ACCEPTANCE OF TERMS
CHANGE OF TERMS
COPYRIGHT; LIMITED LICENSE
The Materials and Services on this Site are protected by copyright and/or other intellectual property laws and any unauthorized use of the Materials or Services at this Site may violate such laws. Except as expressly provided herein, The Institute and its suppliers do not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information with respect to the Materials and Services.
Except as specifically permitted herein, no portion of the information or documents on this Site may be reproduced in any form or by any means without the prior written permission of the Institute. Elements of Site are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any the Institute Web site may be copied or retransmitted unless expressly permitted by the Institute.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the Material and Services are for your personal and non-commercial use. Except as necessary to use this site, you may not modify, copy, distribute, transmit, display, perform, or reproduce any information, software, products or services obtained from the Site. You may not publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Site.
WARRANTIES AND DISCLAIMERS
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND THE COMPANY, ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY THAT (i) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE OBTAINED FROM THE SITE WILL BE CORRECTED.
IN NO EVENT SHALL THE COMPANY OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF THE SERVICE.
YOU ASSUME ALL RISK
The information regarding martial arts, tai chi, and chi kung presented on this site is for information purposes only. The Institute is NOT responsible for any injury which may occur through your use of this information. You assume all risk associated with using any of this information. Consult a physician before beginning any activity.
NO UNLAWFUL OR PROHIBITED USE
You agree not to use Service or the Site to (i) disseminate or transmit unsolicited communications, (ii) disseminate or transmit material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious, (iii) disseminate or transmit files, graphics, software, or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, or other intellectual property right of any third party, (iv) create a false identity or to otherwise attempt to mislead any person as to the identity or origin of any communication, (v) interfere, disrupt, or attempt to gain unauthorized access to other accounts on the Service or any other computer network, (vi) disseminate or transmit viruses, Trojan horses, or any other malicious code or program, (vii) “hack”, “crack”, reverse engineer or otherwise compromise any of the systems or software available on this Site or Services (viii) engage in any behavior that would violate the law or the rights of another or (ix) engage in any other activity deemed by the Institute to be an unacceptable or inappropriate use of the Service or the Site.
Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include but are not limited to password guessing programs, cracking tools or network probing tools. The Institute will fully cooperate with law enforcement authorities in investigating suspected lawbreakers and may release your name and other information to the appropriate authorities for that purpose. The Institute may log instances of abuse of system resources and take action as outlined below. System abuse means any use of Site or Services resources which disrupt the normal use of the Site or Services for others. Examples of system abuse include, but are not limited to, attempting to disrupt the sessions or communications of other users consuming excessive amounts of CPU time, network resources or disk space, or otherwise unreasonably and adversely affecting the performance of Services servers. If you use, or attempt to use the Service for other purposes including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of Service or software, you will be subject to damages and other penalties, including criminal prosecution where available.
PERSONAL INFORMATION AND PRIVACY
You agree to be bound by the terms of the licenses of any software that you access, download, or use from this Site or Services. You also agree that you will comply with the license requirements of any software that you may use in connection with the Site or Services.
THIRD PARTY COMPONENTS
You acknowledge and agree that use of the Service and the Site require third party equipment and software (collectively, the "Third Party Components") that must be provided by you. The Third Party Components include, without limitation, the following: a computer(s), a connection to the internet, operating system software, and a web browser (the necessary version of any of the foregoing to be designated by the Institute from time to time). THE COMPANY SHALL HAVE NO RESPONSIBILITY TO YOU OR ANY THIRD PARTY WITH RESPECT TO THE THIRD PARTY COMPONENTS.
CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied on the Institute’s Web site, systems, or network, in a way that constitutes infringement under the Copyright Act, please provide the following information to the Institute’s Designated Agent for receipt of notification of claimed infringement (to ensure that your notification complies with the requirement of the Digital Millennium Copyright Act, please see 17 U.S.C. § 512(c)(3)):
1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2) A description of the copyrighted work that you claim has been infringed;
3) A description of where the material that you claim is infringing is located on the site;
4) Your address, telephone number, and email address;
5) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6) A statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. The Institute’s Designated Agent can be contacted at:
The trademarks, logos and service marks ("Marks") displayed on this Site or Services are the property of the Institute or other third parties. You are not permitted to use the Marks without the prior written consent of the company or such third party which may own the Marks. Energy Boxing, Kung Fu Foundation Curriculum are trademarks of Institute.
You are expected to conduct yourself in a professional manner when using the Site and Services. Though the Institute has no obligation to monitor or police the Site and Services, it may from time to time do so. The Institute may, at its sole discretion restrict or terminate the account of anyone at any time for conduct it deems inappropriate. The company is not liable for any damages you may incur as a result of the conduct of other users you may interact with on our systems.
You agree not to use unsolicited email, usenet, message board postings, or similar methods of mass messaging (spam). The Institute strictly prohibits its members from using spam and other forms of Internet abuse. Spam is defined as including, but not limited to, any of the following: Electronic mail messages addressed to a recipient with whom the initiator does not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient; Certain off-line activities that, while not considered spam, are similar in nature, including distributing flyers or leaflets on private property or where prohibited by applicable rules, regulations, or laws; Messages posted to Usenet and message boards that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated newsgroups, or posted in excessive volume; or Solicitations posted to chat rooms, or to groups or individuals via Internet Relay Chat or "Instant Messaging" system (such as ICQ). The Institute may, at its sole discretion and with or without prior notice, suspend or terminate a member's account.
In no event shall the Institute be liable for any act or omission of any third party (such as, for example, any provider of telecommunications services, internet access or computer equipment or software) or any circumstances beyond its control (such as, for example, a fire, flood, or other natural disaster, war, riot, strike, act of civil or military authority, equipment failure, computer virus, or failure or interruption of electrical, telecommunications, or other utility services, or misrouted IP addresses, or other internet interruptions).
INVESTIGATION OF VIOLATIONS
COOPERATION WITH AUTHORITIES
In addition to the terms listed above, you further agree that the Institute may access and disclose information about you or your use of the Site or Services when the Institute deems necessary or appropriate to comply with the law or legal process, to protect the Institute’s systems and customers, or to ensure the integrity and operation of Institute’s business and systems. Unless otherwise prohibited by law, such disclosure may include, without limitation, user profile information (e.g., name, e-mail address, etc.), transaction information, IP address and traffic information, and usage history.
GOVERNING LAW AND JURISDICTION
The Site (excluding linked sites) and Services are controlled by the Institute
from its offices within the state of Maryland, United States of America.
By accessing the Site or Services, you and The Institute agree that all
matters relating to your access to, or use of, this Site or Services shall
be governed by the statutes and laws of the State of Maryland and applicable
United States federal law, without regard to the conflicts of laws principles
thereof. Copyright and other proprietary matters will be governed by applicable
United States laws and international treaties. Exclusive venue for all litigation
regarding this Agreement shall be in the State of Maryland and you agree
to submit to the jurisdiction of the courts in State of Maryland for any
such litigation. The Institute makes no representation that Materials or
Services available on this Site are appropriate or available for use in
other locations, and accessing them from territories where their contents
are illegal is prohibited. Those who choose to access the Site or Services
from other locations do so on their own initiative and are responsible for
compliance with local laws.