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.
Martialinfo does not provide recommendations or certifications and should not be used as a substitute for personal investigation. The information on its sites is intended only for general informational use within the United States.
Your use of the information on our sites or participation in any area or offering at our sites do not create a business, referral or fiduciary relationship between you and us.
Nothing on these websites should be considered or construed as a recommendation or certificate of any of the schools or instructors listed. Although we try to update and ensure the accuracy of the information on our sites, we do not guarantee that all the information on our sites is completely current or suitable for any particular situation.
We strongly recommend that you personally investigate and research all schools and instructors in your area. Do not act on or rely on any information from our sites without first doing your own investigation. Our sites are not a substitute for independent research and evaluation.
All communications to us are public. All communications sent to and posted at Martialinfo sites are made public, including all postings at message boards. Do not submit any privileged or confidential information since they will become public. Do not send any personal information to us by email. All communications, including e-mails, articles, posts and other written transmissions submitted to us or posted on our sites become the property of Martialinfo for its exclusive use.
We do not endorse, recommend or approve links from our sites. The links from our sites that go to other sites are for convenience only; we do not endorse, recommend or approve of these sites. We have no control over the content found on such sites and make no warranties as to the accuracy or adequacy of any information found at such sites. Similarly, we are not responsible for information found on or through our sites generated by third parties.
Your use of our sites is at your own risk. Martialinfo is not responsible for any loss, injury, claim, liability, or damage related to your use of our sites or any other linked sites (including but not limited to errors or omissions in the content of the sites or a site being down or unavailable.)
Martialinfo.com is not a martial arts instructor or school referral service. It does not recommend or endorse any instructor or school.
The Martialinfo image on search results merely identifies those schools and instructors that have registered with us.
The Martialinfo.com image on search results and the placement of an instructor or school at the top of the list is not intended and should not be construed as a recommendation or endorsement of any instructor or school or of their teaching abilities.