COBRA: Assertive Confrontation

DCMA POLICY

DIGITAL MILLENNIUM COPYRIGHT ACT POLICY

We respect the intellectual property rights of others just as we expect others to respect our rights. Pursuant to Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c), a copyright owner or their agent may submit a takedown notice to us via our DMCA Agent listed below. As an internet service provider, we are entitled to claim immunity from said infringement claims pursuant to the “safe harbor” provisions of the DMCA. To submit a good faith infringement claim to us, you must submit notice to us that sets forth the following information:

Notice of Infringement – Claim

1. A physical or electronic signature of the copyright owner (or someone authorized to act on behalf of the owner);

2. Identification of the copyrighted work claimed to have been infringed;

3. Identification of the infringing material to be removed, and information reasonably sufficient to permit the service provider to locate the material. [Please submit the URL of the page in question to assist us in identifying the allegedly offending work];

4. Information reasonably sufficient to permit the service provider to contact the complaining party including your name, physical address, email address, phone number and fax number;

5. A statement that the complaining party has a good faith belief that the use of the material is unauthorized by the copyright agent; and

6. A statement that the information in the notification is accurate, and, under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.

Title 17 USC §512(f) provides civil damage penalties, including costs and attorney fees, against any person who knowingly and materially misrepresents certain information in a notification of infringement under 17 USC §512(c)(3).

Send all takedown notices through our Contact page. Please send by email for prompt attention.

Please note that we may share the identity and information in any copyright infringement claim we receive with the alleged infringer. In submitting a claim, you understand accept and agree that your identity and claim may be communicated to the alleged infringer.

Counter Notification – Restoration of Material

If you have received a notice of material being takedown because of a copyright infringement claim, you may provide us with a counter notification in an effort to have the material in question restored to the site. Said notification must be given in writing to our DMCA Agent and must contain substantially the following elements pursuant to 17 USC Section 512(g)(3):

1. Your physical or electronic signature.

2. A description of the material that has been taken down and the original location of the material before it was taken down.

3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which the address is located (or if you are outside of the United States, that you consent to jurisdiction of any judicial district in which the service provider may be found), and that the you will accept service of process from the person or company who provided the original infringement notification.

5. Send your counter notice through our Contact page. Email is highly recommended.

Repeat Infringer Policy

We take copyright infringement very seriously. Pursuant to the repeat infringer policy requirements of the Digital Millennium Copyright Act, we maintain a list of DMCA notices from copyright holders and make a good faith effort to identify any repeat infringers. Those that violate our internal repeat infringer policy will have their accounts terminated.

Modifications

We reserve the right to modify the contents of this page and its policy for handling DMCA claims at any time for any reason. You are encouraged to check back to review this policy frequently for any changes.

EMPOWER KICKBOXING™ TERMS AND CONDITIONS

If you [register with our website, submit any material to our website or use any of our website services],  you expressly agree to these terms and conditions.

AGE LIMITS

You must be at least [18] years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least [18] years of age.

USE OF COOKIES

Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our [privacy and cookies policy].

COMMUNICATION PREFERENCES.

By using the MartialArtsTeachers.com and EmpowerKickboxing.com service, referred to as MATA, you consent to receive electronic communications from MATA relating to your account. These communications may involve sending emails to your email address provided during registration or posting communications on the MartialArtsTeachers.com and EmpowerKickboxing.com service, or in the “Your Account” page and will include notices about your account and are part of your relationship with MATA. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communications requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receive certain other communications from us, such as newsletters about new features and content, special offers, promotional announcements and customer surveys via email or other methods. Please review our Privacy Policy for further detail on our marketing communications.

LICENSE TO USE THE WEBSITE

You may:

(a) view pages from our website in a web browser;

(b) download pages from our website for caching in a web browser;

(c) print pages from our website;

(d) stream audio and video files from our website; and

(e) use our website services] by means of a web browser

(f) You may only use our website for [your own personal and business purposes], and you must not use our website for any other purposes.

(g) Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

ACCESS

We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

ACCEPTABLE USE

You must not:

(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d) [conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent];

(e) [access or otherwise interact with our website using any robot, spider or other automated means[, except for the purpose of [search engine indexing]]];

(f) [violate the directives set out in the robots.txt file for our website]; or

(g) [use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing)].

(h) You must not use data collected from our website to contact individuals, companies or other persons or entities.

(i) You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

(j) You must not allow any other person to use your account to access the website.

MEMBERSHIP, FREE TRIALS, BILLING, AND CANCELLATION.

(a) You may register for an account with our website by completing and submitting the account registration form on our website, and click on the verification link in the email that the website will send to you.

(b) You must notify us in writing immediately if you become aware of any unauthorized use of your account.

(c) You must not use any other person’s account to access the website, unless you have that person’s express permission to do so.

(d) Your MartialArtsTeachers.com and EmpowerKickboxing.com membership, which may start with a free trial, will continue month-to-month, year-to-year or 5-years to 5-years unless and until you cancel your membership or we terminate it.

(e) 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 MartialArtsTeachers.com and EmpowerKickboxing.com service.

(f) We will bill the monthly membership fee to your Payment Method.

(g) You must cancel your membership before it renews each month in order to avoid billing of the next month’s membership fees to your Payment Method.

MEMBERSHIPS.

(a) We offer a number of membership plans, including special promotional plans or memberships with differing conditions and limitations.

(b) Any materially different terms from those described in these Terms of Use will be disclosed at your sign-up or in other communications made available to you.

(c) You can find specific details regarding your membership with MATA by visiting our website and clicking on the “Your Profile” link.

(d) We reserve the right to modify, terminate or otherwise amend our offered membership plans.

(e) If you register for an account with our website, we will provide you with OR you will be asked to choose a user ID and password.

(f)  Your user ID must not be liable to mislead. You must not use your account or user ID for or in connection with the impersonation of any person.

(g) You must keep your password confidential.

(h) You must notify us in writing immediately if you become aware of any disclosure of your password.

(i) You are responsible for any activity on our website arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure.

INTRODUCTORY OFFERS.

(a) Your membership may start with an introductory offer. The trial period lasts for thirty (30) days or as otherwise specified during sign-up. For combinations with other offers, restrictions may apply.

(b) Free trials are for new and certain former members only. MATA reserves the right, in its absolute discretion, to determine your trial eligibility.

(c) You will not receive a notice from us that your free trial period has ended or that the paying portion of your membership has begun.

(d) We will continue to bill your Payment Method on a monthly basis for your membership fee until you cancel.

(e) To cancel, send an email to mataservice@mac.com. If you are using PayPal, you can go into your PayPal Recurring Payments to cancel the membership.

BILLING.

(a) By starting your MartialArtsTeachers.com and EmpowerKickboxing.com membership and providing or designating a Payment Method, you authorize us to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of the MartialArtsTeachers.com and EmpowerKickboxing.com service to your Payment Method.

(b) You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers, 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 in one or more charges.

PRICE CHANGES.

We reserve the right to adjust pricing for our 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 of Use, any price changes to your service will take effect following email notice to you.

BILLING CYCLE.

The membership fee for our service will be billed either monthly or annually, depending on the membership.

NO REFUNDS.

(a) Payments are non-refundable and there are no refunds or credits.

(b) Following any cancellation, however, you will continue to have access to the service through the end of your current billing period.

PAYMENT METHODS.

(a) You may edit your Payment Method information by visiting our website and clicking on the “Your Account” link, available at the top of the pages of the MartialArtsTeachers.com and EmpowerKickboxing.com website.

(b) If payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit 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.

CANCELLATION AND SUSPENSION OF ACCOUNT.

(a) You may cancel your MartialArtsTeachers.com and EmpowerKickboxing.com memberships at any time, and you will continue to have access to the service through the end of your monthly billing period.

(b) We do not provide refunds or credits for any partial-month membership periods. For assistance with a cancellation, email mataservice@mac.com or call 727-644-3384.

We may:

(a) suspend your account;

(b) cancel your account; and/or

(c) edit your account details, at any time in our sole discretion without notice or explanation.

YOUR CONTENT: LICENSE

(a)  In these terms and conditions, “your content” means [all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software, and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website].

(b) You grant to us a [worldwide, irrevocable, non-exclusive, royalty-free license] to [use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media] OR [reproduce, store and publish your content on and in relation to this website and any successor website] OR [reproduce, store and, with your specific consent, publish your content on and in relation to this website].

(c) You grant to us the right to sub-license the rights licensed under Section 9.2.

(d) You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.

(e) You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law, and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

(f) You may edit your content to the extent permitted using the editing functionality made available on our website.

(g) Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

YOUR CONTENT: RULES

(a) You warrant and represent that your content will comply with these terms and conditions.

(b) Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

(c) Your content and the use of your content by us in accordance with these terms and conditions must not:

(1) be libelous or maliciously false;

(2) be obscene or indecent;

(3) infringe any copyright, moral right, database right, trademark right, design right, right in passing off, or other intellectual property right;

(4) infringe any right of confidence, right of privacy or right under data protection legislation;

(5) constitute negligent advice or contain any negligent statement;

(6) constitute an incitement to commit a crime[, instructions for the commission of a crime or the promotion of criminal activity];

(7) be in contempt of any court, or in breach of any court order;

(8) be in breach of racial or religious hatred or discrimination legislation;

(9) be blasphemous;

(10) be in breach of official secrets legislation;

(11) be in breach of any contractual obligation owed to any person;

(12) [depict violence[ in an explicit, graphic or gratuitous manner]];

(13) [be pornographic[, lewd, suggestive or sexually explicit]];

(14) [be untrue, false, inaccurate or misleading];

(15) [consist of or contain any instructions, advice or other information which may be acted upon and could, if acted          upon, cause illness, injury or death, or any other loss or damage];

(16) [constitute spam];

(17) [be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful,          discriminatory or inflammatory]; or

(18) [cause annoyance, inconvenience or needless anxiety to any person].

DISCLAIMERS AND WARRANTIES.

We do not warrant or represent:

(a) the completeness or accuracy of the information published on our website;

(b) that the material on the website is up to date; or

(c) that the website or any service on the website will remain available.

(d) We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

(e) To the maximum extent permitted by applicable law, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

(f) This 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. MATA does not guarantee, represent or warrant that you use of the MartialArtsTeachers.com service will be uninterrupted or error-free. MATA specifically disclaims liability for the use of the content provided by the MartialArtsTeachers.com service.

(g) To the extent permissible under applicable laws, in no event shall MATA or its subsidiaries or any of their shareholders, directors, officers, employees, partners or licensors be liable (jointly or severally) to you for personal injury or any special, incidental, indirect or consequential damages or injuries of any kind, or any damages whatsoever.

(e) Nothing in these terms of use shall affect any non-waivable statutory rights that apply to you. If any provision of these Terms of Use shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

LIMITATIONS AND EXCLUSIONS OF LIABILITY

Nothing in these terms and conditions will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(c) limit any liabilities in any way that is not permitted under applicable law; or

(d) exclude any liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in these terms and conditions:

(a) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

(a) To the extent that our website and some information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

(b) We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

(c) We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

(d) We will not be liable to you in respect of any loss or corruption of any data, database or software.

(e) We will not be liable to you in respect of any special, indirect or consequential loss or damage.

(f) You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

BREACHES OF THESE TERMS AND CONDITIONS

Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to our website;

(c) permanently prohibit you from accessing our website;

(d) block computers using your IP address from accessing our website;

(e) contact any or all of your internet service providers and request that they block your access to our website;

(f) commence legal action against you, whether for breach of contract or otherwise; and/or

(g) suspend or delete your account on our website.

(h) Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking including without limitation creating and/or using a different account.

COPYRIGHT.

(a) The MartialArtsTeachers.com service, including all content provided on the service, is protected by copyright, trade secret or other intellectual property laws and treaties.

CLAIMS OF COPYRIGHT INFRINGEMENT.

(a) If you believe your work has been reproduced or distributed in a way that constitutes copyright infringement or are aware of any infringing material available through the MartialArtsTeachers.com service, please notify us by email at mataservice@mac.com.

USE OF INFORMATION SUBMITTED.

(a) MATA 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 on MartialArtsTeachers.com and EmpowerKickboxing.com, including the MartialArtsTeachers.com and EmpowerKickboxing.com website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgment or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the MartialArtsTeachers.com and EmpowerKickboxing.com service.

(b) In addition, you agree not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law. Please note MATA is not responsible for the similarity of any of its content in any media to materials or ideas transmitted to us.

(c) Should you send any unsolicited materials or ideas you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against MATA and its affiliates regarding the use of such materials and ideas, even if the material or an idea is used that is substantially similar to the material or idea you sent.

VARIATION

We may revise these terms and conditions from time to time.

(a) The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

(b) If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.

ASSIGNMENT

(a) You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

(b) You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

SEVERABILITY

(a) If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

(b) If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

THIRD PARTY RIGHTS

(a) A contract under these terms and conditions is for our benefit and your benefit and is not intended to benefit or be enforceable by any third party.

(b) The exercise of the parties rights under a contract under these terms and conditions is not subject to the consent of any third party.

SURVIVAL

If any provision or provision of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

ENTIRE AGREEMENT

These terms and conditions[, together with [our privacy and cookies policy],] shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

LAW AND JURISDICTION

(a) These terms and conditions shall be governed by and construed in accordance with [English law].

(b) Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of the United States.

STATUTORY AND REGULATORY DISCLOSURES

We are registered in Godaddy.com; you can find the online version of the register at Godaddy.com.

OUR DETAILS

(a) This website is owned and operated by Seconds Out, Inc.

(b) Our principal place of business is at 2618 Hawk Roost Court, Holiday, FL 34691.

(c)  You can contact us:

(a) [by post, to [the postal address is given above];

(b) [by telephone, at (727) 279-0505; or

(c) [by email at mataservice@mac.com.

TERMS AND CONDITIONS

EMPOWER KICKBOXING™ TERMS AND CONDITIONS

If you [register with our website, submit any material to our website or use any of our website services],  you expressly agree to these terms and conditions.

AGE LIMITS

You must be at least [18] years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least [18] years of age.

USE OF COOKIES

Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our [privacy and cookies policy].

COMMUNICATION PREFERENCES.

By using the MartialArtsTeachers.com and EmpowerKickboxing.com service, referred to as MATA, you consent to receive electronic communications from MATA relating to your account. These communications may involve sending emails to your email address provided during registration or posting communications on the MartialArtsTeachers.com and EmpowerKickboxing.com service, or in the “Your Account” page and will include notices about your account and are part of your relationship with MATA. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communications requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receive certain other communications from us, such as newsletters about new features and content, special offers, promotional announcements and customer surveys via email or other methods. Please review our Privacy Policy for further detail on our marketing communications.

LICENSE TO USE THE WEBSITE

You may:

(a) view pages from our website in a web browser;

(b) download pages from our website for caching in a web browser;

(c) print pages from our website;

(d) stream audio and video files from our website; and

(e) use our website services] by means of a web browser

(f) You may only use our website for [your own personal and business purposes], and you must not use our website for any other purposes.

(g) Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

ACCESS

We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

ACCEPTABLE USE

You must not:

(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d) [conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent];

(e) [access or otherwise interact with our website using any robot, spider or other automated means[, except for the purpose of [search engine indexing]]];

(f) [violate the directives set out in the robots.txt file for our website]; or

(g) [use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing)].

(h) You must not use data collected from our website to contact individuals, companies or other persons or entities.

(i) You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

(j) You must not allow any other person to use your account to access the website.

MEMBERSHIP, FREE TRIALS, BILLING, AND CANCELLATION.

(a) You may register for an account with our website by completing and submitting the account registration form on our website, and click on the verification link in the email that the website will send to you.

(b) You must notify us in writing immediately if you become aware of any unauthorized use of your account.

(c) You must not use any other person’s account to access the website, unless you have that person’s express permission to do so.

(d) Your MartialArtsTeachers.com and EmpowerKickboxing.com membership, which may start with a free trial, will continue month-to-month, year-to-year or lifetime unless and until you cancel your membership or we terminate it.

(e) 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 MartialArtsTeachers.com and EmpowerKickboxing.com service.

(f) We will bill the membership fee to your Payment Method.

(g) You must cancel your membership 60-days before it renews each period in order to avoid billing of the next period’s membership fees to your Payment Method.

(h) All of our online Empower Kickboxing™ membership services are defined as a recurring service.

Payments for previous months or years of any/all subscriptions are non-refundable without exception.  All Empower Kickboxing™ accounts are ONE-YEAR terms that auto-renew unless we are notified of cancellation in writing.

Cancellation of accounts requires a minimum of 60 days written notice of cancellation or pay an early termination/cancellation fee at the sole discretion of the Company with the amount depending on the remainder of the term outstanding. 

If the client does not make use of the account, payment for service is still due, with no exceptions. 

Empower Kickboxing™ accounts are not canceled until written notice is received from the client.

All Empower Kickboxing™ accounts will be suspended if an account invoice remains unpaid past 30 days of the date of issue.

MEMBERSHIPS

(a) We offer a number of membership plans, including special promotional plans or memberships with differing conditions and limitations.

(b) Any materially different terms from those described in these Terms of Use will be disclosed at your sign-up or in other communications made available to you.

(c) You can find specific details regarding your membership with MATA by visiting our website and clicking on the “Your Profile” link.

(d) We reserve the right to modify, terminate or otherwise amend our offered membership plans.

(e) If you register for an account with our website, we will provide you with OR you will be asked to choose a user ID and password.

(f)  Your user ID must not be liable to mislead. You must not use your account or user ID for or in connection with the impersonation of any person.

(g) You must keep your password confidential.

(h) You must notify us in writing immediately if you become aware of any disclosure of your password.

(i) You are responsible for any activity on our website arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure.

INTRODUCTORY OFFERS.

(a) Your membership may start with an introductory offer. The trial period lasts for thirty (30) days or as otherwise specified during sign-up. For combinations with other offers, restrictions may apply.

(b) Free trials are for new and certain former members only. MATA reserves the right, in its absolute discretion, to determine your trial eligibility.

(c) You will not receive a notice from us that your free trial period has ended or that the paying portion of your membership has begun.

(d) We will continue to bill your Payment Method on a monthly basis for your membership fee until you cancel.

(e) To cancel, send an email to mataservice@mac.com. If you are using PayPal, you can go into your PayPal Recurring Payments to cancel the membership.

BILLING.

(a) By starting your MartialArtsTeachers.com and EmpowerKickboxing.com membership and providing or designating a Payment Method, you authorize us to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of the MartialArtsTeachers.com and EmpowerKickboxing.com service to your Payment Method.

(b) You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers, 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 in one or more charges.

PRICE CHANGES.

We reserve the right to adjust pricing for our 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 of Use, any price changes to your service will take effect following email notice to you.

BILLING CYCLE.

The membership fee for our service will be billed either monthly or annually, depending on the membership.

NO REFUNDS.

(a) Payments are non-refundable and there are no refunds or credits.

(b) Following any cancellation, however, you will continue to have access to the service through the end of your current billing period.

PAYMENT METHODS.

(a) You may edit your Payment Method information by visiting our website and clicking on the “Your Account” link, available at the top of the pages of the MartialArtsTeachers.com and EmpowerKickboxing.com website.

(b) If payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit 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.

CANCELLATION AND SUSPENSION OF ACCOUNT.

(a) You may cancel your MartialArtsTeachers.com and EmpowerKickboxing.com memberships at any time, and you will continue to have access to the service through the end of your monthly billing period.

(b) We do not provide refunds or credits for any partial-month membership periods. For assistance with a cancellation, email mataservice@mac.com or call 727-644-3384.

We may:

(a) suspend your account;

(b) cancel your account; and/or

(c) edit your account details, at any time in our sole discretion without notice or explanation.

YOUR CONTENT: LICENSE

(a)  In these terms and conditions, “your content” means [all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software, and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website].

(b) You grant to us a [worldwide, irrevocable, non-exclusive, royalty-free license] to [use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media] OR [reproduce, store and publish your content on and in relation to this website and any successor website] OR [reproduce, store and, with your specific consent, publish your content on and in relation to this website].

(c) You grant to us the right to sub-license the rights licensed under Section 9.2.

(d) You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.

(e) You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law, and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

(f) You may edit your content to the extent permitted using the editing functionality made available on our website.

(g) Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

YOUR CONTENT: RULES

(a) You warrant and represent that your content will comply with these terms and conditions.

(b) Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

(c) Your content and the use of your content by us in accordance with these terms and conditions must not:

(1) be libelous or maliciously false;

(2) be obscene or indecent;

(3) infringe any copyright, moral right, database right, trademark right, design right, right in passing off, or other intellectual property right;

(4) infringe any right of confidence, right of privacy or right under data protection legislation;

(5) constitute negligent advice or contain any negligent statement;

(6) constitute an incitement to commit a crime[, instructions for the commission of a crime or the promotion of criminal activity];

(7) be in contempt of any court, or in breach of any court order;

(8) be in breach of racial or religious hatred or discrimination legislation;

(9) be blasphemous;

(10) be in breach of official secrets legislation;

(11) be in breach of any contractual obligation owed to any person;

(12) [depict violence[ in an explicit, graphic or gratuitous manner]];

(13) [be pornographic[, lewd, suggestive or sexually explicit]];

(14) [be untrue, false, inaccurate or misleading];

(15) [consist of or contain any instructions, advice or other information which may be acted upon and could, if acted          upon, cause illness, injury or death, or any other loss or damage];

(16) [constitute spam];

(17) [be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful,          discriminatory or inflammatory]; or

(18) [cause annoyance, inconvenience or needless anxiety to any person].

DISCLAIMERS AND WARRANTIES.

We do not warrant or represent:

(a) the completeness or accuracy of the information published on our website;

(b) that the material on the website is up to date; or

(c) that the website or any service on the website will remain available.

(d) We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

(e) To the maximum extent permitted by applicable law, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

(f) This 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. MATA does not guarantee, represent or warrant that you use of the MartialArtsTeachers.com service will be uninterrupted or error-free. MATA specifically disclaims liability for the use of the content provided by the MartialArtsTeachers.com service.

(g) To the extent permissible under applicable laws, in no event shall MATA or its subsidiaries or any of their shareholders, directors, officers, employees, partners or licensors be liable (jointly or severally) to you for personal injury or any special, incidental, indirect or consequential damages or injuries of any kind, or any damages whatsoever.

(e) Nothing in these terms of use shall affect any non-waivable statutory rights that apply to you. If any provision of these Terms of Use shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

LIMITATIONS AND EXCLUSIONS OF LIABILITY

Nothing in these terms and conditions will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(c) limit any liabilities in any way that is not permitted under applicable law; or

(d) exclude any liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in these terms and conditions:

(a) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

(a) To the extent that our website and some information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

(b) We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

(c) We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

(d) We will not be liable to you in respect of any loss or corruption of any data, database or software.

(e) We will not be liable to you in respect of any special, indirect or consequential loss or damage.

(f) You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

BREACHES OF THESE TERMS AND CONDITIONS

Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to our website;

(c) permanently prohibit you from accessing our website;

(d) block computers using your IP address from accessing our website;

(e) contact any or all of your internet service providers and request that they block your access to our website;

(f) commence legal action against you, whether for breach of contract or otherwise; and/or

(g) suspend or delete your account on our website.

(h) Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking including without limitation creating and/or using a different account.

COPYRIGHT.

(a) The MartialArtsTeachers.com service, including all content provided on the service, is protected by copyright, trade secret or other intellectual property laws and treaties.

CLAIMS OF COPYRIGHT INFRINGEMENT.

(a) If you believe your work has been reproduced or distributed in a way that constitutes copyright infringement or are aware of any infringing material available through the MartialArtsTeachers.com service, please notify us by email at mataservice@mac.com.

USE OF INFORMATION SUBMITTED.

(a) MATA 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 on MartialArtsTeachers.com and EmpowerKickboxing.com, including the MartialArtsTeachers.com and EmpowerKickboxing.com website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgment or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the MartialArtsTeachers.com and EmpowerKickboxing.com service.

(b) In addition, you agree not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law. Please note MATA is not responsible for the similarity of any of its content in any media to materials or ideas transmitted to us.

(c) Should you send any unsolicited materials or ideas you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against MATA and its affiliates regarding the use of such materials and ideas, even if the material or an idea is used that is substantially similar to the material or idea you sent.

VARIATION

We may revise these terms and conditions from time to time.

(a) The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

(b) If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.

ASSIGNMENT

(a) You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

(b) You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

SEVERABILITY

(a) If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

(b) If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

THIRD PARTY RIGHTS

(a) A contract under these terms and conditions is for our benefit and your benefit and is not intended to benefit or be enforceable by any third party.

(b) The exercise of the parties rights under a contract under these terms and conditions is not subject to the consent of any third party.

SURVIVAL

If any provision or provision of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

ENTIRE AGREEMENT

These terms and conditions[, together with [our privacy and cookies policy],] shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

LAW AND JURISDICTION

(a) These terms and conditions shall be governed by and construed in accordance with [English law].

(b) Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of the United States.

STATUTORY AND REGULATORY DISCLOSURES

We are registered in Godaddy.com; you can find the online version of the register at Godaddy.com.

OUR DETAILS

(a) This website is owned and operated by Seconds Out, Inc.

(b) Our principal place of business is at 34562 Calera Drive, New Port Richey, FL.

(c)  You can contact us:

(a) [by post, to [the postal address is given above];

(b) [by telephone, at (727) 279-0505; or

(c) [by email at mataservice@mac.com

Privacy Policy

Privacy Policy

Seconds Out, Inc. (DBA MartialArtsTeachers.com) is committed to safeguarding your privacy. Contact us at mataservice@mac.com if you have any questions or problems regarding the use of your Personal Data and we will gladly assist you.

By using this site or/and our services, you consent to the Processing of your Personal Data as described in this Privacy Policy.

This Privacy Policy is a part of our Terms and Conditions; by agreeing to Terms and Conditions you also agree to this Policy. In the event of a collision of terms used in Terms and Conditions and Privacy Policy, the latter shall prevail.

Table of Contents

  1. Definitions used in this Policy
  2. Data protection principles we follow
  3. What rights do you have regarding your Personal Data
  4. What Personal Data we gather about you
  5. How we use your Personal Data
  6. Who else has access to your Personal Data
  7. How we secure your data
  8. Information about cookies
  9. Contact information

Definitions

Personal Data – any information relating to an identified or identifiable natural person.
Processing – any operation or set of operations which is performed on Personal Data or on sets of Personal Data.
Data subject – a natural person whose Personal Data is being Processed.
Child – a natural person under 16 years of age.
We/us (either capitalized or not) – Seconds Out, Inc.

Data Protection Principles

We promise to follow the following data protection principles:

  • Processing is lawful, fair, transparent. Our Processing activities have lawful grounds. We always consider your rights before Processing Personal Data. We will provide you information regarding Processing upon request.
  • Processing is limited to the purpose. Our Processing activities fit the purpose for which Personal Data was gathered.
  • Processing is done with minimal data. We only gather and Process the minimal amount of Personal Data required for any purpose.
  • Processing is limited to a time period. We will not store your personal data for longer than needed.
  • We will do our best to ensure the accuracy of data.
  • We will do our best to ensure the integrity and confidentiality of data.

Data Subject’s rights

The Data Subject has the following rights:

  1. Right to information – meaning you have to right to know whether your Personal Data is being processed; what data is gathered, from where it is obtained and why and by whom it is processed.
  2. Right to access – meaning you have the right to access the data collected from/about you. This includes your right to request and obtain a copy of your Personal Data gathered.
  3. Right to rectification – meaning you have the right to request rectification or erasure of your Personal Data that is inaccurate or incomplete.
  4. Right to erasure – meaning in certain circumstances you can request for your Personal Data to be erased from our records.
  5. Right to restrict processing – meaning where certain conditions apply, you have the right to restrict the Processing of your Personal Data.
  6. Right to object to processing – meaning in certain cases you have the right to object to Processing of your Personal Data, for example in the case of direct marketing.
  7. Right to object to automated Processing – meaning you have the right to object to automated Processing, including profiling; and not to be subject to a decision based solely on automated Processing. This right you can exercise whenever there is an outcome of the profiling that produces legal effects concerning or significantly affecting you.
  8. Right to data portability – you have the right to obtain your Personal Data in a machine-readable format or if it is feasible, as a direct transfer from one Processor to another.
  9. Right to lodge a complaint – in the event that we refuse your request under the Rights of Access, we will provide you with a reason as to why. If you are not satisfied with the way your request has been handled please contact us.
  10. Right for the help of supervisory authority – meaning you have the right for the help of a supervisory authority and the right for other legal remedies such as claiming damages.
  11. Right to withdraw consent – you have the right withdraw any given consent for Processing of your Personal Data.

Data we gather

The information you have provided us with
This might be your e-mail address, name, billing address, home address etc – mainly information that is necessary for delivering you a product/service or to enhance your customer experience with us. We save the information you provide us with in order for you to comment or perform other activities on the website. This information includes, for example, your name and e-mail address.

Information automatically collected about you
This includes information that is automatically stored by cookies and other session tools. For example, your shopping cart information, your IP address, your shopping history (if there is any) etc. This information is used to improve your customer experience. When you use our services or look at the contents of our website, your activities may be logged.

Information from our partners
We gather information from our trusted partners with confirmation that they have legal grounds to share that information with us. This is either information you have provided them directly with or that they have gathered about you on other legal grounds. See the list of our partners here.

Publicly available information
We might gather information about you that is publicly available.

How we use your Personal Data

We use your Personal Data in order to:

  • provide our service to you. This includes, for example, registering your account; providing you with other products and services that you have requested; providing you with promotional items at your request and communicating with you in relation to those products and services; communicating and interacting with you, and notifying you of changes to any services.
  • enhance your customer experience;
  • fulfill an obligation under law or contract;

We use your Personal Data on legitimate grounds and/or with your Consent.

On the grounds of entering into a contract or fulfilling contractual obligations, we Process your Personal Data for the following purposes:

  • to identify you;
  • to provide you a service or to send/offer you a product;
  • to communicate either for sales or invoicing;

On the ground of legitimate interest, we Process your Personal Data for the following purposes:

  • to send you personalized offers* (from us and/or our carefully selected partners);
  • to administer and analyze our client base (purchasing behavior and history) in order to improve the quality, variety, and availability of products/ services offered/provided;
  • to conduct questionnaires concerning client satisfaction;

As long as you have not informed us otherwise, we consider offering you products/services that are similar or same to your purchasing history/browsing behavior to be our legitimate interest.

With your consent we Process your Personal Data for the following purposes:

  • to send you newsletters and campaign offers (from us and/or our carefully selected partners);
  • for other purposes we have asked your consent for;

We Process your Personal Data in order to fulfill obligation rising from law and/or use your Personal Data for options provided by law. We reserve the right to anonymize Personal Data gathered and to use any such data. We will use data outside the scope of this Policy only when it is anonymized. We save your billing information and other information gathered about you for as long as needed for accounting purposes or other obligations deriving from law.

We might process your Personal Data for additional purposes that are not mentioned here, but are compatible with the original purpose for which the data was gathered. To do this, we will ensure that:

  • the link between purposes, context, and nature of Personal Data is suitable for further Processing;
  • the further Processing would not harm your interests and
  • there would be an appropriate safeguard for Processing.

We will inform you of any further Processing and purposes.

Who else can access your Personal Data

We do not share your Personal Data with strangers. Personal Data about you is in some cases provided to our trusted partners in order to either make providing the service to you possible or to enhance your customer experience. We share your data with:

Our processing partners:

  • Authorize.net
  • PayPal.com

Our business partners:

  • COBRA-Defense
  • TASMA Presentations, LLC

We only work with Processing partners who are able to ensure an adequate level of protection to your Personal Data. We disclose your Personal Data to third parties or public officials when we are legally obliged to do so. We might disclose your Personal Data to third parties if you have consented to it or if there are other legal grounds for it.

How we secure your data

We do our best to keep your Personal Data safe.  We use safe protocols for communication and transferring data (such as HTTPS). We use anonymizing and pseudonymizing where suitable. We monitor our systems for possible vulnerabilities and attacks.

Even though we try our best we can not guarantee the security of information. However, we promise to notify suitable authorities of data breaches. We will also notify you if there is a threat to your rights or interests. We will do everything we reasonably can to prevent security breaches and to assist authorities should any breaches occur.

If you have an account with us, note that you have to keep your username and password secret.

Children

We do not intend to collect or knowingly collect information from children. We do not target children with our services.

Cookies and other technologies we use

We use cookies and/or similar technologies to analyze customer behavior, administer the website, track users’ movements, and to collect information about users. This is done in order to personalize and enhance your experience with us.

A cookie is a tiny text file stored on your computer. Cookies store information that is used to help make sites work. Only we can access the cookies created by our website. You can control your cookies at the browser level. Choosing to disable cookies may hinder your use of certain functions.

We use cookies for the following purposes:

  • Necessary cookies – these cookies are required for you to be able to use some important features on our website, such as logging in. These cookies don’t collect any personal information.
  • Functionality cookies – these cookies provide functionality that makes using our service more convenient and makes providing more personalized features possible. For example, they might remember your name and e-mail in comment forms so you don’t have to re-enter this information next time when commenting.
  • Analytics cookies – these cookies are used to track the use and performance of our website and services
  • Advertising cookies – these cookies are used to deliver advertisements that are relevant to you and to your interests. In addition, they are used to limit the number of times you see an advertisement. They are usually placed to the website by advertising networks with the website operator’s permission. These cookies remember that you have visited a website and this information is shared with other organizations such as advertisers. Often targeting or advertising cookies will be linked to site functionality provided by the other organization.

You can remove cookies stored in your computer via your browser settings. Alternatively, you can control some 3rd party cookies by using a privacy enhancement platform such as optout.aboutads.info or youronlinechoices.com. For more information about cookies, visit allaboutcookies.org.

We use Google Analytics to measure traffic on our website. Google has their own Privacy Policy which you can review here. If you’d like to opt out of tracking by Google Analytics, visit the Google Analytics opt-out page.

Contact Information

Data Protection Officer
If you have any questions regarding Processing your Personal Data, your rights regarding your Personal Data or this Privacy Policy, contact our Data Protection OfficerJohn Graden at mataservice@mac.com

Representative Contact in the EU
Name: John Graden Email: mataservice@mac.com
Phone: 7276443384

Changes to this Privacy Policy

We reserve the right to make changes to this Privacy Policy.
Last modification was made on May 25, 2018.