Agreement to Terms of Use
The following are the terms and conditions of use (the 'Terms of Use') of the website located at proformancecombatsports.com (the 'Website'). The Website is the property of Proformance Combat Sports Industries Inc d/b/a Proformance Combat Sports® ('Proformance Combat Sports Center'). By accessing, browsing and/or otherwise using the Website you acknowledge that you have read, understood, and agree, to be bound by these Terms of Use. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE WEBSITE.
Copyright Notice
The content and information displayed on this website is the property of Proformance Combat Sports Industries Inc. The downloading, reproduction, or retransmission of this information, other than for non-commercial individual use, is strictly prohibited. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. Proformance Combat Sports Center reserves complete title and full intellectual property rights in any content you downloaded from the web site.
Services
Proformance Combat Sports Center offers various online services, programs and information ('Website Services') through the Website. You understand and agree that the Website Services are provided on an 'AS-IS' and 'AS AVAILABLE' basis and that Proformance Combat Sports Center assumes no responsibility for, among other things, any service outages or interruptions, the unavailability of particular features or services, or the inability to access all or part of the Website Services. Proformance Combat Sports Center reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. We will make every effort to keep content on this site current, we do not guarantee it is the most up to date information available. For up-to-the minute information on class changes, contact information and any other information regarding Proformance Combat Sports Center, its operations, programs and offers, please contact an Proformance Combat Sports Center location or the corporate contact information provided on this site.
Submissions
Any communications or submissions to Proformance Combat Sports Center, including, but not limited to, feedback, questions, comments, suggestions shall be and will remain the exclusive property of Proformance Combat Sports Center:
Trademarks 'Proformance Combat Sports ®,' 'Proformance Combat Sports Center ®,' 'Proformance Combat Sports Gear®,' 'Proformance Karate®,' 'Proformance Jiu Jitsu ®,' 'Proformance Kickboxing ®,' are registered trademarks, trademarks or service marks owned exclusively by Proformance Combat Sports Industires Inc. in the United States and other jurisdictions and licensed to Proformance Combat Sports. All other marks referenced herein may be the property of Proformance Combat Sports Industries Inc. or other respective owners.
Access from Outside the U.S.
This website is controlled and operated by Proformance Combat Sports Industries from its offices within the United States. Proformance Combat Sports Center makes no representation that materials in the Website are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
Links to Third-Party Websites and Co-Branded Websites
The Website may contain links to third-party websites, however, please be aware that Proformance Combat Sports Industries is not responsible for and cannot control these other websites. The Website may also contain links to co-branded websites that are maintained by third parties by agreement with Proformance Combat Sports Industries. Proformance Combat Sports Industries makes no representations whatsoever about any other website. When you access any other websites, even one that may contain the Proformance Combat Sports Industries logo, please understand that it is independent from Proformance Combat Sports Industries, and that Proformance Combat Sports Industries may have no control over the content on that website. In addition, a link to another website does not mean that Proformance Combat Sports Industries endorses or accepts any responsibility for the content, or the use, of such website. It is up to you to take precautions to ensure that whatever website you select for your use is free of viruses, contamination or other items of a destructive nature.
No Warranty
YOU UNDERSTAND AND AGREE THAT PROFORMANCE COMBAT SPORTS INDUSTRIES AND ITS SUPPLIERS, PROVIDE THE WEBSITE SERVICES ON AN "AS IS" AND 'AS AVAILABLE' BASIS. ALL INFORMATION ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. PROFORMANCE COMBAT SPORTS INDUSTRIES CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. PROFORMANCE COMBAT SPORTS INDUSTRIES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PROFORMANCE COMBAT SPORTS INDUSTRIES DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE AND/OR ANY WEBSITE SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST PROFORMANCE COMBAT SPORTS INDUSTRIES FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS PART OF THE BARGAIN BETWEEN THE PARTIES. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
Liability Limitation
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL PROFORMANCE COMBAT SPORTS INDUSTRIES, ITS AFFILIATES OR OUR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE WEBSITE OR FROM INFORMATION PROVIDED ON THE WEBSITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Violation of Terms of Use; Indemnity
If you do not comply with these Terms of Use, Proformance Combat Sports Center (in its sole discretion and without limitation of its other rights or remedies) may terminate your access to the Website and/or block your future access to the Website. You agree to indemnify and hold Proformance Combat Sports Center, its officers, members, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates harmless from any demands, loss, liability, claims or expenses, including attorneys' fees, made by any third party due to or arising out of your use of the Website.
Copyright Policy
Proformance Combat Sports Center respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Proformance Combat Sports Center Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed, including the URL (web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; a description of where the material that you claim is infringing is located on the Website, including the URL; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Proformance Combat Sports Center copyright agent for notice of claims of copyright infringement can be reached as follows:
Attn: Proformance Combat Sports Legal Department
87 Glen Road
Yonkers, NY 10704
Email: info@proformancecombatsports.com
Privacy
By agreeing to this agreement, you also consent to the privacy practices set forth in our Privacy Policy, which may be modified as set out in the Privacy Policy. To the extent you are covered by laws requiring your consent for data transfer to the United States, you agree that your data may be transferred to the United States and collected and used accordance with our Privacy Policy.
Children
The Website Services are not intended for use by children. If you are under the age of 18, you may not use our Website Services. By accepting this agreement, you agree and warrant that you are not under the age of 18.
Modification
Proformance Combat Sports Center may amend the Terms of Use at any time by posting the amended terms on the Website. All amendments shall be effective upon posting. Your use of the Website Services following the effective date of any modifications shall constitute your acceptance of those modifications. These terms of use were last modified October 25, 2017.
Governing Law; Jurisdiction
You agree that all matters related to your access to or use of the Website, including all disputes, will be governed by the laws of the State of New York, USA. The rights and liabilities of the parties shall be determined in accordance with the law of the State of New York, without regard to its principles of conflicts of laws. The parties agree that the exclusive jurisdiction and venue for the resolution of any dispute arising from or relating to the Website shall lie in the Westchester County Superior Court for the State of New York. You agree that any claim or cause of action arising out of or related to use of the Website Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Severability
If any one or more of the provisions of these Terms of Use shall be for any reason whatsoever held invalid, then such provisions shall be deemed severable from the remaining provisions and shall in no way affect the validity or enforceability of the other provisions of these Terms of Use.
Contact Information
You can contact the Proformance Combat Sports Center, by postal mail at the following address: Proformance Combat Sports Center, 87 Glen Road, Yonkers, NY 10704. If you are a New York resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information. Except as explicitly stated otherwise, any notices shall be given by postal mail to Proformance Combat Sports Center, Attn: Website Manager, 87 Glen Road, Yonkers, NY 10704 (in the case of Proformance Combat Sports Center) or by e-mail to the e-mail address you provide to Proformance Combat Sports Center during the registration process (in your case).
General
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. These Terms of Use constitute the entire agreement between you and Proformance Combat Sports Center with regard to your use of the Website, and any and all other written or oral agreements or understandings previously existing between you and Proformance Combat Sports Center, with respect to such use are hereby superseded and cancelled. You agree that if any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions
The following are the terms and conditions of use (the 'Terms of Use') of the website located at proformancecombatsports.com (the 'Website'). The Website is the property of Proformance Combat Sports Industries Inc d/b/a Proformance Combat Sports® ('Proformance Combat Sports Center'). By accessing, browsing and/or otherwise using the Website you acknowledge that you have read, understood, and agree, to be bound by these Terms of Use. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE WEBSITE.
Copyright Notice
The content and information displayed on this website is the property of Proformance Combat Sports Industries Inc. The downloading, reproduction, or retransmission of this information, other than for non-commercial individual use, is strictly prohibited. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. Proformance Combat Sports Center reserves complete title and full intellectual property rights in any content you downloaded from the web site.
Services
Proformance Combat Sports Center offers various online services, programs and information ('Website Services') through the Website. You understand and agree that the Website Services are provided on an 'AS-IS' and 'AS AVAILABLE' basis and that Proformance Combat Sports Center assumes no responsibility for, among other things, any service outages or interruptions, the unavailability of particular features or services, or the inability to access all or part of the Website Services. Proformance Combat Sports Center reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. We will make every effort to keep content on this site current, we do not guarantee it is the most up to date information available. For up-to-the minute information on class changes, contact information and any other information regarding Proformance Combat Sports Center, its operations, programs and offers, please contact an Proformance Combat Sports Center location or the corporate contact information provided on this site.
Submissions
Any communications or submissions to Proformance Combat Sports Center, including, but not limited to, feedback, questions, comments, suggestions shall be and will remain the exclusive property of Proformance Combat Sports Center:
- You shall have no right of confidentiality in your communications and Proformance Combat Sports Center shall have no obligation to protect your communications from disclosure;
- Proformance Combat Sports Center shall be free to reproduce, use, disclose and distribute your communications to others without limitation; and
- Proformance Combat Sports Center shall be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information.
Trademarks 'Proformance Combat Sports ®,' 'Proformance Combat Sports Center ®,' 'Proformance Combat Sports Gear®,' 'Proformance Karate®,' 'Proformance Jiu Jitsu ®,' 'Proformance Kickboxing ®,' are registered trademarks, trademarks or service marks owned exclusively by Proformance Combat Sports Industires Inc. in the United States and other jurisdictions and licensed to Proformance Combat Sports. All other marks referenced herein may be the property of Proformance Combat Sports Industries Inc. or other respective owners.
Access from Outside the U.S.
This website is controlled and operated by Proformance Combat Sports Industries from its offices within the United States. Proformance Combat Sports Center makes no representation that materials in the Website are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
Links to Third-Party Websites and Co-Branded Websites
The Website may contain links to third-party websites, however, please be aware that Proformance Combat Sports Industries is not responsible for and cannot control these other websites. The Website may also contain links to co-branded websites that are maintained by third parties by agreement with Proformance Combat Sports Industries. Proformance Combat Sports Industries makes no representations whatsoever about any other website. When you access any other websites, even one that may contain the Proformance Combat Sports Industries logo, please understand that it is independent from Proformance Combat Sports Industries, and that Proformance Combat Sports Industries may have no control over the content on that website. In addition, a link to another website does not mean that Proformance Combat Sports Industries endorses or accepts any responsibility for the content, or the use, of such website. It is up to you to take precautions to ensure that whatever website you select for your use is free of viruses, contamination or other items of a destructive nature.
No Warranty
YOU UNDERSTAND AND AGREE THAT PROFORMANCE COMBAT SPORTS INDUSTRIES AND ITS SUPPLIERS, PROVIDE THE WEBSITE SERVICES ON AN "AS IS" AND 'AS AVAILABLE' BASIS. ALL INFORMATION ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. PROFORMANCE COMBAT SPORTS INDUSTRIES CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. PROFORMANCE COMBAT SPORTS INDUSTRIES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PROFORMANCE COMBAT SPORTS INDUSTRIES DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE AND/OR ANY WEBSITE SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST PROFORMANCE COMBAT SPORTS INDUSTRIES FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS PART OF THE BARGAIN BETWEEN THE PARTIES. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
Liability Limitation
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL PROFORMANCE COMBAT SPORTS INDUSTRIES, ITS AFFILIATES OR OUR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE WEBSITE OR FROM INFORMATION PROVIDED ON THE WEBSITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Violation of Terms of Use; Indemnity
If you do not comply with these Terms of Use, Proformance Combat Sports Center (in its sole discretion and without limitation of its other rights or remedies) may terminate your access to the Website and/or block your future access to the Website. You agree to indemnify and hold Proformance Combat Sports Center, its officers, members, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates harmless from any demands, loss, liability, claims or expenses, including attorneys' fees, made by any third party due to or arising out of your use of the Website.
Copyright Policy
Proformance Combat Sports Center respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Proformance Combat Sports Center Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed, including the URL (web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; a description of where the material that you claim is infringing is located on the Website, including the URL; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Proformance Combat Sports Center copyright agent for notice of claims of copyright infringement can be reached as follows:
Attn: Proformance Combat Sports Legal Department
87 Glen Road
Yonkers, NY 10704
Email: info@proformancecombatsports.com
Privacy
By agreeing to this agreement, you also consent to the privacy practices set forth in our Privacy Policy, which may be modified as set out in the Privacy Policy. To the extent you are covered by laws requiring your consent for data transfer to the United States, you agree that your data may be transferred to the United States and collected and used accordance with our Privacy Policy.
Children
The Website Services are not intended for use by children. If you are under the age of 18, you may not use our Website Services. By accepting this agreement, you agree and warrant that you are not under the age of 18.
Modification
Proformance Combat Sports Center may amend the Terms of Use at any time by posting the amended terms on the Website. All amendments shall be effective upon posting. Your use of the Website Services following the effective date of any modifications shall constitute your acceptance of those modifications. These terms of use were last modified October 25, 2017.
Governing Law; Jurisdiction
You agree that all matters related to your access to or use of the Website, including all disputes, will be governed by the laws of the State of New York, USA. The rights and liabilities of the parties shall be determined in accordance with the law of the State of New York, without regard to its principles of conflicts of laws. The parties agree that the exclusive jurisdiction and venue for the resolution of any dispute arising from or relating to the Website shall lie in the Westchester County Superior Court for the State of New York. You agree that any claim or cause of action arising out of or related to use of the Website Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Severability
If any one or more of the provisions of these Terms of Use shall be for any reason whatsoever held invalid, then such provisions shall be deemed severable from the remaining provisions and shall in no way affect the validity or enforceability of the other provisions of these Terms of Use.
Contact Information
You can contact the Proformance Combat Sports Center, by postal mail at the following address: Proformance Combat Sports Center, 87 Glen Road, Yonkers, NY 10704. If you are a New York resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information. Except as explicitly stated otherwise, any notices shall be given by postal mail to Proformance Combat Sports Center, Attn: Website Manager, 87 Glen Road, Yonkers, NY 10704 (in the case of Proformance Combat Sports Center) or by e-mail to the e-mail address you provide to Proformance Combat Sports Center during the registration process (in your case).
General
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. These Terms of Use constitute the entire agreement between you and Proformance Combat Sports Center with regard to your use of the Website, and any and all other written or oral agreements or understandings previously existing between you and Proformance Combat Sports Center, with respect to such use are hereby superseded and cancelled. You agree that if any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions
