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Terms Of Use & Service
IMPORTANT! THESE TERMS OF SERVICE (TOS) GOVERN YOUR USE OF THIS SITE,
WHICH IS PROVIDED BY OUR COMPANY. BY ACCESSING THIS SITE, YOU ARE
INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE.
THESE TERMS OF USE ARE SUBJECT TO CHANGE BY OUR COMPANY AT ANY TIME IN
ITS DISCRETION. YOUR USE OF THIS SITE AFTER SUCH CHANGES ARE
IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE
CHANGES. PLEASE CONSULT THESE TERMS OF USE REGULARLY.
Access To This Site
Children
KickingKarate.com does not knowingly collect or
solicit Personally Identifiable Information from or about children
under 13 except as permitted by law. If we discover we have received
any information from a child under 13 in violation of this policy, we
will delete that information immediately. If you believe
KickingKarate.com has any information from or about anyone under
13, please contact us at the address listed below.
Contacting Us.
We can be reached by contacting:
KickingKarate.com
Email: support[at]KickingKarate.com
If under 18 you should have parental permission or be under parental supervision.
To access this site or some of the resources it has to offer, you may
be asked to provide certain registration details or other information.
It is a condition of your use of this site that all the information you
provide on this site will be correct, current, and complete. If our
Company believes the information you provide is not correct, current,
or complete, we have the right to refuse you access to this site or any
of its resources, and to terminate or suspend your access at any time,
without notice.
Restrictions On Use
You may use this site for purposes expressly permitted by this site.
You may not use this site for any other purpose, including any
commercial purpose, without our Company's express prior written
consent. For example, you may not (and may not authorize any other
party to) (i) co-brand this site, or (ii) frame this site, or (iii)
hyper-link to this site, without the express prior written permission
of an authorized representative of our Company. For purposes of these
Terms of Use, "co-branding" means to display a name, logo, trademark,
or other means of attribution or identification of any party in such a
manner as is reasonably likely to give a user the impression that such
other party has the right to display, publish, or distribute this site
or content accessible within this site. You agree to cooperate with our
Company in causing any unauthorized co-branding, framing or
hyper-linking immediately to cease.
Proprietary Information
The material and content (hereinafter referred to as the "Content")
accessible from this site, and any other World Wide Web site owned,
operated, licensed, or controlled by our Company is the proprietary
information of our Company or the party that provided the Content to
our Company, and our Company or the party that provided the Content to
our Company retains all right, title, and interest in the Content.
Accordingly, the Content may not be copied, distributed, republished,
uploaded, posted, or transmitted in any way without the prior written
consent of our Company, or unless authorized in writing elsewhere on
our site, except that you may print out a copy of the Content solely
for your personal use. In doing so, you may not remove or alter, or
cause to be removed or altered, any copyright, trademark, trade name,
service mark, or any other proprietary notice or legend appearing on
any of the Content. Modification or use of the Content except as
expressly provided in these Terms of Use violates our Company's
intellectual property rights. Neither title nor intellectual property
rights are transferred to you by access to this site.
Hyper-Links
This site may be hyper-linked to other sites which are not maintained
by, or related to, our Company. Hyper-links to such sites are provided
as a service to users and are not sponsored by or affiliated with this
site or our Company. Our Company has not reviewed any or all of such
sites and is not responsible for the content of those sites.
Hyper-links are to be accessed at the user's own risk, and our Company
makes no representations or warranties about the content, completeness
or accuracy of these hyper-links or the sites hyper-linked to this
site. Further, the inclusion of any hyper-link to a third-party site
does not necessarily imply endorsement by our Company of that site.
Submissions
You hereby grant to our Company the royalty-free, perpetual,
irrevocable, worldwide, non-exclusive right and license to use,
reproduce, modify, adapt, publish, translate, create derivative works
from, distribute, perform, and display all content, remarks,
suggestions, ideas, graphics, or other information communicated to our
Company through this site (together, hereinafter known as the
"Submission"), and to incorporate any Submission in other works in any
form, media, or technology now known or later developed. Our Company
will not be required to treat any Submission as confidential, and may
use any Submission in its business (including without limitation, for
products or advertising) without incurring any liability for royalties
or any other consideration of any kind, and will not incur any
liability as a result of any similarities that may appear in future
Company operations.
Our Company will treat any personal information that you submit through
this site in accordance with its Privacy Policy as set forth on this
site.
Disclaimer
You understand that our Company cannot and does not guarantee or
warrant that files available for downloading from the Internet will be
free of viruses, worms, Trojan horses or other code that may manifest
contaminating or destructive properties. You are responsible for
implementing sufficient procedures and checkpoints to satisfy your
particular requirements for accuracy of data input and output, and for
maintaining a means external to this site for the reconstruction of any
lost data. Our Company does not assume any responsibility or risk for
your use of the Internet.
The Content is not necessarily complete and up-to-date and should not
be used to replace any written reports, statements, or notices provided
by Company. Investors, borrowers, and other persons should use the
Content in the same manner as any other educational medium and should
not rely on the Content to the exclusion of their own professional
judgment.
Information obtained by using this site is not exhaustive and does not
cover all issues, topics, or facts that may be relevant to your goals.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. The Content is provided "as
is"; and without warranties of any kind, either expressed or implied.
Our Company disclaims all warranties, including any implied warranties
of merchantability, fitness for a particular purpose, TITLE, OR
NON-INFRINGEMENT. Our Company does not warrant that the functions OR
CONTENT contained in this site will be uninterrupted or error-free,
that defects will be corrected, or that this site or the server that
makes it available are free of viruses or other harmful components. Our
Company does not warrant or make any representation regarding use, or
the result of use, of the content in terms of accuracy, reliability, or
otherwise. The content may include technical inaccuracies or
typographical errors, and Company may make changes or improvements at
any time. You, and not our Company, assume the entire cost of all
necessary servicing, repair or correction IN THE EVENT OF ANY LOSS OR
DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. Our COMPANY
MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE
RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS
OR OMISSIONS IN SUCH CONTENT.
All of the information in this site, whether historical in nature or
forward-looking, speaks only as of the date the information is posted
on this site, and Company does not undertake any obligation to update
such information after it is posted or to remove such information from
this site if it is not, or is no longer, accurate or complete.
Limitation On Liability
COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS,
CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT
BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF
REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR
DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF COMPANY AND ITS
SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT
PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY
(REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR
OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO
COMPANY FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF WHICH
LIABILITY AROSE.
Indemnity
You will indemnify and hold KickingKarate.com, its subsidiaries,
affiliates, licensors, content providers, service providers, employees,
agents, officers, directors, and contractors (hereinafter known as the
"Indemnified Parties") harmless from any breach of these Terms of Use
by you, including any use of Content other than as expressly authorized
in these Terms of Use. You agree that the Indemnified Parties will have
no liability in connection with any such breach or unauthorized use,
and you agree to indemnify any and all resulting loss, damages,
judgments, awards, costs, expenses, and attorney's fees of the
Indemnified Parties in connection therewith. You will also indemnify
and hold the Indemnified Parties harmless from and against any claims
brought by third parties arising out of your use of the information
accessed from this site.
Trademarks
Trademarks, service marks, and logos appearing in this site are the
property of Company or the party that provided the trademarks, service
marks, and logos to Company. KickingKarate.com and any party that
provided trademarks, service marks, and logos to Company retain all
rights with respect to any of their respective trademarks, service
marks, and logos appearing in this site.
Information You Provide
You may not post, send, submit, publish, or transmit in connection with this site any material that:
you do not have the right to post, including proprietary material of
any third party; advocates illegal activity or discusses an intent to
commit an illegal act; is vulgar, obscene, pornographic, or indecent;
does not pertain directly to this site; threatens or abuses others,
libels, defames, invades privacy, stalks, is obscene, pornographic,
racist, abusive, harassing, threatening or offensive; seeks to exploit
or harm children by exposing them to inappropriate content, asking for
personally identifiable details or otherwise; infringes any
intellectual property or other right of any entity or person, including
violating anyone's copyrights or trademarks or their rights of
publicity; violates any law or may be considered to violate any law;
impersonates or misrepresents your connection to any other entity or
person or otherwise manipulates headers or identifiers to disguise the
origin of the content; advertises any commercial endeavor (e.g.,
offering for sale products or services) or otherwise engages in any
commercial activity (e.g., conducting raffles or contests, displaying
sponsorship banners, and/or soliciting goods or services) except as may
be specifically authorized on this site; solicits funds, advertisers or
sponsors; includes programs which contain viruses, worms and/or Trojan
horses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer software
or hardware or telecommunications; disrupts the normal flow of
dialogue, causes a screen to scroll faster than other users are able to
type, or otherwise act in a way which affects the ability of other
people to engage in real time activities via this site; includes MP3
format files; amounts to a 'pyramid' or similar scheme; disobeys any
policy or regulations established from time to time regarding use of
this site or any networks connected to this site; or contains
hyper-links to other sites that contain content that falls within the
descriptions set forth above.
Although under no obligation to do so, our Company reserves the right
to monitor use of this site to determine compliance with these Terms of
Use, as well the right to remove or refuse any information for any
reason. Notwithstanding these rights, you remain solely responsible for
the content of your submissions. You acknowledge and agree that neither
Company nor any third party that provides Content to Company will
assume or have any liability for any action or inaction by Company or
such third party with respect to any submission.
Security
Any passwords used for this site are for individual use only. You will
be responsible for the security of your password (if any). Company will
be entitled to monitor your password and, at its discretion, require
you to change it. If you use a password that Company considers
insecure, Company will be entitled to require the password to be
changed and/or terminate your account.
You are prohibited from using any services or facilities provided in
connection with this site to compromise security or tamper with system
resources and/or accounts. The use or distribution of tools designed
for compromising security (e.g., password guessing programs, cracking
tools or network probing tools) is strictly prohibited. If you become
involved in any violation of system security, KickingKarate.com
reserves the right to release your details to system administrators at
other sites in order to assist them in resolving security incidents.
Company reserves the right to investigate suspected violations of these
Terms of Use.
Company reserves the right to fully cooperate with any law enforcement
authorities or court order requesting or directing KickingKarate.com to
disclose the identity of anyone posting any e-mail messages, or
publishing or otherwise making available any materials that are
believed to violate these Terms of Use.
BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS COMPANY FROM
ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY DURING OR AS A
RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A
CONSEQUENCE OF INVESTIGATIONS BY EITHER [COMPANY] OR LAW ENFORCEMENT
AUTHORITIES.
Miscellaneous
These Terms of Use will be governed and interpreted pursuant to the
laws of Sussex County, New Jersey, United States of America,
notwithstanding any principles of conflicts of law. You specifically
consent to personal jurisdiction in Sussex County, New Jersey in
connection with any dispute between you and KickingKarate.com arising
out of these Terms of Use or pertaining to the subject matter hereof.
The parties to these Terms of Use each agree that the exclusive venue
for any dispute between the parties arising out of these Terms of Use
or pertaining to the subject matter of these Terms of Use will be in
the state and federal courts in Sussex County, New Jersey. If any part
of these Terms of Use is unlawful, void or unenforceable, that part
will be deemed severable and will not affect the validity and
enforceability of any remaining provisions. These Terms of Use
constitute the entire agreement among the parties relating to this
subject matter. Notwithstanding the foregoing, any additional terms and
conditions on this site will govern the items to which they pertain.
Company may revise these Terms of Use at any time by updating this
posting.
Last updated: June 1, 2008
© 2008 by KickingKarate.com
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