Online Martial Arts
Terms of Service
Last Amended: July 20, 2021
This Online Martial Arts Terms of Service (this “Terms of Service” or “Agreement”) govern the use of the mobile and internet-based services provided by Online Martial Arts, LLC, a Florida limited liability company (“Online Martial Arts,” “we” or “us”) at and through the website OnlineMartialArts.org (collectively, the “Services” or the “Platform”). The Terms of Service include all exhibits or policies referenced in the Terms of Service.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THIS IS A LEGAL AGREEMENT BETWEEN ONLINE MARTIAL ARTS AND YOU, WHICH GOVERNS YOUR USE OF THE SERVICES. YOUR USE OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO ALL OF THE TERMS AND CONDITIONS IN THESE TERMS OF SERVICE AND YOUR REPRESENTATION THAT YOU ARE AN INDIVIDUAL WHO CAN FORM LEGALLY BINDING CONTRACTS UNDER APPLICABLE LAW. WITHOUT LIMITING THE FOREGOING, THE SERVICES ARE NOT AVAILABLE TO CHILDREN (PERSONS UNDER THE AGE OF 18) OR USERS WHO HAVE HAD THEIR USER ACCOUNT TEMPORARILY OR PERMANENTLY DEACTIVATED. BY BECOMING A USER, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ENTER INTO AND ABIDE BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU OBJECT TO ANYTHING IN THESE TERMS OF SERVICE, YOU ARE NOT PERMITTED TO USE THE SERVICES.
PART 1 – About the Platform
The Platform provides a marketplace for clients (“Clients” or “you”) seeking martial arts instructional services (“Martial Arts Services”) by connecting Clients with martial arts professionals (collectively, “Professionals” or also “you”). The Professionals and Clients are both users of the Services and are hereinafter referred to collectively as “Users”.
Online Martial Arts provides the Platform for Professionals and Clients to connect and serves only as a medium to facilitate the provision of Martial Arts Services. Online Martial Arts does not provide or contract for Martial Arts Services. Professionals and Clients contract independently for the provision of Martial Arts Services. Each Client is solely responsible for selecting the Professional, the Martial Arts Services to be provided, and the location at which Martial Arts Services will be performed, whether on the premises of a Professional or at a site designated by the Client. Any decision by a Client to receive Martial Arts Services or by a Professional to provide Martial Arts Services is a decision made in such person’s sole discretion.
Online Martial Arts does not have control over the quality, suitability, reliability, timing, durability, legality, failure to provide, or any other aspect whatsoever of any Martial Arts Services provided by Professionals nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Professionals or Clients. Online Martial Arts makes no representations or warranties whatsoever with respect to Martial Arts Services provided by Professionals or requested by Clients through use of the Services, whether in public, private, or offline interactions, or about the accreditation, registration or licensing of any Professional. Online Martial Arts does not routinely screen Users, inquire into the background of Users or attempt to verify information provided by any User. Online Martial Arts does not verify or confirm that any User is who they claim to be or is accurately representing themselves and does not verify or confirm any representations with respect to Martial Arts Services or Professionals’ identity on the Platform. Online Martial Arts does not assume any responsibility for the accuracy or reliability of this information or any information provided on or through the Platform.
Although the Services are intended to provide each Professional’s availability in real-time, it is possible that a scheduling conflict may occur that requires the Professional to reschedule Client’s reservation. Creation of a reservation using the Services is not a guarantee that the Professional will honor the reservation as scheduled. Online Martial Arts cannot guarantee availability of the Martial Arts Services to any User.
Clients acknowledge and agree that the Professionals and not Online Martial Arts are solely responsible for providing Martial Arts Services and any information or warranties related thereto. Online Martial Arts is not a party to the service contracts concluded between Users through the Platform and, therefore, Online Martial Arts will not be liable for any direct, indirect, consequential or inconsequential loss or damage that results from such service contracts and any business transactions made between the Users. The Users are entitled to enter into additional agreements governing their service contracts, provided that (i) the agreed terms shall not expand or amend these Terms of Service and, (ii) in case there is a conflict between the terms of a service contract and these Terms of Service, these Terms of Service shall prevail.
The Professionals are solely responsible for:
- Ensuring that they are qualified in providing Martial Arts Services;
- Ensuring that Martial Arts Services are provided in accordance with the standards of skill and care reasonably expected from a leading service provider in Professional’s industry;
- Preparing, negotiating, concluding, and executing service contracts with Clients; and
- Cooperating with Online Martial Arts in any audits by providing information and records about such service contracts, invoices, tax returns, and other financial reports issued under service contracts.
PART 2 – Client’s Payment for Martial Arts Services
You, the Client, will be presented with the option to pay online now for the Martial Arts Service that you book through the Platform. When you select the “Pay Online Now” option, then Online Martial Arts will immediately charge the amount to your credit, debit card, Google Pay, Apple Pay, Square Up, PayPal, or any other payment method chosen by you. Should the Client’s payment method be rejected or payment cancelled for any reason whatsoever, the booking shall not be reserved and will automatically expire. As a Client, you agree that any amounts charged for Martial Arts Services (“Charges”) are mandatory and due and payable immediately upon booking Martial Arts Services. Martial Arts Service fees are set by Professionals and are set forth on the webpage and mobile application of the respective Professional on the Platform.
If you do not show up, cancel, make repeated and frequent cancellations, or show up late to receive Martial Arts Services, then you agree to pay a “Cancellation Fee” or a “No-Show Fee” if applicable. Each Professional’s Cancellation Fee and No-Show Fee (which can be up to 100% plus fees, if any) is set forth on such Professional’s webpage and mobile application on the Platform.
In connection with using the Platform to receive Martial Arts Services, you are required to enter payment information. By entering your payment information when requested, you authorize Online Martial Arts and its third-party payment processors (the “Payment Processors”) to charge and process your payments, including, without limitation, the “Cancellation Fee” and “No-Show Fee”.
While Online Martial Arts takes what we believe to be reasonable efforts to ensure secure transmission of your information to the Payment Processors, Online Martial Arts is not responsible for any fees or charges assessed by the Payment Processors or any errors in the processing of payments by third parties, including any errors that result from third-party negligence, improper transmission of payment information, your mistaken submission of payment information, or your submission of erroneous payment information.
Online Martial Arts facilitates the payment transaction per these Terms of Service between Users, but is not responsible for mediating any resulting disputes. Online Martial Arts has no obligation to provide refunds or credits, but may grant them in extenuating circumstances, or to correct any errors made by Online Martial Arts, in each case in Online Martial Arts’ sole discretion.
PART 3 – Payment Processing Services
Online Martial Arts is not a bank and does not offer banking services. Online Martial Arts facilitates the processing of payments Professionals receive from Clients using Payment Processors, this means that we collect, analyze and relay information generated in connection with these payments and these payments are processed by Payment Processors. Online Martial Arts may change Payment Processors in its sole discretion at any time and without notice. Upon addition of a new payment method, Online Martial Arts may seek authorization of your selected payment method for verification purposes to ensure that the cost of Martial Arts Services will be covered and protected against unauthorized behavior. The authorization is not a charge. However, it may reduce your available credit by the authorization amount until your next processing cycle. Should the amount of our authorization exceed the total funds on deposit in your account, you may be subject to overdraft or non-sufficient funds charges by the institution issuing your debit, credit card or any other payment method. Online Martial Arts is not responsible for these charges and is unable to assist you in recovering them from your issuing institution.
Online Martial Arts uses the payment information provided by you as described in our Privacy Policy. You may add, delete, and edit any payment information you have provided from time to time. If you provide payment information for more than one valid payment method, you must select which one you want to use to pay your bill.
By providing any payment information through the Platform, you represent, warrant, and covenant that: (1) you are legally authorized to provide such information to us; (2) you are legally authorized to perform payments from the debit or credit card account(s); and (3) such action does not violate the terms and conditions applicable to your use of such payment method account(s) or applicable law.
When you authorize a payment method account via the Platform, you represent, warrant, and covenant that there are sufficient funds or credit available to complete a payment using such payment method.
You may only use the Platform to pay the full amount of the bill; no split checks or partial payments are permitted. You are responsible for timely payment of all amounts owed by you to us or the Professionals.
Payment Processors have their own acceptance policies and procedures and Online Martial Arts has no control over the Payment Processors. Online Martial Arts will facilitate your application with the Payment Processor via the Platform. Your approval or rejection is solely subject to Payment Processors’ discretion.
PART 4 – Payouts to Professionals
When a Client pays for Martial Arts Services via the Platform’s Payment Processor, the Payment Processor will automatically initiate a payout of proceeds received from Client to the Professional’s valid, linked bank account after completion and settlement of payments. Payment Processor will charge a fee for each payment processed. These charges may change any time without notice.
PART 5 – Refunds to Clients by Professionals
By accepting card transactions and other payment methods through the Platform, you (the Professional) agree to process returns of, and provide refunds and adjustments for, your goods or services through your Account in accordance with these Terms. You are obliged to disclose your return or cancellation policy to the Clients at the time of purchase. The amount of the refund/adjustment must include any associated taxes required to be refunded and cannot exceed the amount shown as the total on the original sales data (except by the exact amount required to reimburse the Client for postage that the Client paid to return merchandise). If your refund policy prohibits returns or is unsatisfactory to the Client, you may still receive a chargeback relating to such sales. You can process a refund through your Account up to sixty (60) days from the day you accepted the payment. If your available balance is insufficient to cover the refund, the Payment Processor will withdraw up to the requested refund amount (plus any additional Payment Processor fees) from a payment method registered with your account and credit it back into the Client’s payment method. The fees are refunded by the Payment Processor, so the full purchase amount is always returned to your Client.
PART 6 – Taxes
You are responsible for determining any and all taxes assessed, incurred, or required to be collected, paid, or withheld for any reason for your use of the Platform (“Taxes”). You also are solely responsible for collecting, withholding, reporting, and remitting correct Taxes to the appropriate tax authority. Online Martial Arts shall report payments made to governmental entities as required by law by looking at the taxpayer identification number (“TIN”) associated with your account, including the applicable social security number (“SSN”) or entity identification number (“EIN”).
PART – 7 Processing Errors
We will use reasonable attempts to fix processing errors. Your failure to notify Online Martial Arts of a processing error within thirty (30) days of when it first appears on your electronic transaction history may be deemed a waiver of any right to amounts owed to you.
PART – 8 Online Martial Arts Accounts
By creating an account on the Platform (an “Account”), you are granted a limited, personal, non-transferable, non-sub licensable, non-exclusive, and revocable right to use the Platform subject to the restrictions set forth in these Terms of Service. In registering for an Account, you agree to provide true, accurate, current and complete information about yourself (“Registration Data”). You further agree that, in providing such Registration Data, you will not knowingly omit or misrepresent any material facts or information and that you will promptly enter corrected or updated Registration Data via the Platform, or otherwise advise us promptly in writing of any changes or updates to your Registration Data. You further consent and authorize us to verify your Registration Data as required for your use of and access to the Platform. We reserve the right to suspend or terminate the Account of anyone who provides inaccurate, untrue, or incomplete information, or who fails to comply with the account registration requirements.
You agree to maintain your Account solely for your own use. You agree that you will not allow another person to use your Account IDs to access or use the Platform under any circumstances. You are solely and entirely responsible for maintaining the confidentiality of your Account credentials and for any charges, damages, liabilities or losses incurred as a result of your failure to do so. We are not liable for any harm caused by or related to the theft of your Account credentials, your disclosure of your Account credentials, or your authorization to allow another person to access or use the Platform using your Account credentials. Furthermore, you are solely and entirely responsible for any and all activities that occur under your Account, including any charges incurred relating to the Platform. You agree to immediately notify us of any unauthorized use of your Account or any other breach of security known to you. You acknowledge that the complete privacy of your data and messages transmitted while using the Platform cannot be guaranteed.
We reserve the right but are not under obligation to verify the Accounts, including, without limitation, verifying the identity, location, payment methods, and email addresses, during the registration of the Account or from time to time thereafter. You agree to supply to us the requested information to keep your Account active. We reserve the right to temporarily suspend your Account during the verification process and terminate the Account if the verification fails.
The Platform may contain links to third party websites that are not owned or controlled by Online Martial Arts. Online Martial Arts has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, Online Martial Arts will not and cannot censor or edit the content of any third-party sites. BY USING THE PLATFORM, YOU EXPRESSLY RELIEVE ONLINE MARTIAL ARTS FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE.
PART 9 Termination of Account
Online Martial Arts reserves the right, in its sole discretion, to terminate your Account if you violate these Terms of Service or for any reason or no reason at any time. We may also suspend your access to your Account (including the funds in your Account), the Platform and the Services if you: (i) have violated the terms of this Agreement, any other agreement you have with Online Martial Arts, Online Martial Arts’ policies, or any applicable laws, (ii) provide any false, incomplete, inaccurate, or misleading information or otherwise engage in dishonest, fraudulent or illegal conduct, or (iii) use of abusive, insulting or unprofessional language.
If your Account is terminated or suspended for any reason or no reason, you agree: (i) to continue to be bound by this Agreement, (ii) to immediately stop using the Platform, (iii) that the license provided under this Agreement shall end immediately, (iv) that we reserve the right (but have no obligation) to delete all of your information and Account data stored on our servers, and (v) that Online Martial Arts shall not be liable to you or any third party for termination or suspension of access to the Platform or for deletion of your information or Account data.
Online Martial Arts will not be liable to you for compensation, reimbursement, or damages in connection with your use of the Platform, or in connection with any termination or suspension of the Platform. Any termination of this Agreement does not relieve you of any obligations to pay any refunds, charges, cancelations fees or other fees or costs accrued prior to the termination and any other amounts owed under this Agreement.
Online Martial Arts is not liable for any losses relating to fraudulent charges, or other actions by any User that are deceptive, fraudulent or otherwise invalid (“Fraudulent Actions”). By using the Platform, you hereby release Online Martial Arts from any liability arising from Fraudulent Actions. You will also use best efforts to promptly notify Online Martial Arts of any Fraudulent Actions, which may affect the Platform. Online Martial Arts reserves the right, in its sole discretion, to terminate the Account of any User that engages in, or enables any other User to engage in, Fraudulent Actions.
PART 10 – Feedback
If available, Users may leave feedback about other Users in a form of reviews, comments, indicators of satisfaction, or ratings (collectively, the “Feedback”). The said references are based solely on unverified data that Users voluntarily provide and Online Martial Arts references solely for the convenience of the Users. Users acknowledge and agree that:
- The Feedback will be available to all Users and a part of it may also be visible to the general Internet public;
- The Feedback must not contain any false, misleading, defamatory or unlawfully disclosed information;
- Online Martial Arts does not control, monitor, influence, contribute to or censor the Feedback;
- Online Martial Arts is not responsible for the accuracy of the Feedback, even if the information in the Feedback violates the Terms of Service;
- Online Martial Arts reserves the right but is not under any obligation to remove the Feedback that, in its sole judgement, violates the Terms of Service or has an adverse effect on the reputation of Online Martial Arts or its business interests; and
- The Feedback cannot be used for making employment, credit, underwriting, or similar decisions regarding the Users; and
- Online Martial Arts will own all intellectual rights to the Feedback.
PART 11 – Online Martial Arts Communications
By agreeing to receive commercial communication, you expressly consent and agree to accept and receive communications from us or the Professionals, including via e-mail, text message, calls, and push notifications to the cellular telephone number or e-mail address, including advertisements. By consenting to being contacted by Online Martial Arts or the Professionals, you understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of Online Martial Arts, its affiliated companies and/or Professionals, including but not limited to: reminders in connection with Professionals, operational communications concerning your Accounts or use of the Platform or Martial Arts Services, updates concerning new and existing features on the Platform, communications concerning promotions run by us or our third-party partners, and news concerning Online Martial Arts and industry developments. IF YOU WISH TO OPT-OUT OF PROMOTIONAL EMAILS, TEXT MESSAGES, OR OTHER COMMUNICATIONS, YOU MAY OPT-OUT BY CLICKING ON THE “UNSUBSCRIBE” LINK.
PART 12 – Service Use and Limitations and Changes to the Services
We may change, modify, suspend, or discontinue all or any part of the Services at any time, with or without reason. You acknowledge that the operation of the Services may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and Online Martial Arts shall not be responsible to you or others for any such interruptions, errors or problems or an outright discontinuance of the Services. Online Martial Arts has no obligation to maintain or update the Services or to continue producing or releasing new versions of the Services.
We will make reasonable efforts to keep the Services operational 24 hours a day / 7 days a week, except for: (i) planned downtime (of which we will endeavor to provide at least 8 hours prior notice); or (ii) any unavailability caused by circumstances beyond our control, including but not limited to, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems or Internet service provider failures or delays.
As a Professional, you agree to follow all applicable rules and laws and take full responsibility for any promotion you offer via the Services.
When you publish SNS content or information through the Platform, it means that everyone, including people outside of the Platform, will have access to that information and we may not have control over what they do with it.
We always appreciate your feedback or other suggestions about the Platform, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
We do our best to keep the Platform safe and spam free, but can’t guarantee it. With respect to your use of the Platform and receipt of Martial Arts Services, you agree not to violate any law, statute, ordinance or regulation, rent, lease, lend, sell, redistribute, license or sublicense the Platform.
You must not sell or transfer, or offer to sell or transfer, any Account to any third party without the prior written approval of Online Martial Arts.
You must not collect or attempt to collect personal data, or any other kind of information about other Users, including without limitation, through spidering or any form of scraping.
You must not violate, circumvent or attempt to violate or circumvent any data security measures employed by Online Martial Arts; access or attempt to access data or materials which are not intended for your use; log into, or attempt to log into, a server or account which you are not authorized to access; attempt to scan or test the vulnerability of Online Martial Arts’ servers, system or network or attempt to breach Online Martial Arts’ data security or authentication procedures; attempt to interfere with the Platform by any means including, without limitation, hacking servers or systems, submitting a virus, overloading, mail-bombing or crashing. Without limitation to any other rights or remedies of Online Martial Arts under these Terms of Service, Online Martial Arts reserves the right to investigate any situation that appears to involve any of the above, and may report such matters to, and cooperate with, appropriate law enforcement authorities in prosecuting any users who have participated in any such violations.
PART 13 – HIPAA Notice
You should not share any protected health information with Service providers via the Platform. The Platform is not intended to be used for communication of protected health information and it is not intended to be compliant with the Health Insurance Portability and Accountability Act (HIPAA). The term “protected health information” means any information that relates to the past, present or future physical or mental health or condition of an individual; the provision of health care to an individual; or the past, present or future payment for the provision of health care to an individual. If you do share any protected health information, you do so at your own risk.
PART 14 – Proprietary Rights
The Platform contains content and technology of Online Martial Arts that is protected by copyright, trademark, patent, trade secret and other laws. Online Martial Arts owns intellectual property rights to any protectable part of the Platform, including but not limited to the design, artwork, logos, functionality, and documentation (collectively, the “Property”). You may not copy, modify, or reverse engineer any part of the Platform or the Property.
In order to operate the Services, Online Martial Arts needs to make certain use of the content provided by you through the Platform (the “Content”). Therefore, by posting, uploading or submitting to Online Martial Arts, or making available for inclusion in publicly accessible areas of Online Martial Arts, any text, images, photos, graphics, audio or video, including any content protected by intellectual property rights to your Content, you represent that you have full authorization to do so. You also hereby grant Online Martial Arts a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, distribute, reproduce, modify, adapt, publicly perform, publicly display and make derivative works to the Content in connection with the Services and any services or products affiliated with the Services, regardless of the form of media used or of whether such services or products now exist or are developed in the future. This license exists only for as long as you elect to continue to include such Content on the Platform and will terminate at the time such Content is removed from the Platform by you or by Online Martial Arts.
Online Martial Arts reserves the right to remove any Content from the Platform, at its sole discretion.
Online Martial Arts respects the intellectual property of others. Online Martial Arts may, at its discretion, disable and/or terminate the Accounts of Users who Online Martial Arts, in its determination, believes have repeatedly infringed others’ rights or these Terms of Service. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, then please contact us at jguzman@onlinemartialarts.org.
PART 15 – Disclaimers
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
LOCATION DATA PROVIDED BY THE PLATFORM IS FOR BASIC LOCATION PURPOSES ONLY AND IS NOT INTENDED TO BE RELIED UPON IN SITUATIONS WHERE PRECISE LOCATION INFORMATION IS NEEDED OR IS ERRONEOUS, INACCURATE OR INCOMPLETE LOCATION DATA MAY LED TO DEATH, PERSONAL INJURY, PROPERTY OR ENVIRONMENTAL DAMAGE. NEITHER ONLINE MARTIAL ARTS, NOR ANY OF ITS CONTENT PROVIDERS, GUARANTEES THE AVAILABILITY, ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF LOCATION DATA DISPLAYED BY THE PLATFORM. ANY OF YOUR INFORMATION, INCLUDING GEOLOCATIONAL DATA, YOU UPLOAD, PROVIDE, OR POST ON THE PLATFORM MAY BE ACCESSIBLE TO ONLINE MARTIAL ARTS AND CERTAIN USERS OF THE PLATFORM.
IT IS POSSIBLE FOR OTHERS TO OBTAIN PERSONAL DATA ABOUT YOU DUE TO YOUR USE OF THE PLATFORM OR MARTIAL ARTS SERVICES AND USE SUCH DATA TO HARASS OR INJURE YOU. WE ARE NOT RESPONSIBLE FOR THE USE OF ANY PERSONAL DATA THAT YOU DISCLOSE ON THE PLATFORM OR THROUGH THE MARTIAL ARTS SERVICES. YOU UNDERSTAND THAT IN USING THE PLATFORM, SENSITIVE INFORMATION WILL TRAVEL THROUGH THIRD-PARTY INFRASTRUCTURE THAT IS NOT UNDER ONLINE MARTIAL ARTS’S CONTROL (SUCH AS THIRD-PARTY SERVERS). ONLINE MARTIAL ARTS MAKES NO WARRANTY WITH RESPECT TO THE SECURITY OF SUCH THIRD-PARTY INFRASTRUCTURE.
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ONLINE MARTIAL ARTS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
ONLINE MARTIAL ARTS MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (II) THAT YOUR ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, (III) THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED, OR (IV) THAT THE SERVICES OR ANY SERVER THROUGH WHICH YOU ACCESS THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ONLINE MARTIAL ARTS MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY, SUITABILITY, RELIABILITY, TIMING, DURABILITY, LEGALITY, OR ANY OTHER ASPECT OF MARTIAL ARTS SERVICES OFFERED OR PROVIDED BY PROFESSIONALS OR REQUESTED BY CLIENTS THROUGH USE OF THE SERVICES WHETHER IN PUBLIC, PRIVATE, OR OFFLINE INTERACTIONS OR ABOUT THE ACCREDITATION, REGISTRATION OR LICENSE OF ANY PROFESSIONAL.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, TABLETS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ONLINE MARTIAL ARTS OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
PART 16 – Limitation of Liability and Release
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ONLINE MARTIAL ARTS OR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR BODILY INJURY OR EMOTIONAL DISTRESS AND DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ONLINE MARTIAL ARTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) MARTIAL ARTS SERVICES FACILITATED BY THE SERVICES OR ANY INTERACTIONS BETWEEN USERS, INCLUDING, WITHOUT LIMITATION, ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY) OR ANY DISPUTE WITH ANY USER; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (IV) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF THE SERVICES OR YOUR DATA OR TRANSMISSIONS; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES.
PART 17 – Indemnification
You agree to defend, indemnify and hold harmless Online Martial Arts and its affiliates, officers, directors, employees, agents, partners and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney’s fees) arising from or relating to: (i) your use of and access to the Services; (ii) Martial Arts Services facilitated by the Services or any interaction between you and another User; (iii) your violation of any term of these Terms of Service; (iv) your violation of any rights of a third party, including without limitation any copyright, intellectual property, trade secret or privacy right; or (v) any third-party claims or damages relating to death, personal injury or emotional distress arising from or related to use of the Services or Martial Arts Services. This defence and indemnification obligations will survive the termination of this Agreement and your use of the Services.
PART 18 – Security
We have implemented technical and organizational measures designed to secure your personal data from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal data for improper purposes.
PART 19 – Miscellaneous; Changes
These Terms of Service and all referenced exhibits or policies, constitute the entire agreement between you and Online Martial Arts concerning the subject matter herein and the use of the Services and supersede any and all previous agreements, written or oral, between you and Online Martial Arts, including previous versions of these Terms of Service.
Online Martial Arts reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of these Terms of Service and all referenced exhibits or policies. Online Martial Arts will endeavor to notify you of any material changes by email, but will not be liable for any failure to do so. If any future changes to these Terms of Service are unacceptable to you or cause you to no longer be in compliance with these Terms of Service, you must terminate and immediately stop using the Platform. Your continued use of the Platform following any revision to these Terms of Service constitutes your complete and irrevocable acceptance of any and all such changes.
Online Martial Arts may assign these Terms of Service or any other agreement with you in whole or part at any time.
These Terms of Service and the relationship between you and Online Martial Arts shall be governed by the laws of the State of Florida, without regard to its conflict of law provisions. You and Online Martial Arts agree to submit to the personal and exclusive jurisdiction of the courts located within Broward County, Florida.
Any failure of Online Martial Arts to enforce or exercise a right provided in these Terms of Service is not a waiver of that right. Should any provision of these Terms of Service be found invalid or unenforceable, the remaining terms shall still apply.
You and Online Martial Arts both agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms of Service must be led within ONE (1) YEAR after such claim or cause of action arose or be forever barred.
Part 20 – Contact Us
Email address: info@onlinemartialarts.org
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