Terms and Conditions | Empower Kickboxing™ Martial Arts Curriculum

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;

(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

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].

(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).

(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

(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;

(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;

(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.

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

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