Terms & Conditions
Welcome to Combat Kung-Fu! We are a subscription service that provides our members with access to Combat Kung-Fu, LLC, a California limited liability company, (“CKF”) martial arts technique videos streamed over the Internet to certain Internet-connected TV’s, computers and other devices including the service provided by CKF for watching CKF technique videos, including all features and functionalities, website, and user interfaces, as well as all content and software associated therewith (collectively, the “Service”). These Terms and Conditions (“Terms”) govern your use of the website located at www. CombatKungFu.net (the “Site”) and our Service. References in these Terms to “we,” “us” or “our” mean CKF and references to “you” and “your” mean the user.
PLEASE READ THESE TERMS CAREFULLY BEFORE CONTINUING TO USE THE SITE AND CREATING YOUR ACCOUNT.
Term and Termination. These Terms are automatically renewed each time you access the Site and/or use our Services. These Terms may be terminated by us, effective immediately in the event of a breach by you of any of the provisions set forth in these Terms, as determined by us in our sole and absolute discretion. Termination will be without prejudice to any other right or remedy to which we may be entitled under these Terms or at law. You hereby acknowledge that if we, in our sole discretion, determine you to be in breach of these Terms, or upon any other termination of these Terms, we may restrict, suspend, or terminate your access to all or any part of the Site or use of the Services with or without notice.
Use of the Site. You represent and warrant that: (i) you are at least eighteen (18) years of age; and (ii) your use of the Site is subject to all applicable laws and regulations. Further, you agree that all information you have submitted to us, online or otherwise, is accurate and complete, and that you have not knowingly submitted false information on or through the Site.
License. We grant each user a limited, revocable, non-exclusive, non-assignable license to (i) access the Site in order to view the Site, (ii) make legitimate inquiries to us regarding our products and Service, and (iii) use the Service. Other than the rights expressly granted hereunder, no other right is granted. Any other use of the Site is expressly prohibited. This limited license does not include any right of collection, aggregation, copying, duplication, display or derivative use of the Site nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Site.
Membership, Billing and Cancellation.
Free Trials. Your CKF membership may start with a free trial. If available, the free trial period of your membership lasts for 1 year, or as otherwise specified during sign-up. For combinations with other offers, restrictions may apply. Free trials are for new and certain former members only. CKF reserves the right, in its absolute discretion, to determine your free trial eligibility.
Ongoing Membership. Your CKF membership, which may start with a free trial, will automatically renew monthly, semi-annually or annually (each, a “Membership Period”), depending on the type of membership plan selected (each, a “Membership Plan”), unless and until you cancel your Membership Plan, or we terminate it. Click on the Subscribe button anywhere on the site to view CKF’s current Membership Plans. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”) to use the Service after the conclusion of any free trial. We will bill the membership fee to your Payment Method. You must cancel your Membership Plan before it renews for the next Membership Period, in order to avoid billing of the next Membership Period’s membership fees to your Payment Method.
Paid Membership. We will begin billing your Payment Method for membership fees at the beginning of your membership. We will continue to bill your Payment Method on a recurring basis in accordance with the Membership Plan that you selected for your membership fee until you cancel. CLICK THE “MY ACCOUNT” LINK AT THE TOP OF ANY CKF WEB PAGE (www.CombatKungFu.net) TO FIND CANCELLATION INSTRUCTIONS.
Differing Memberships. We may offer several Membership Plans, including special promotional plans or memberships with differing conditions and limitations. Any materially different terms from those described in these Terms will be disclosed at your sign-up or in other communications made available to you. We reserve the right to modify, terminate or otherwise amend our offered Membership Plans at any time and without notice to you.
Recurring Billing. By starting your CKF membership and providing or designating a Payment Method, you authorize us to charge you a recurring membership fee at the then current rate in accordance with the Membership Plan that you selected, and any other charges you may incur in connection with your use of the Service to your Payment Method. You acknowledge that the amount billed each Membership Period may vary for reasons that may include differing amounts due to promotional offers, including gift card redemption and promotional code redemption, and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly, semi-annually or annually in one or more charges.
Price Changes. We reserve the right to adjust pricing for our Membership Plans, Service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes to your Membership Plan will take effect following email notice to you.
Billing Cycle. The membership fee for our Membership Plans will be billed at the beginning of the paying portion of your membership and each month, six-month period, or annually thereafter depending on the Membership Plan selected, unless and until you cancel your Membership Plan. We automatically bill your Payment Method monthly, semi-annually or annually on the calendar day corresponding to the commencement of your paying membership. Membership fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying membership began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your CKF membership or became a paying member on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your membership. Contact us at firstname.lastname@example.org to see the commencement date for your next renewal period. We may authorize your Payment Method in anticipation of membership or Service-related charges. As used in these Terms, “billing” indicates a charge, debit or other payment clearance, as applicable, against your Payment Method.
No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. However, if for any reason you are not completely satisfied with the Service, please contact us at email@example.com.
Payment Methods. To change your Payment Method information, contact us at firstname.lastname@example.org. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not change your Payment Method information or cancel your account (see, “Cancellation” below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
You may cancel your CKF membership at any time. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR UNUSED MEMBERSHIP PERIODS OR UNWATCHED VIDEOS. To cancel, go to the “My Account” page on our Site and follow the instructions for cancellation. If you cancel your membership, your account will be closed within two business days. [Note: CKF to check with developer re ability to detect whether members have accessed videos.]
. From time to time, other types of promotional codes may be available, including those provided as part of a third-party promotion. Promotional codes may be redeemed as described in the specifics of the promotion. Promotional codes can only be used once, cannot be redeemed for cash, and may be combined with other offers, including a free trial, subject to certain restrictions as determined by CKF in its sole discretion. If you received a promotional code through an offer by a third party, additional conditions may apply.
The Service. You must be 18 years of age to become a member of the Service. Individuals under the age of 18 may utilize the Service only with the involvement of a parent or legal guardian, under such person’s account and otherwise subject to these Terms.
The Service, and any content viewed through our Service, are for your personal and non-commercial use only. During your CKF membership, we grant you a limited, revocable, non-exclusive, non-transferable, license to access the Service and view videos through the Service on a streaming-only basis for that purpose. Except for the foregoing limited license, no right, title or interest will be transferred to you. You agree not to use the Service for public performances. You may not rent, lease, sell, redistribute, sublicense or otherwise transfer the CKF videos.
You may view a video through the Service primarily within the country in which you have established your account and only in geographic locations where we offer our Service and have licensed such video. The content that may be available to watch will vary by geographic location. CKF will use technologies to verify your geographic location. THE NUMBER OF DEVICES ON WHICH YOU MAY SIMULTANEOUSLY WATCH IS LIMITED. The number of devices available for use and the simultaneous streams may change from time to time at our discretion. [discuss with design firm]
We continually update the Service, including the content library without notice to our members. In addition, we continually test various aspects of our Service, including our Site, user interfaces, service levels, plans, promotional features, availability of videos, delivery and pricing. We reserve the right to, and by using our Service you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our Service.
You agree to use the Service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the Service or content therein. You agree not to archive, download (other than through caching necessary for personal use), reproduce, distribute, add to, subtract from or otherwise modify, translate, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms) content and information contained on or obtained from or through the Service without express written permission from CKF and its licensors. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Service; use any robot, spider, scraper or other automated means to access the Site or Service; decompile, reverse engineer or disassemble any software or other products or processes accessible on the Site and/or through the Service; insert any code or product or manipulate the content of the Site or Service in any way; or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Site or Service, including any software viruses or any other computer code, files or programs.
The availability of videos to watch will change from time to time, and from country to country and without prior notice. The quality of the display of the streaming videos may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. HD and Ultra HD availability is subject to your Internet service and device capabilities. Not all content is available in HD or Ultra HD and not all plans allow you to receive HD or Ultra HD content. Default playback settings on cellular networks exclude HD and Ultra HD content. A download speed of at least 5.0 Mbps per stream is recommended to receive HD content, which is defined as 720p or better. A download speed of at least 25.0 Mbps per stream is recommended to receive Ultra HD content, which is defined as resolution greater than 1080p. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. CKF makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching a video will vary based on a number of factors, including your location, available bandwidth at the time, the video you have selected and the configuration of your video streaming ready device.
CKF streaming software is developed by Vimeo, Inc. and is designed to enable streaming of content from CKF. This software may vary by device and medium, and functionalities may also differ between devices. BY USING OUR SERVICE, YOU ACKNOWLEDGE AND AGREE TO THE TERMS OF SERVICE OF VIMEO, INC. (vimeo.com/terms) AND TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE CKF AND RELATED THIRD-PARTY SOFTWARE. IF YOU DO NOT ACCEPT THE FOREGOING TERMS, DO NOT USE OUR SERVICE. WE DO NOT TAKE RESPONSIBILITY OR OTHERWISE WARRANT THE PERFORMANCE OF THESE DEVICES, INCLUDING THE CONTINUING COMPATIBILITY OF THE DEVICE WITH OUR SERVICE. By using our Service, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with the Service.
We may terminate or restrict your use of our Service, without compensation or notice if you are, or if we suspect that you are (i) in violation of any of these Terms or (ii) engaged in illegal or improper use of the Service.
The videos provided by CKF are meant for educational purposes only. The producers, instructors, and demonstrators of this video are not responsible for the use or misuse of the material presented.
Passwords & Account Access. The member who created the CKF account and whose Payment Method is charged is referred to here as the “Account Owner.” The Account Owner has access and control over the CKF account. The Account Owner’s control is exercised through use of the Account Owner’s password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit others from contacting CKF Customer Service and potentially altering the Account Owner’s control, the Account Owner should not reveal the Payment Method details (e.g., last four digits of their credit or debit card, or their email address) associated with their account. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.
In order to provide you with ease of access to your account and to help administer the Service, CKF implements technology that enables us to recognize you as the Account Owner and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the Service, which includes accessing via video streaming ready devices or the Site.
You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the Site and not through a hyperlink in an email or any other electronic communication, even if it looks official. CKF reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. CKF is not obligated to credit or discount a membership for holds placed on the account by either a representative of CKF or by the automated processes of CKF. (This will be a question for the company building the site re how they will ask for the credit card info after the trail membership ends. Please leave this highlighter in place until resolved.)
Disclaimer. THE SITE, SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT. IN ADDITION, WE DISCLAIM (i) ANY ENDORSEMENT OF OR LIABILITY FOR CONTENT AND HYPERLINKS OR ANY SERVICES PROVIDED BY AFFILIATES THROUGH THE SITE; (ii) ANY LIABILITY FOR INACCURACY, INCOMPLETENESS OR TIMELINESS OF THE CONTENT ON THE SITE; (iii) ANY LIABILITY FOR THE TRANSMISSION OF VIRUSES OR THE OCCURRENCE OF DATA CORRUPTION; AND (iv) ANY LIABILITY FOR OTHER DAMAGES THAT MAY RESULT FROM THE TRANSMISSION, USE OR INABILITY TO USE THE SITE OR ANY SERVICES AVAILABLE ON THE SITE, OR CIRCUMSTANCES OVER WHICH WE HAVE NO PRACTICAL CONTROL. YOU UNDERSTAND AND AGREE THAT THE OPERATION OF THE SITE MAY INVOLVE BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF THE SITE OR USE OF ANY INFORMATION, PRODUCTS OR SERVICES ACCESSED THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE WILL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE BY US OF ANY KIND.
CKF DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. CKF SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, VIDEO STREAMING READY DEVICES, AND CKF SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).
WE ARE NOT RESPONSIBLE FOR THE CONTENTS OF ANY INFORMATION POSTED BY ANY THIRD PARTY ON THE SITE, INCLUDING BUT NOT LIMITED TO ANY LINKED SITES OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES.
Limitation of Liability. CKF’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL CKF, INCLUDING WITHOUT LIMITATION ITS MEMBERS. MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, OR AFFILIATES, BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (WHETHER FORESEEABLE OR NOT, THAT ARE IN ANY WAY RELATED TO THESE TERMS, ANY VIRUSES AFFECTING THIS SITE, THE USE OR INABILITY TO USE THIS SITE, THE SERVICES ACCESSED OR DOWNLOADED THROUGH THE SITE, OR ANY INCOMPATIBILITY BETWEEN THE SITE OR ANY PRODUCTS DOWNLOADED FROM THE SITE AND OTHER WEBSITES, SERVICES, SOFTWARE AND HARDWARE), LOSS OF GOODWILL OR PROFITS, LOST BUSINESS, HOWEVER CHARACTERIZED, AND/OR FROM ANY OTHER CAUSE WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, THE SERVICES OR ANY OTHER MATERIALS OR CKF VIDEOS PROVIDED TO YOU BY CKF. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, TO US IN THE SIX (6) MONTHS PRIOR TO THE EVENTS GIVING RISE TO YOUR CLAIM. This limitation will apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS AND CONDITIONS SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.
Intellectual Property. The content, organization, graphics, design, compilation, and other matters related to the Site and the Service are protected under applicable U.S. and international copyright, trademark and intellectual property laws. “Combat Kung-Fu” and our logos and other marks are either trademarks or registered trademarks of CKF (“Trademarks”). We exclusively own all worldwide right, title and interest in and to all the Trademarks, documentation, software, contents, videos, graphics, designs, data, computer codes, ideas, know-how, “look and feel,” compilations, magnetic translations, digital conversions and other materials included within the Site and related to the Site, and all modifications and derivative works thereof, and all intellectual property rights related thereto (“Intellectual Property”). The posting of information or materials on the Site by us does not constitute a waiver of any rights in any Intellectual Property or such information and materials. You will not challenge, contest or otherwise impair CKF’s ownership of the Site or Services and the content therein or the validity or enforceability of CKF’s rights in the Intellectual Property. We reserve the right in our sole discretion to edit or delete any information or other content appearing on the Site at any time without notice. Nothing contained in these Terms will be construed by implication, estoppel, or otherwise as granting to you an ownership interest in the Intellectual Property or any copyright, trademark, patent or other intellectual property right of CKF or any third party. Other than the software, none of the material on our Site may be downloaded, distributed, reproduced, republished, posted, transmitted or copied in any form or by any means, without our prior written permission, which permission may be withheld in our sole and absolute discretion.
When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you will be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your account. The burden of proving that any Content does not violate any laws or third-party rights rests solely with you.
International Users. If you use the Site from outside of the United States, your connection will be through and to servers located in the United States and all information you provide will be processed and maintained in our web servers and internal systems located within the United States. By using the Site, you authorize the export of personal information to the United States and its storage and use as specified above when you provide such information to us.
Applications. You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) (“Application(s)”) that interact with the Service. These Applications may import data related to your CKF account and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and CKF is not responsible for such Applications. SUCH APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO OR SPONSORED BY CKF AND MAY NOT BE AUTHORIZED FOR USE WITH OUR SERVICE IN ALL LOCATIONS. USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK.
Use of Information Submitted. CKF is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or through postings to the Service, including the Site and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Service or the Site. In addition, you agree not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law. Please note CKF does not accept unsolicited materials or ideas for videos and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to CKF. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any kind will be provided to you, and you are waiving any claim against CKF and its Affiliates (as defined below) regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent. “Affiliates” means a person or entity controlled by, under common control with or controlling such person or entity.
. To find more information about our Service and its features, or if you need assistance with your account, please contact us at email@example.com. In certain instances, Customer Service may best be able to assist you by using a remote access support tool through which we have full access to your computer. If you do not want us to have this access, you should not consent to support through the remote access tool, and we will assist you through other means. In the event of any conflict between these Terms and information provided by Customer Support or other portions of our Site, these Terms will control.
Governing Law. These Terms will be governed by and construed in accordance with the laws of the state of California, U.S.A. without regard to conflict of laws provisions. You may also be entitled to certain consumer protection rights under the laws of your local jurisdiction.
You and CKF agree that any dispute, claim or controversy arising out of or relating in any way to the Service and/or these Terms, will be determined by binding arbitration. You agree that, by agreeing to these Terms, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and CKF are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision will survive termination of these Terms and the termination of your CKF membership.
If you elect to seek arbitration, you must first send to CKF, by certified mail, a written notice of your claim (“Notice”). The Notice to CKF must be addressed to: Combat Kung-Fu, LLC, 7127 University Ave., La Mesa, CA 91942 (“Notice Address”). If CKF initiates arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by CKF, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. If CKF and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or CKF may commence an arbitration proceeding.
You may download or copy a form to initiate arbitration at www.adr.org.
The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1¬800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of these Terms. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless CKF and you agree otherwise, any arbitration hearings will take place in San Diego, California.
If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
YOU AND CKF AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and CKF agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
Indemnity. You will indemnify, defend and hold us, our Affiliates, legal representatives, agents, members, managers and other partners and employees, harmless from loss, liability, costs, damages or expenses from any and all claims, actions and suits, whether groundless or otherwise, and from and against any and all claims, liabilities, judgments, losses, damages, costs, charges, attorney’s fees, and other expenses of every nature and character by reason of (a) your access to or use of the Site, (b) your breach of these Terms and/or any breach of your representations and warranties set forth in these Terms, or (c) your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. CKF will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
Prohibited Conduct and Uses. CKF imposes certain restrictions on your permissible use of the Site and the Service (in addition to those prohibited uses in the Section titled “The Service” or in other Sections of these Terms). You agree not to and are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with the Site or the Service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service for any unauthorized use including but not limited to chain letters, junk mail, “spamming,” telephone solicitations in violation of any state or federal Do-Not-Call registry, to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services, or as a basis for any use or distribution lists to any person who has not given specific permission to be included in such a process; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by CKF in providing the Site or Service.
Additionally, you agree that you will not (i) submit, transmit, promote or distribute information or content that is illegal; (ii) attempt to interfere with or compromise the system integrity or security or decipher any transmissions to or from the servers running the Site; (iiii) upload invalid data, viruses, worms, or other software agents through the Site; (iv) use any robot, spider, scraper or other system to access the Site for any purpose without our express written permission; (v) impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide or attempt to hide your identity; (vi) submit, upload, post, email, transmit or otherwise make available any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (vii) interfere with the proper working of the Site; or, (viii) bypass the measures we may use to prevent or restrict access to the Site. We reserve the right to terminate your access to the Site immediately and without notice, if we become aware and determine, in our sole discretion, that you are violating any of the foregoing guidelines. Any violation of system or network security may subject you to civil and/or criminal liability.
Inappropriate Content. You will not make the following types of content available. You agree not to upload, download, display, perform, transmit, submit or otherwise distribute or facilitate the distribution of information or content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) is harmful, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person’s view, objectionable, (c) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (d) advertises or otherwise solicits funds or is a solicitation for goods or services. CKF reserves the right to terminate your access to the Site and/or receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. CKF intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms or of any applicable laws.
California Use Only. The Site is controlled and operated by CKF from its offices in the State of California. CKF makes no representation that any of the materials or the Service to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as CKF’ purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.
Changes to Terms
Assumption of Risk and General Release.
Assumption of the Risk. YOU EXPRESSLY ACKNOWLEDGE THAT (I) PRACTICING MARTIAL ARTS AND RELATED ACTIVITIES AS DEPICTED IN THE CKF VIDEOS IS VERY DANGEROUS AND INVOLVES NUMEROUS RISKS OF INJURY, INCLUDING WITHOUT LIMITATION, FALLS AND COLLISIONS WITH OTHERS; (II) UNANTICIPATED AND UNEXPECTED DANGERS MAY ARISE, WHETHER IN PRACTICE, IN COMPETITION, OR OTHERWISE; AND (III) YOU MAY SUSTAIN BODILY INJURY, DEATH, OR PROPERTY DAMAGE IN CONNECTION WITH YOUR PARTICIPATION IN SERVICE AND RELATED ACTIVITIES. RECOGNIZING THESE RISKS AND DANGERS, YOU HEREBY EXPRESSLY AND VOLUNTARILY ASSUME ALL RISKS OF LOSS, DAMAGE OR INJURY (INCLUDING DEATH) TO PERSON OR PROPERTY THAT YOU MAY SUSTAIN IN CONNECTION WITH THE SERVICES AND/OR PARTICIPATING IN MARTIAL ARTS AND SUCH RELATED ACTIVITIES AS DEPICTED IN THE VIDEOS OR OTHERWISE.
Release. You, on your own behalf and on behalf of your parents, spouse, dependents, heirs, executors, representatives, successors, assigns and agents, and all persons acting by, through, under or in concert with any of them, and each of them, fully and forever release, discharge, and dismiss all claims, demands, actions, causes of action, defenses and rights, in law or in equity, in the nature of an administrative proceeding or otherwise (known, unknown, contingent, accrued, inchoate or otherwise) (the “Claims”), which you have or may have, and which have been or could have been asserted, against CKF and its Affiliates and their respective representatives, agents, successors, assigns, officers, directors, employees, former employees, attorneys and all persons acting by, through, under or in concert with any of them, and each of them, including, without limitation, all Claims of any nature, irrespective of how such Claims arose and whether directly or indirectly concerning, arising under or in any way relating to the Service, including, without limitation, any loss, personal injury, death, property damage, and/or any other damage you may sustain in any manner arising from or related to the Service and/or participating in martial arts; the Site; or CKF or any of its Affiliates. You waive the provisions of California Civil Code Section 1542 and/or any similar state or federal law. California Civil Code Section 1542 provides:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
You have executed this release and discharge of all claims freely and without restraint or reservation of any kind or nature. You have read and understand each and every item and condition set forth herein. You acknowledge and agree that you are assuming any risk of such unknown and unsuspected claims, losses, or damages. You agree that the foregoing release will be binding upon your successors-in-interest, heirs, executors, administrators, and assigns.
Miscellaneous. Subject to the arbitration provision above, any legal actions related to these Terms, the Service and/or the Site, or your use thereof, will be brought and conducted in San Diego County, California, and you hereby consent to such jurisdiction and authorize and accept service of process sufficient for personal jurisdiction in any action as contemplated by this section. If any provision of these Terms will be unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. Our failure to enforce any provision of these Terms will not be deemed a waiver of such provision nor the right to enforce such provision.
If you have any questions regarding these Terms, please contact us: Attn: Customer Service, Combat Kung Fu, LLC, 7127 University Avenue, La Mesa, CA 91942 or email at: firstname.lastname@example.org.
PLEASE READ THESE TERMS CAREFULLY BEFORE CONTINUING TO USE THE SITE AND CREATING AN ACCOUNT. BY CLICKING ON THE “YES, I ACCEPT” BUTTON, YOU ARE AGREEING TO BE BOUND BY, AND ARE BECOMING A PARTY TO, THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK ON THE “YES, I ACCEPT” BUTTON AND DISCONTINUE YOUR USE OF THE SITE.
EFFECTIVE DATE: April 15, 2020