BELIEVING THROUGH ACHIEVING TERMS OF USE AGREEMENT

These Terms govern and apply to all persons who access and use (“Users”) the Believing Through Achieving domain and related service domains, Believing Through Achieving’s online video platform for instruction and community information (“Platform“). By accessing or using the Platform, you acknowledge that you have read these terms, understand them, and agree to be bound by the terms and conditions described herein.  If you do not agree to all of these terms and conditions, do not use the Platform.  BELIEVING THROUGH ACHIEVING MAKES NO GUARANTEES TO PRIVACY OF ANY INFORMATION INTRODUCED INTO THE PLATFORM.  USER ASSUMES ALL RISK AND RESPONSIBILITY FOR ANY PRIVATE OR SENSITIVE MATERIAL INTRODUCED TO THE PLATFORM.

 

For valuable consideration and to induce permission to participate in the martial arts instruction offered by Believing Through Achieving and Achieve Martial Arts (the “Organizations”), each of the undersigned agrees to the following terms and conditions, and each makes the following warranties:

Rules and Conduct

1. You are responsible for any activity that occurs under your username, so keep your password secure.
2. You are responsible for verifying the safety, suitability, and functional state of any items uploaded or shared via the Platform.
3. You are responsible for your conduct and any data, text, information, usernames, graphics, photos, profiles, audio, video clips, and links (“Content“) that you introduce into the Platform.
4. The Organizations do not control, are not responsible for and make no representations or warranties with respect to any Content uploaded by any User.
5. You are responsible for your access to, use of and/or reliance on any Content uploaded by a User. You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any such Content.
6. You agree that while using the Platform you will not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

This list is an example and is not intended to be complete or exclusive. We do not have an obligation to monitor your access to or use of the Platform or to review or edit any information posted to the Platform, by the User. However, we have the right to do so for the purpose of operating the Platform, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body.

We reserve the right, at any time and without prior notice, to remove or disable access to any data submitted by a User, that we consider, in our sole discretion, to be in violation of these Terms, or harmful to the Platform. The Organizations will not be liable or responsible for any lost, corrupted, or deleted data stored within the Platform or in connection to any User account. Consequently, the Organizations encourage you to maintain your own backup of your Content. In other words, the Organizations are not a backup service.  The Organizations will not be liable to you for any modification, suspension, or discontinuation of the Platform, or the loss of any Content.

The Content uploaded by Users available through the Platform has not been reviewed, verified, or authenticated by us, and may include inaccuracies or false information. We make no representations, warranties, or guarantees in connection with the Platform or any Content on the Platform, relating to the quality, suitability, truth, accuracy, or completeness of any Content contained in the Platform.

General Terms

1. You may not access or try to access non-public areas of the Platform, our computer systems, or the technical delivery systems employed by our Platform.
2. You may not use any robot, spider, site search/retrieval application or other automated device, process or means to access, retrieve, crawl, scrape, or otherwise index any portion of the site or any content from the Platform including but not limited to posted items, User profiles, names, addresses, email addresses, and photos.
3. You may not gather and use information, such as Users’ name, real names or email addresses which are made available through the service for any purpose outside of these Terms, including but not limited to Spam or any other form of unwanted solicitation.
4. You may not, in the use of the Platform, violate any laws in your jurisdiction (including but not limited to copyright laws).
5. Violation of this Agreement can result in the termination of your account in connection with the Platform. You also agree to indemnify and hold the Organizations harmless as indicated within Indemnification section below.
6. While the Platform prohibits certain conduct on its server and site, you understand and agree that the Organizations cannot be responsible for the Content posted on its server and you nonetheless may be exposed to such materials and that you use the Platform at your own risk.

General Conditions

1. We reserve the right to refuse access to anyone for any reason at any time.
2. We reserve the right to force forfeiture of any username that becomes inactive, violates trademark law, may mislead other Users, or is otherwise deemed inappropriate by the Organizations.
3. We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, defamatory, obscene, otherwise objectionable, violates any party’s intellectual property, these Terms of Use, or the Organizations’ Privacy Policy, as explained below.
4. If we decide to remove any Content for any reason, The Organizations may provide notice to the User or Instructor account from which the Content was posted.
5. We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademarks on those usernames.
6. We reserve the right to modify the Platform (or any part thereof), either temporarily or permanently, at any time without prior notice.

Proprietary Rights in Content on Believing Through Achieving Platform

1. The Organizations do NOT claim ANY ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other Content that you post on or through the Platform. By displaying or publishing (“Posting“) any Content on or through the Platform, you hereby grant to the Organizations a non-exclusive, royalty-free, worldwide, sub-licensable and transferable license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content, including without limitation distributing part or all of the Content in any media formats through any media channels now known or hereafter invented.
2. You represent and warrant that: (i) you own the Content Posted by you on or through the Platform or otherwise have the right to grant the license set forth in this section, (ii) the use of your Content on or through the Platform does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and (iii) the use of your Content on the Platform does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you use on or through the Platform within Indemnification section below.
3. The Organizations own and retain all rights in the Organizations’ Content and the Platform. The Organizations hereby grant you a limited, revocable, non-sub-licensable license to view the Organizations’ Content (excluding any Content explicitly disclaimed or limited) solely for your personal use in connection with using the Platform.
4. The Platform contains Content of Users and other Organizations licensors. Except as provided within this Agreement, you may not copy, modify, create derivative works, publicly display, publicly perform, or digitally transmit any Content appearing on or through the Platform.
5. The Organizations perform technical functions necessary to offer the Platform, including but not limited to transcoding and/or reformatting Content to allow its use throughout the Platform.

Privacy Policy

The Organizations do not guarantee the privacy of any information associated with, placed on, or used in the Platform environment.  Any private or sensitive material should be used in the Platform with extreme caution completely at the User’s own risk.     

Indemnification

You agree to indemnify and hold the Organizations’ harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees) we incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party relating to (i) your use or misuse of, or access to, the Platform, or the use of the Platform, (ii) a violation of the Terms of this agreement, any applicable law or regulation, or the rights of any third party, by any person using your account; (iii) your Content; or (iv) (a) your interaction with any Users, (b) your transfer of any item or service, or (c) your creation of an item or service post. Liability for any given item or service offered by you includes, but is not limited to, any injuries, losses, or damages of any kind arising in connection with or as a result of a request for or use of an item or service.

The Organizations retain the right to employ its own counsel. You remain solely responsible for the Organization’s defense and must obtain the Organization’s written consent to a settlement. You agree to notify the Organizations of a pending suit claiming you have violated a third party’s intellectual property or other rights. The Organizations require that you confirm your indemnification in case of a lawsuit; failure to do so may be considered a breach of your Terms of Use.

Integration with Third Party Services

If you are using the Platform combined, integrated, or used with third party products, software applications, or website (“Third Party Service[s]”), you agree that: (i) you may be required to enter into a separate license agreement with the relevant third party owner or licensor for the use of their Third Party Services (ii) the functionality of the Platform may be diminished when operating through a Third Party Service; (iii) The Organizations cannot guarantee that the Platform shall always be available on or in connection with such Third Party Services.

Ownership

The Organizations and the Platform are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, we (or our licensors) exclusively own all right, title and interest in and to the Platform, including all associated intellectual property rights. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding the Platform (“Feedback”) is given voluntarily and, even if designated as confidential, will not create any confidentiality obligation for us and we will be free to use, disclose, reproduce, license, distribute, and otherwise exploit such Feedback as we see fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise.

Modification

The Organizations reserve the right, at its sole discretion, to modify or replace any of these Terms on the Believing Through Achieving website by sending you notice through the Platform by push notification or email. The Organizations may also impose limits on certain features or restrict access to parts or all of the Platform without notice or liability. You may not opt out of these notifications, and your continued use of the Platform following the posting of any changes to these Terms constitutes acceptance of those changes.

Termination

The Organizations may terminate, change, suspend, or discontinue the Platform (including without limitation, the availability of any feature, database, or content, whether proprietary content or User generated Content) or your access to all or any part of the Platform at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your use of the Platform and related Content.

Disclaimer

You understand and agree that the Service is provided to you “AS IS” and on an “AS AVAILABLE” basis. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Platform will meet your requirements or be available on an uninterrupted, secure, or error-free basis.

Limitation of Liability

YOU UNDERSTAND AND AGREE THAT THE ORGANIZATIONS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PLATFORM; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS RESULTING FROM ANY GOODS, DATA, INFORMATION OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE PLATFORM; (iii) UNAUTHORIZED ACCESS TO, LOSS OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PLATFORM; OR (v) ANY OTHER MATTER RELATING TO THE PLATFORM.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion of limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. In these cases, The Organizations’ liability will be limited to the fullest extent permitted by applicable law.

Assumption of Risk / Release / Covenant NOT TO SUE and Indemnification 

I acknowledge that the martial arts constitutes a HAZARDOUS RECREATIONAL ACTIVITY which carries with it significant RISK of damage or PERSONAL INJURY, or DEATH to any person or property. Such hazards include cuts, abrasions, fractures, and trauma to any part of the human anatomy including head, back, neck and spinal cord. These injuries may occur as a result of falls, strikes, kicks, punches, equipment failure, bad decision making, negligent or inattentive fellow participants, instructors, or assistant instructors.  I understand that this is not a complete description of all risks inherent in my (or my child(ren)’s) participation in the martial arts, and that other unknown or unforeseeable hazards and risks of harm may occur.  

With this in mind, I accept full responsibility for my own safety, as well as for the safety of my minor child(ren), and EXPRESSLY ASSUME ALL RISKS OF HARM, whether foreseen or unforeseen, and whether occurring while in the studio or at any other location where I or my child(ren) are engaged in martial arts as part of the Organizations’ function.  I hereby RELEASE and agree to INDEMNIFY AND HOLD HARMLESS the Organizations, its shareholders, officers, employees, agents, instructors, patrons and participants, and insurers (hereinafter collectively referred to as “Released Parties”), from and against any liability, demand, claim, or right of action for any damage or injury, including paralysis or death, to any person or property, even if such damage or personal injury results from the NEGLIGENCE of the Organizations or other Released Parties.  I further COVENANT NOT TO SUE or make any demand or claim against the Organizations or other Released Parties, for or by reason of any such damage or personal injury from my participation in martial arts related activities anywhere and at any time. I will pay all fees, damages, and costs, including attorney’s fees, the Organizations or other Released Parties may incur in the enforcement of this Application Agreement.    

If I am a PARENT or GUARDIAN of any minor person under 18 years of age participating in the martial arts activities connected to the Organizations, I make these representations and agree to the terms of Application Agreement on behalf of each minor, as well as myself, and I agree to assume responsibility for their safety. I further agree to INDEMNIFY AND HOLD HARMLESS the Organizations, and the other Released Parties, from and against any demand, claim, right of action or suit that may be brought on behalf of any such minor arising from all martial arts related activities related to the Organizations, or anywhere, at any time. I will pay all fees, damages, and costs, including attorney’s fees, the Organizations or other Released Parties may incur in the enforcement of this Agreement.  I am physically fit and know of no medical or health reason why I or my minor child(ren) should not participate in this activity.  I intend this Agreement to bind me and my family, my assigns, estate, heirs, and personal representatives.  This Agreement is severable and shall be interpreted and enforced under the laws of the State Nevada, with venue in Clark County.  

Arbitration

For any dispute you have with the Organizations, you agree to first contact Believing Through Achieving and attempt to resolve the dispute with us informally. In the unlikely event that Believing Through Achieving has not been able to resolve a dispute within 30 days, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms, or breach or alleged breach thereof (collectively, “Claims”), by binding arbitration. Unless you and Believing Through Achieving decide otherwise, arbitration will be conducted in Clark County, Nevada. If your claim is for $10,000 U.S. Dollars or less, Believing Through Achieving agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the arbitration rules.  Each party will be responsible for paying any filing, administrative and arbitrator fees. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for experts and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall prevent either party from seeking injunctive or equitable relief from the courts for matters related to intellectual property rights or unauthorized access to the Service. TO THE EXTENT PERMITTED BY LAW, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND BELIEVING THROUGH ACHIEVING ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Governing Law

These Terms are governed by the laws of the State of Nevada, without regard to any conflict of laws, rules, or principles.

Complete Agreement

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. These Terms constitute the entire agreement between us regarding the Platform and supersede and replace any prior agreements we might have between us regarding the Platform.

Severability

If any provision of this is Agreement is held to be invalid, illegal or unenforceable, all other terms and provisions of this Agreement shall nevertheless remain in full force and effect and shall in no way be affected, impaired or invalidated except as mandated by ruling.

  

I have carefully read this document and fully understand its contents, which I adopt as a completely integrated and exclusive statement of the entire terms of agreement.