Terms of Use

Last Updated September 1, 2020

Agreement to Terms of Use

The following are the terms and conditions of use (the 'Terms of Use') of the website located at jimsmithkarate.com (the 'Website'). The Website is the property of Jim Smith Karate. By accessing, browsing and/or otherwise using the Website you acknowledge that you have read, understood, and agree, to be bound by these Terms of Use. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE WEBSITE.

Copyright Notice

The content and information displayed on this website is the property of Jim Smith Karate. The downloading, reproduction, or retransmission of this information, other than for non-commercial individual use, is strictly prohibited. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. Jim Smith Karate reserves complete title and full intellectual property rights in any content you downloaded from the web site.

Services

Jim Smith Karate offers various online services, programs and information ('Website Services') through the Website. You understand and agree that the Website Services are provided on an 'AS-IS' and 'AS AVAILABLE' basis and that Jim Smith Karate assumes no responsibility for, among other things, any service outages or interruptions, the unavailability of particular features or services, or the inability to access all or part of the Website Services. Jim Smith Karate reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. We will make every effort to keep content on this site current, we do not guarantee it is the most up to date information available. For up-to-the minute information on class changes, contact information and any other information regarding Jim Smith Karate, its operations, programs and offers, please contact a Jim Smith Karate location or the corporate contact information provided on this site.

Links to Third-Party Websites and Co-Branded Websites

The Website may contain links to third-party websites, however, please be aware that Jim Smith Karate is not responsible for and cannot control these other websites. The Website may also contain links to co-branded websites that are maintained by third parties by agreement with Jim Smith Karate. Jim Smith Karate makes no representations whatsoever about any other website. When you access any other websites, even one that may contain the Jim Smith Karate logo, please understand that it is independent from Jim Smith Karate, and that Jim Smith Karate may have no control over the content on that website. In addition, a link to another website does not mean that Proformance Combat Sports Industries endorses or accepts any responsibility for the content, or the use, of such website. It is up to you to take precautions to ensure that whatever website you select for your use is free of viruses, contamination or other items of a destructive nature.

No Warranty

YOU UNDERSTAND AND AGREE THAT JIM SMITH KARATE AND ITS SUPPLIERS, PROVIDE THE WEBSITE SERVICES ON AN "AS IS" AND 'AS AVAILABLE' BASIS. ALL INFORMATION ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. JIM SMITH KARATE CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. JIM SMITH KARATE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. JIM SMITH KARATE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE AND/OR ANY WEBSITE SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST JIM SMITH KARATE FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS PART OF THE BARGAIN BETWEEN THE PARTIES. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.

Liability Limitation

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL JIM SMITH KARATE, ITS AFFILIATES OR OUR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE WEBSITE OR FROM INFORMATION PROVIDED ON THE WEBSITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Violation of Terms of Use; Indemnity

If you do not comply with these Terms of Use, Jim Smith Karate (in its sole discretion and without limitation of its other rights or remedies) may terminate your access to the Website and/or block your future access to the Website. You agree to indemnify and hold Jim Smith Karate, its officers, members, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates harmless from any demands, loss, liability, claims or expenses, including attorneys' fees, made by any third party due to or arising out of your use of the Website.

Privacy

By agreeing to this agreement, you also consent to the privacy practices set forth in our Privacy Policy, which may be modified as set out in the Privacy Policy. To the extent you are covered by laws requiring your consent for data transfer to the United States, you agree that your data may be transferred to the United States and collected and used accordance with our Privacy Policy.

Children

The Website Services are not intended for use by children. If you are under the age of 18, you may not use our Website Services. By accepting this agreement, you agree and warrant that you are not under the age of 18.

Modification

Jim Smith Karate may amend the Terms of Use at any time by posting the amended terms on the Website. All amendments shall be effective upon posting. Your use of the Website Services following the effective date of any modifications shall constitute your acceptance of those modifications. These terms of use were last modified September 1, 2020.

Governing Law; Jurisdiction

You agree that all matters related to your access to or use of the Website, including all disputes, will be governed by the laws of the State of New York, USA. The rights and liabilities of the parties shall be determined in accordance with the law of the State of New York, without regard to its principles of conflicts of laws. The parties agree that the exclusive jurisdiction and venue for the resolution of any dispute arising from or relating to the Website shall lie in the Westchester County Superior Court for the State of New York. You agree that any claim or cause of action arising out of or related to use of the Website Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Severability

If any one or more of the provisions of these Terms of Use shall be for any reason whatsoever held invalid, then such provisions shall be deemed severable from the remaining provisions and shall in no way affect the validity or enforceability of the other provisions of these Terms of Use.

Contact Information

You can contact the Jim Smith Karate, by postal mail at the following address: Jim Smith Karate, 250 Mahopac Ave. Yorktown Heights, NY 10598. If you are a New York 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. Except as explicitly stated otherwise, any notices shall be given by postal mail to Jim Smith Karate, Attn: Website Manager, 250 Mahopac Ave. Yorktown Heights, NY 10598 (in the case of Jim Smith Karate) or by e-mail to the e-mail address you provide to Jim Smith Karate during the registration process (in your case).

General

Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. These Terms of Use constitute the entire agreement between you and Jim Smith Karate with regard to your use of the Website, and any and all other written or oral agreements or understandings previously existing between you and Jim Smith Karate, with respect to such use are hereby superseded and cancelled. You agree that if any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions.

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Tel: 914-621-0100     Email: jimsmithkarate@optimum.net

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