Effective December 1, 2014
Terms of Service
The information contained in this website is provided for informational purposes only. Kai Chi Do is a fitness and personal growth activity designed to enhance quality of life, and is not a substitute for medical diagnosis and/or treatment.
Physical exercise can be a dangerous activity. There are inherent risks in any physical activity, including fitness training or other similar activities that may be offered by Instructors. Kai Chi Do involves physically demanding exercise including breathwork, aerobics, and stretching.
Any descriptions of the results or benefits of Kai Chi Do do not guarantee or predict a similar outcome for another person. The facts and circumstances of each person are unique, and those facts and circumstances influence the result. Each person is responsible for their own well being.
DISCLAIMER OF WARRANTIES
Kai Chi Do Inc. does not make any express, implied or statutory warranties, and Kai Chi Do Inc. specifically disclaims all implied or statutory warranties, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Kai Chi Do Inc. provides this website on an “As Is” basis. We do our best to present only accurate and complete information, but we do not make any warranties or guarantees concerning the accuracy or completeness of information presented on this site or on other sites to which it links.
Kai Chi Do Inc. and its service providers cannot assure that access to the Kai Chi Do Instructor website and online materials will be permanent, uninterrupted, or error free. Kai Chi Do, Inc. may, at its sole discretion, edit and/or remove content from the website.
LINKS TO THIRD-PARTY WEBSITES
Kai Chi Do Inc. provides on the website, solely as a convenience to users, links to websites operated by our affiliates or other entities. If you use these links, you will leave this Website. If you decide to visit any linked website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. We do not make any warranty or representation regarding, or endorse or otherwise sponsor, any linked websites or the information appearing thereon or any of the products or services described thereon. Links do not imply that Kai Chi Do Inc. is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links; or that any linked website is authorized to use any trademark, trade name, logo or copyright symbol of Kai Chi Do Inc.
Your use of third party websites and resources, including without limitation their use of any content, information, data, advertising, products, or other materials on or available through such websites and resources, is at your own risk and is subject to the terms and conditions of use applicable to such sites and resources.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable laws Kai Chi Do Inc., affiliates, subsidiaries, officers, directors, employees, and suppliers, shall not be liable for any losses and expenses of whatever nature and howsoever arising including, without limitation, any direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, regardless of whether such damages were foreseeable or whether a party or any entity has been advised of the possibility of such damages or losses. This limitation of liability applies whether the alleged liability is based on contract, negligence, tort, strict liability or any other basis. Kai Chi Do Inc. shall not have any liability or responsibility for any acts, omissions or conduct of any Licensee or other third party.
You agree to indemnify and hold harmless Kai Chi Do Inc., its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of these Terms of Service.
LICENSEE /LICENSOR RELATIONSHIP
The legal relationship between Kai Chi Do Inc. and Kai Chi Do Instructors is that of licensor and licensee. Kai Chi Do Instructors are independent contractors, not an employee of Kai Chi Do Inc. The Instructor relationship does not constitute and shall not be construed as creating a partnership, joint venture, or an employee-employer relationship. Instructors have no authority to make or accept any offers or representations on behalf of Kai Chi Do Inc. or to otherwise bind Kai Chi Do Inc. in any manner.
Kai Chi Do is a registered trademark of Charles Robinson. As such, user agrees not to produce or advertise any other products, materials, and/or workouts using the Kai Chi Do name unless authorization is given in writing by Kai Chi Do Inc.
As Kai Chi Do Inc. asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by www.kaichido.com violates your copyright, we request that you contact us. Kai Chi Do Inc. will respond to such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.
GOVERNING LAW AND JURISDICTION
This Agreement will be interpreted under, and any disputes arising out of these Terms of Service will be governed by, the laws of the State of Florida, without reference to its conflicts of law principles. The United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or enforcement of this Agreement. The user irrevocably consents to the jurisdiction of the state and federal courts located in the State of Florida, USA, in connection with all actions arising out of or in connection with these Terms of Service, and waives any objections that venue is an inconvenient forum.
EFFECT OF INVALIDITY
If any court, arbitrator, or arbitration panel finds any provision of these Terms of Service to be invalid or otherwise unenforceable, that provision will be void to the extent it is contrary to applicable law. However, that finding will not affect the validity of any other provision of these Terms of Service, and the rest of these terms will remain in full force and effect unless enforcement of these terms without the invalidated provision would be grossly inequitable under all of the circumstances or would frustrate the primary purposes of these Terms of Service. Alternatively, if a court, arbitrator, or arbitration panel determines that any provision of these Terms of Service is not enforceable as expressly written, it is the intention of the parties that those provisions be modified by the court, arbitrator, or arbitration panel only as is necessary for them to be enforceable.
Kai Chi Do Inc.’s delay or failure to enforce or insist on strict compliance with any provision of these Terms of Service will not constitute a waiver or otherwise modify these terms. Kai Chi Do Inc.’s waiver of any right granted under these Terms of Service on one occasion will not (a) waive any other right; (b) constitute a continuing waiver; or (c) waive that right on any other occasion.
If you have questions about these Terms of Service, please use our Contact page to get in touch.