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Terms of Use and Disclaimers
This Agreement (the "Agreement") applies to and governs all persons accessing or
using services provided by http://www.Martialinfo.com or the services of
Martialinfo, Inc., a California corporation (collectively, “Martialinfo”) as
well as any and all of their related Websites and affiliates (collectively, the
"Service").
By accessing and using our Websites and\or registering with us, you agree to be
bound by the disclaimers and the terms and conditions of use contained and
defined in this Agreement. If you do not wish to be bound by such disclaimers,
terms and conditions of use, do not use our Websites or register with us.
Your use of our Website or registration with us, constitutes your agreement to
all of the terms and conditions of this Agreement.
The information contained in our Website is provided for informational purposes
only and should not be interpreted by you as an endorsement or certification of
any instructor or school.
As the publisher of this Website, we make no representation, guarantee, or
warranty (express or implied) about the ability, competence, quality of teaching
or service that may be provided by any of the instructors or schools listed
herein.
We also make no representations or warranties regarding the status of the
instructors or schools listed herein as certified specialists in the martial
arts disciplines listed.
Moreover, we expressly deny liability and assume no responsibility whatsoever
for the results or consequences of any services or instruction provided by any
of the instructors or schools listed in our Website.
LEARNING AND PRACTICING MARTIAL ARTS AND SELF DEFENSE IS INHERENTLY DANGEROUS
AND COULD RESULT IN SERIOUS BODILY INJURY AND/OR DEATH. ALL PARTICIPANTS
ACKNOWLEDGE THE RISKS AND EXPRESSLY AGREE TO ASSUME THOSE RISKS.
Our Website contains web pages that you should evaluate carefully and regard as
being advertisements from the instructors and schools listed.
1. Users. Any individual or company (a) registering to use the Service, or (b)
accessing our Website to obtain information, becomes a Service user ("User".)
Registration gives User access to the Martialinfo Site and other sites in the
Service. Apart from the terms and conditions of this Agreement, User may be
required to agree to additional terms and conditions when using different parts
of the Service, including payment of any applicable fees. (The terms and
conditions of this Agreement, along with such additional terms and conditions,
will be referred to as the "Terms.”) Martialinfo reserves the right, at its
discretion, to change, modify, add, or remove any of the Terms, in whole or in
part, at any time. User should check the Terms periodically for changes since
use of the Service after such Terms are posted will mean that User accepts such
Terms.
2. User Eligibility. This Agreement is a legal agreement between Martialinfo and
User for the latter’s use of the Service. This Service is only available to
companies and to individuals capable of entering legally binding contracts under
applicable state law. (The Service is not available to minors or others unable
or unqualified to enter legal contracts.) By registering and using this Service,
User represents that User accepts these Terms or is authorized to accept these
Terms on behalf of a company and intends to be personally bound by the Terms. If
User accepts these terms on behalf of an entity on whose behalf User is
authorized to act, User may use the Service only on behalf of such entity. If
User intends only to be personally bound, use of the Service is limited to
User's personal use. User represents and warrants that all information supplied
by User is true and accurate. Without limitation, any speculative, false or
fraudulent (i) submission of information, or (ii) request for information or
speculative, false or fraudulent responses to such requests, are strictly
prohibited. In its sole discretion, Martialinfo may refuse its Service to anyone
at any time and may remove or bar any User from the Service at any time, with or
without cause.
3. Service is Only a Venue. The Service acts as a venue for instructors and
schools to identify themselves (“Instructors/Schools”) and for students seeking
martial arts training to learn about instructors and schools in their area
(sometimes, "Consumers"). Martialinfo is not involved in the actual transaction
or relationship between the Instructors/Schools and Consumers. Martialinfo has
no control over and assumes no responsibility for the quality, safety,
reliability, validity or effect of the services advertised, for the truth or
accuracy of the listings or representations made by or about
Instructors/Schools, or for the ability or competence of the Instructors/Schools
providing martial arts or self defense training. Martialinfo also has no control
over and assumes no responsibility for the ability of Consumers to pay for such
services. Martialinfo encourages Consumers to communicate directly with
Instructors/Schools or with third parties and to investigate Instructors/Schools
to a degree sufficient to establish the reliability and competence of the
Instructors/Schools. At no time shall any Instructor/School represent that
Martialinfo endorses such Instructor/School and\or such Instructor/School’s
training program. Consumers and Instructor/School shall handle any and all
disputes exclusively between themselves. Since verification of User’s
identification on the Internet is at best difficult, Martialinfo cannot and thus
shall not be required to confirm that User is the person that User claims to be.
4. Registration and User Information/Privacy. In registering for this Service,
User shall be asked to provide certain information. Martialinfo may disclose to
third-parties certain aggregate information contained in User's registration
application, but will not disclose a name, address, email address or telephone
number of a Consumer without the Consumer's express prior consent, except as
required by law or as may be otherwise permitted under Martialinfo's Terms of
Usage and Disclaimers. At its discretion, Martialinfo may create and sell
mailings lists of Instructors/Schools, including information regarding their
related businesses and services. Postings and all other communications between
User and Martialinfo are not and should not be considered private. Postings and
all other communications between User and Martialinfo are not and should not be
considered private. User grants Martialinfo and its designees the unrestricted
right to use, reproduce, modify, translate, transmit and distribute any
information or material User supplies or communicates to the Martialinfo in any
medium now in existence or hereafter developed, for any purpose, including
commercial uses. User should consult the Martialinfo Terms of Usage and
Disclaimers for more details regarding Martialinfo's use and dissemination of
registration and User information.
5. Fees for the Service. For a limited time, the use of the Service will be free
to Instructors/Schools and Consumers. Martialinfo reserves the right to charge
fees for the Service in the future. If Martialinfo ever decides to charge fees
for use of the Service, User will be notified of the fees in advance and will be
given the opportunity to decline continued membership before User is charged any
fee. No User will be charged a fee by Martialinfo without the User's prior
consent. However, User’s use of the Service once notified that a fee is required
for use shall be construed as the User’s express consent of the fees to be
charged, and User shall pay such fees.
6. Use of the Service. Martialinfo specifically prohibits any use of the Service
for unlawful purposes. User expressly agrees to use the Service only for lawful
purposes. User shall not use the Services for unlawful purposes or for the
posting of any incomplete, false or inaccurate information. User shall also not
use or place on the Service any obscene, indecent or offensive language or any
material that is false, defamatory, abusive, harassing or hateful. In addition,
User agrees not to alter, remove, or obscure any notices or markings from the
Service, including without limitation all screen displays and downloadable
documentation, copyright, trademark, or confidentiality notices, or ownership
notices. User may not: (a) modify, translate, produce a source listing,
recompile, disassemble, or reverse engineer the Service or any portion thereof;
(b) create derivative versions of any part of the Service; (c) rent, transfer,
distribute or grant any rights in the Service in any form; or (d) use the
Service for any purpose that Martialinfo deems to be inappropriate.
7. Proprietary Materials. The Service contains proprietary materials such as
logos, text, software, photos, video, graphics, music and sound. As between
Martialinfo and User, Martialinfo is the owner or licensee of all such
proprietary material and all intellectual property rights therein, including
without limitation, copyrights and trademarks. In using the Service, User agrees
not to upload, download, distribute, or reproduce in any way any proprietary
materials without first obtaining Martialinfo's written consent.
8. User Materials. In using the Service, User may be able to post on the Service
materials for other Users to view or links to other sites. Only public domain
files and files in which the author has given express consent for online
distribution may be made public. User acknowledges and agrees that User is
solely responsible for the form, content and accuracy of any content or
information placed by User on the Service or through links added by the User.
User represents and warrants that such content and information shall not: (a) be
fraudulent; (b) infringe any third party's copyright, patent, trademark, trade
secret or other proprietary rights or rights of publicity or privacy; (c)
violate any law, statute, ordinance or regulation (including without limitation
those governing export control, consumer protection, unfair competition,
anti-discrimination or false advertising); (d) be defamatory, abusive,
threatening or harassing; offensive, obscene or sexually explicit; (e)
detrimentally interfere with, surreptitiously intercept or expropriate any
system, data or personal information; or (f) advertise, offer or describe goods
or services prohibited by Martialinfo.
9. Member Reviews. Since Martialinfo cannot assess or endorse specific
Instructors/Schools, Martialinfo may establish a Consumer-initiated
Instructor/School review system. Such reviews and associated comments will
solely represent the views of the participating Consumers and not those of
Martialinfo. Martialinfo cannot and will not be required to confirm that persons
identifying themselves as Consumers are in fact Consumers or the persons they
claim to be. Martialinfo will not review or edit member reviews and under no
circumstances will Martialinfo recommend or endorse any positive or negative
recommendation about any Instructor/School contained in such Consumer reviews.
Although it does not review, investigate or mediate disputes between Users,
Martialinfo does encourage dissatisfied Consumers to discuss their concerns
directly with the Instructor/School before making use of the member review
system, and to post updates when appropriate.
Consumers may not take any action that might undermine the integrity of the
review system, including, but not limited to, submitting positive or negative
reviews for an improper purpose. Although it does not routinely review or
approve Consumer reviews of member Instructor/Schools, Martialinfo, nonetheless,
reserves the unqualified right to remove specific reviews, as well as Consumers,
in cases where the review system is being or has been abused.
10. License. User hereby grants to Martialinfo, its sub-licensees, customers and
other Users, a royalty-free perpetual, irrevocable, non-exclusive right and
license to use, reproduce, modify, adapt, publish, translate and distribute any
content submitted by User (in whole or part) worldwide and/or to incorporate it
in other works in any media now known or hereafter developed for the full term
of any copyright that may exist in such content.
11. Links to Third-Party Sites. The Service may contain links to websites
operated by parties other than Martialinfo ("Third-Party Sites"). Martialinfo's
links to such other sites does not imply any endorsement of the products,
services or material on such Third-Party Sites or any association with their
sponsors or operators. Martialinfo expressly disclaims all content, services and
products available through such Third-Party Sites. Linking to any other service
or site from Martialinfo is at your own risk.
12. Release and Indemnity by User. Martialinfo is not and will not be involved
in the transactions between Consumers and Instructors/Schools. In the event that
any User has a dispute with one or more other Users, User agrees to release
Martialinfo (and its employees and agents) from any and all claims, liabilities,
demands and damages (actual and consequential) of every kind and nature, known
and unknown, suspected and unsuspected, disclosed and undisclosed, fixed or
contingent, arising out of or in any way connected with such disputes. If User
is a California resident, User expressly waives California Civil Code Section
1542, which states: "A general release does not extend to claims which the
creditor does not know or suspect to exist in his favor at the time of executing
the release, which if known by him must have materially affected his settlement
with the debtor."
USER WILL INDEMNIFY, DEFEND AND HOLD MARTIALINFO AND ITS AFFILIATES, EMPLOYEES,
AGENTS AND REPRESENTATIVES, HARMLESS FOR ANY LOSSES, COSTS, LIABILITIES AND
EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES) ARISING OUT OF (A) ANY USE OF
THE SERVICES, THIRD-PARTY SITES, OR RELATED GOODS OR SERVICES; (B) ANY BREACH OF
THE TERMS; AND (C) ANY UPLOADING, DOWNLOADING OR REPRODUCTION OF ANY CONTENT OR
DATA FROM THE SERVICE OR ANY THIRD-PARTY SITE.
13. Disclaimer. MARTIALINFO DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC
INSTRUCTOR/SCHOOL AND DOES NOT PROVIDE ADVICE ON WHICH INSTRUCTOR/SCHOOL TO
SELECT. MARTIALINFO DOES NOT SELL OR SOLICIT APPLICATIONS FOR, OR WRITE
CONTRACTS FOR ANY SERVICES. MARTIALINFO IS NOT A BROKER ACTING ON BEHALF OF ANY
CONSUMER AND IS NOT AN AGENT ACTING ON BEHALF OF ANY INSTRUCTOR/SCHOOL.
MARTIALINFO RECOMMENDS THAT CONSUMERS CONSULT WITH OTHER STUDENTS AND OBTAIN
REFERRALS REGARDING APPROPRIATE INSTRUCTORS/SCHOOLS PRIOR TO MAKING ANY
ENGAGEMENT DECISION AS TO AN INSTRUCTOR/SCHOOL.
14. No Warranty. User expressly acknowledges and agrees that its use of the
Service, any services or goods obtained or sites linked to or through the use of
the Service, and any data transmitted through the Service, is at the sole risk
of User. Martialinfo does not provide or make any undertaking or representation
with respect to any Instructor/School or as to the quality or nature of any of
the martial arts or self defense training provided or any other representation,
warranty or guaranty. Martialinfo does not warrant that Instructors/Schools are
licensed or certified to teach in any jurisdiction, nor does Martialinfo make
any warranty as to the results that may be obtained from use of the Service or
its content or as to the accuracy or reliability of any information obtained
through the use of the Service.
THE SERVICE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, AND
MARTIALINFO AND ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
TITLE, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
NEITHER MARTIALINFO NOR ITS LICENSORS NOR SUPPLIERS WARRANT THAT THE OPERATION
OF THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE OR WITHOUT BREACHES OF
SECURITY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED
WARRANTIES, SO IN THESE JURISDICTIONS THE ABOVE LIMITATIONS OR EXCLUSIONS MAY
NOT APPLY TO THE USER.
15. Limitation of Liability. IN NO EVENT WILL MARTIALINFO BE LIABLE TO USER OR
ANY PARTY FOR ANY COMPENSATORY, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT
DAMAGES ARISING OUT OF THE USE, AVAILABILITY OR UNAVAILABILITY OF THE SERVICE OR
ANY OTHER SERVICES OR GOODS OBTAINED THROUGH USE OF ANY OF THE FOREGOING, OR ANY
DATA TRANSMITTED THROUGH THE SERVICE, EVEN IF MARTIALINFO HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES; AND MARTIALINFO'S ENTIRE AGGREGATE LIABILITY
UNDER OR ARISING OUT OF THESE TERMS OR THE SERVICE SHALL BE LIMITED TO ONE
HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF CERTAIN DAMAGES, SO IN THESE JURISDICTIONS THE ABOVE LIMITATIONS
OR EXCLUSIONS MAY NOT APPLY TO THE USER. These Terms give the User specific
rights and the User may also have other rights, which vary, from jurisdiction to
jurisdiction.
16. General Compliance with Laws. User shall comply with all applicable laws,
statutes, ordinances and regulations regarding its use of the Service.
17. Headings. Headings are for reference purposes only and in no way define,
limit, construe or describe the scope or extent of such section.
18. No Agency. No agency, partnership, joint venture, employer-employee or
franchiser-franchisee relationship is intended or created between User and
Martialinfo by the Terms.
19. Notices. Except as explicitly stated otherwise, any notices to Martialinfo
regarding this Agreement shall be sent to info@Martialinfo.com. Any notice to
User shall be given to the name and address submitted at the time of User's
registration. All notices to User shall be sent to such address by certified
mail, postage prepaid and return receipt requested. Notice shall be deemed given
three (3) business days after the date of mailing.
20. Export Control. Martialinfo controls and operates the Service from its
offices in the United States of America and makes no representation that the
content or templates are appropriate for use in other locations. User agrees to
comply with all U.S. and other export laws and assumes sole responsibility for
obtaining licenses to export or re-export as may be required. If User uses the
Service from other locations, User is responsible for complying with any
applicable local laws, including but not limited to the export and import
regulations of other countries.
21. Governing Law. This Agreement, the Terms, the Service and any modifications
thereto may not be assigned or in any way transferred without the prior written
consent of Martialinfo. The terms of this Agreement shall be construed in
accordance with the substantive laws of the State of California, United States
of America, without giving effect to the principles of conflict or choice of law
of such state. Each User hereby consents to the exclusive jurisdiction and venue
of courts in Los Angeles County, California, U.S.A., in all disputes arising out
of or relating to the use of this Service. The original of this Agreement has
been written in English. The parties hereto waive any statute, law, or
regulation that might provide an alternative law or forum or to have this
Agreement written in any language other than English. Martialinfo and User
exclude the United Nations Convention on Contracts for the International Sale of
Goods from this Agreement.
22. Severability. If any provision of the Terms is found to be invalid, illegal
or unenforceable by any court having competent jurisdiction, the validity,
legality and enforceability of the remaining provisions will not in any way be
affected or impaired thereby, and the remaining valid, legal, and enforceable
provisions will be interpreted, to the extent possible, to achieve the purposes
as originally expressed in the invalid, illegal, or unenforceable provision.
23. Waiver. No waiver of any of the Terms shall be deemed a waiver of any other
Terms set forth herein
24. Entire Agreement. The Terms constitute the entire agreement between User and
Martialinfo with respect to the subject matter covered herein, including use of
the Service and any subject matter therein, and supersede all previous
communications, representations, understandings and agreements, either oral or
written, between the parties with respect to said subject matter. This Agreement
may not be modified by User except by a written agreement signed by an
authorized representative of Martialinfo.
25. Termination. Martialinfo may immediately issue a warning, temporarily
suspend, indefinitely suspend or terminate User's use of all or any portion of
the Service if User breaches the Terms, or at any time or for any reason, at the
sole discretion of Martialinfo.
26. Disclosures. The Service hereunder is offered by Martialinfo, Inc., located
at 21038-A Victory Boulevard, Woodland Hills, California 91367. If you are a
California resident, you may have this same information emailed to you by
sending a letter to the foregoing address with your email address and a request
for this information. Parental control protections (such as computer hardware,
software, or filtering services) that are commercially available may assist you
in limiting access to material that is harmful to minors. If you are interested
in learning more about these protections, information is available at sites
providing information on such protections.
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