Website. We reserve the right to terminate your account or your access to our Website immediately, with or without notice to you, and without liability to you, if we believe that you have breached any of the terms of this Terms of Use, furnished us with false or misleading information, or interfered with the use of the Website by others.
THIS WEBSITE IS PROVIDED BY KARATETRAININGATHOME AND ITS AFFILIATES “AS IS” AND “AS AVAILABLE.” NEITHER KARATETRAININGATHOME NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, ITS CONTENTS, APPLICATIONS AVAILABLE ON THE WEBSITE OR DOWNLOADED THEREFROM, OR ANY INFORMATION MADE AVAILABLE BY OR THROUGH THE WEBSITE. IN ADDITION, KARATETRAININGATHOME AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, AND AFFILIATES DISCLAIM ALL WARRANTIES WITH RESPECT TO THE WEBSITE, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHERMORE, KARATETRAININGATHOME DOES NOT WARRANT THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
THE MARTIAL ARTS INSTITUTE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, AND AFFILIATES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS TERMS OF USE. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold The Martial Arts Institute (and its subsidiaries, affiliates, subcontractors, officers, directors, employees, consultants, representatives and agents) harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees and costs) arising from: (i) your use of and access to the Website; (ii) your breach of any term of these Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your submissions of content caused damage to a third party. This indemnification and release obligation will survive the termination or expiration of this Terms of Use and your use of the Website.
You may not assign, transfer or delegate any rights and licenses granted to you hereunder. The Martial Arts Institute may assign, transfer or delegate any of its rights and obligations hereunder without restriction or limitation.
The Martial Arts Institute’s failure to enforce any provision of these Terms of Use shall not be construed as a waiver of its right to enforce such provision in the future. If any provision of these Terms of Use is found by any court of competent jurisdiction to be invalid or unenforceable, the invalidity of such provision shall not affect the other provisions of these Terms of Use, and all provisions not affected by such invalidity shall remain in full force and effect.
These Terms of Use constitute the entire agreement between you and The Martial Arts Institute with respect to the subject matter hereof and supersedes all prior agreements, whether written or oral, relating to the same subject matter.
Notwithstanding any other terms of this Agreement, The Martial Arts Institute shall not be liable for failure to perform hereunder if such failure is caused by an occurrence beyond our reasonable control, including but not limited to, fire, flood, strike, power outage or other industrial disturbance, failure of transport, denial of service attack, accident, war, riot, insurrection, acts of God or acts of civil or military authority.
This Agreement shall be construed under the laws of the State of Maine, without regard to its conflict of laws principles, and the parties consent to the jurisdiction of such courts, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available.