TERMS of USE
1. Acceptance of the Agreement
Thank you for visiting Okamoto’s School of Karate’s website, [hereinafter: Okamoto’s] and its terms of use agreement. By using Okamoto’s website, you signify your agreement to these Terms of Use as set forth below. Okamoto’s reserves the right to change, modify, add, or remove portions of these terms at any time. Please read these terms carefully, and check periodically for changes. By using Okamoto’s website, you agree to comply, and be bound by, all changes that occur to these Terms of Use. It is highly recommended that you regularly review the Terms of Use page, in order to become aware of any new additions. However, by using any part of Okamoto’s website, you agree that you are constructively aware of all terms set below, even if these terms are recently added. Further, Okamoto’s will not send notification to its known users concerning changes to these Terms of Use. If any specific term within these Terms of Use are deemed illegal, or void, such determination shall not alter all remaining provisions not specifically deemed illegal or void.
Every user of Okamoto’s website is constructively aware of the following Warning:
WARNING:
THE STUDY OF KARATE, AND ITS DERIVATIVE MARTIAL ARTS FORMS, IS AN ACTIVITY THAT PRESENTS REAL, AND, AT TIMES, SUBSTANTIAL RISK OF PHYSICAL INJURY. OKAMOTO’S WEBSITE IS OFFERING INSTRUCTION IN THE MARTIAL ARTS IN A MEDIA PROHIBITING DIRECT SUPERVISION BY OKAMOTO STAFF. THEREFORE, ALL USERS ASSUME INDIVIDUAL RESPONSIBILITY FOR CONSULTING WITH THEIR PERSONAL PHYSICIAN. ALL USERS MUST ASSUME ALL RISKS THAT ARE ASSOCIATED WITH THE STUDY OF MARTIAL ARTS.
2. Limited Right to Use
Subject to exceptions provided below, when you become a registered member of Okamoto’s website, you are granted a non-exclusive, non-transferrable, revocable license (a) to access and use Okamoto’s website strictly in accordance with these Terms of Use; (b) to use Okamoto’s website solely for internal, personal, non-commercial purposes; and (c) to print out material from Okamoto’s website solely for internal, personal, and non-commercial purposes and provided you maintain, and honor, all copyright and other policies contained therein. No print out or electronic version of any part of Okamoto’s website or its contents may be used by you in any litigation or arbitration whatsoever under any circumstances.
To become a Member of Okamoto’s website, you must complete the registration process provided elsewhere in this site. When and if you register with Okamoto’s website, you agree to provide in your registration accurate, current and complete information about yourself, and the type of license that you intend to acquire. Further, you agree to maintain and update your registration information to keep it accurate, current, and complete. By submitting a registration form to Okamoto’s website, you explicitly agree that if any of your offered information is inaccurate, untrue, incomplete, or outdated in any respect, Okamoto’s reserves the right to terminate your use of this site, and to invalidate any rights you receive through the Terms of Use.
By becoming a member to Okamoto’s website, you represent that you are at least 18 years old, legally of age to enter into a contract, and legally capable of releasing Okamoto’s of liability. Because Okamoto’s is unable to guarantee that any member to its website is who they claim to be, Okamoto’s expressly refuses to accept responsibility or liability for any content, communication or other use or access to this site by persons under the age of 18 years old, in violation of there Terms.
Upon becoming a member to Okamoto’s website, a license shall be issued to a single individual, even if such individual is a member of a group, or a group sponsor. Each license provided by Okamoto’s shall designate the entire scope of permitted use associated with the license given. The licensee is solely responsible for maintaining the confidentiality of the issued username and password, and for all activities that are conducted through the licensee’s account. Each licensee shall assume a non-delegable duty to accept all responsibility for activity associated with the licensee’s account, including safeguarding all copyright privileges associated with this site. If the licensee is permitted to permit access to this site to persons under 18 years old, the licensee is solely responsible for supervising the content reviewed by such persons under 18 years old, and the licensee shall accept full, and absolute, legal responsibility for ensuring that any person under 18 years old, accessing this site, is supervised adequately to safeguard the physical well-being of such visitors, and ensuring that such visitors does not provide information on the site that is prohibited under state or federal law.
§ 3. Disclaimer
The information, content and documents from or through the site are provided “as-is,” “as available,” with “all faults”, and all warranties, express or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose). The information and services may contain bugs, errors, problems or other limitations.
We and at Okamoto’s website endeavor to produce valuable direction toward learning the Martial Arts, however, this training can be extremely dangerous, especially when conducted in an environment separated from direct supervision by a qualified instructor. Because the program offered through Okamoto’s website is undertaken by its Members without the direct supervision of Okamoto’s experienced staff we provide NO guarantees that Members will not pull a muscle, break a bone, suffer cuts, bruises, or any other physical injuries during the time they participate in Okamoto’s website programs. If you have any doubts concerning your physical abilities to undertake training from Okamoto’s website, we strongly encourage you to consult with your physician before becoming a member.
To the full extent permissible under state and federal law, Okamoto’s website specifically disclaims all warranties, express or implied, including, as permitted, but not limited to, the implied warranty of merchantability and fitness for a particular purpose, as relates to the instructional materials provided by Okamoto’s website, and all merchandise offered through Okamoto’s website (although, Members may exercise all legal rights against the manufacturer of all defective, or flawed, merchandise purchased at Okamoto’s website).
§ 4. Limitation of Liability
Under no circumstances and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, shall Okamoto’s website, its employees, directors, officers, agents, vendors or suppliers be liable to you or to any other person for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use of or inability to use Okamoto’s web site. This limitation of liability includes, without limitation, the following: damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction. Further, the above limitation of liability applies even if an authorized representative of Okamoto’s website has knowledge, should have possessed knowledge, or had been formerly advised, of the possibility of such damages. In no event will the Okamoto’s website be liable for any damages in excess of the Membership fees paid by you in connection with your use of the site
§ 5. Waiver of Liability
As a precondition for Membership to Okamoto’s website, all users must agree to the following waiver of liability. Payment of Membership dues to Okamoto’s website, creates automatic agreement to the waiver identified immediately below. Further, signature to any additional waiver of liability offered by Okamoto staff does not vacate, or rescind, the waiver listed below, rather additional waivers will co-exist with the waiver below, duplicating the understanding between the Member and Okamoto’s website.
As a Term of Use related to any activity, program, or other offering within Okamoto’s website, all Members, guests, or even unauthorized users of Okamoto’s website, or user of any material found within Okamoto’s website hereby acknowledges the following
WAIVER OR LIABILITY:
Member/User/Guest/visitor (authorized or unauthorized) hereby affirms that he/she is in good health and is aware that all activities, especially those with regard to actual physical training in the martial arts, are entirely voluntary, and any member/user/guest/visitor (authorized or unauthorized) can at any time elect not to partake in any activity which he/she feels may involve some element of risk or discomfort to his/her person. Accordingly, the member/user/guest/ visitor (authorized or unauthorized) accepts all conditions of membership (including those which Okamoto’s may have incorporated elsewhere in the Membership forms or Terms of Use) and agrees to hold Okamoto’s website, its affiliated schools, and all other Okamoto instructors and members harmless from liability for damages for any injuries, including but not limited to death and disability, arising from any of the activities of the organization. I also understand that no treatment for injuries sustained will be rendered by Okamoto staff, or offered anywhere with Okamoto’s website.
Signed by operation of law on the date that Okamoto’s website is accessed, either legally or illegally, and constructively signed at the time that any Member completes any purchase of any product or service offered through Okamoto’s website.
§ 6. Indemnification
As a precondition to using Okamoto’s website, you agree to indemnify, defend and hold Okamoto’s, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, liabilities, costs (including reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (i) your breach of this Agreement; (ii) your activities in connection with use of Okamoto’s website, and/or (iii) your failure to safeguard the material in this website, such that any third party gains access, and distributes, copyrighted material belonging to Okamoto’s website . This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
§ 7. Forum Selection
These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of Alaska, and any nonresident of the State of Alaska agrees to forego federal jurisdiction over any claims alleged against Okamoto’s website, its employees, affiliates, officers, or instructors, should such federal jurisdiction otherwise exist.
§ 8. Termination
The above Terms of Use are effective unless, and until, these terms are terminated by either you or Okamoto’s. You may terminate the Term of Use agreement at any time. Termination on your part REQUIRES that you immediately cease all future use Okamoto’s website. Okamoto’s may also terminate the Terms of Use agreement, and may without warning, deny you access to this site, if Okamoto’s concludes that you have failed to comply with any term or condition of the Terms of Use agreement. You do not have any right to appeal Okamoto’s decision to revoke your access to this site.
Upon any termination of the Terms of Use agreement, by either you or Okamoto’s, you are required to promptly destroy all materials downloaded or otherwise obtained from this Site, unless you have otherwise acquired a reoccurring right to use such materials, and your use is in compliance with the license acquired at the time of purchase.
§ 9. Copyright
Unless otherwise noted, all materials within Okamoto’s website, including images, text material, illustrations, designs, icons, photographs, drawings, program content, video clips and other materials that are part of Okamoto’s website are protected by copyright, trade mark, or intellectual property rights, as established by international and U.S. copyright laws. Okamoto’s specifically reserves all its copyright, trade mark, and intellectual property, rights as existing under U.S. and international copyright laws.
Use of any material within Okamoto’s website, without specific authorization, shall be deemed an infringement of copyright, trademark, or intellectual property rights held by Okamoto’s website.
§ 10. Children’s Online Protection Act (COPPA)
Okamoto’s website deems itself exempt from the provisions of COPPA, and specifically is not targeting children under the age of 13 for participation in programs offered through this website. Only persons of sufficient age to contract in the state of Alaska are permitted to become Members to Okamoto’s website. No effort is taken on the part of Okamoto’s website to gather, save, or otherwise maintain, any information it receives from persons under the age of 13, with or without parental consent. It is understood that any requests for information submitted to Okamoto’s website, if originating from a person under the age of 13, is submitted specifically for the limited purpose of obtaining pricing, or in depth program review, information from Okamoto’s website. If a person under 13 provides an e-mail address, home address, or telephone number, in connection with a request for information by Okamoto’s, such information shall not be retained by Okamoto’s after the requested information has been provided.
The programs, and materials, offered by Okamoto’s website are explicitly for persons of sufficient age to enter into contract, and waive liability. Okamoto’s is unable to verify the age of every person who requests information from Okamoto’s website, and as such, it is a Term of Use that only persons over 13 years of age are permitted to request information from Okamoto’s website, and only persons over 18 years of age can become members of Okamoto’s website. Subject to any specific terms and conditions established within the licensing agreement purchased by each member.