Terms and Conditions

 

Terms and Conditions

1. Acceptance

Welcome to the PKSAannarbor.com website operated by PKSA Karate Ann Arbor. These Terms and Conditions, in conjunction with the Privacy Policy posted on this website, declare the policies and rules that govern the use of our site. By accessing and using this site, you accept and agree to comply with the Terms and Conditions set forth in this document and posted on this website.  These Terms and Conditions may be amended from time to time with or without notice.

In addition, if you are engaging in an e-commerce transaction through our website, your transaction will also be subject to any Terms of Use specified by PayPal, as well as our User Agreement.

2. Intellectual Property

This website and its content are the property of PKSA Ann Arbor and its content suppliers. Content, including (but not limited to) software, text, graphics, logos, images, video, layout and other content are protected under the laws of the State of Michigan, the United States, and international copyright law.  Any infringement or unauthorized use will be subject to severe penalties as provided by applicable law.

3. Our Service

Our website and services are provided to you on and through our website on an "as is" basis. You agree that the owners of this website exclusively reserve the right and may, at any time and without notice and any liability to you, modify or discontinue this website and its services or delete the data you provide, whether temporarily or permanently. We shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy or improper delivery of any data or information.

4. Privacy Policy

Registration data and other personally identifiable information that we may collect is subject to the terms of our Privacy Policy.

5. User Registration and Password

Some features of this site are available only to registered site members. You must be 18 years of age or older to register as a site member. When registering, you agree to provide accurate and truthful information.

You are responsible to maintain the confidentiality of your password and shall be held responsible for all uses via your registration and/or login, whether authorized or unauthorized by you. You agree to immediately notify us of any unauthorized use or your registration, user account or password.

6. Your Conduct

You agree that our website may expose you to Content that may be objectionable or offensive. We shall not be responsible to you in any way for the Content that appears on this website nor for any error or omission. You explicitly agree, in using this website or any service provided, that you shall not:

(a) Provide any Content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortious, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, designed to or does interfere or interrupt this website or any service provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national or international law;
 (b) Impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you;
(c) Collect or harvest any data about other users;
(d) Provide or use this website and any Content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without our prior written consent;
(e) Provide any Content that may give rise to our civil or criminal liability or which may constitute or be considered a violation of any local, national or international law, including but not limited to laws relating to copyright, trademark, patent, or trade secrets;
(f) Infringe on any copyrights or intellectual property rights;
(g) Offer for sale, promote or advertise through PKSAannarbor.com: firearms, items designed to restrain or hurt or harm or inconvenience people, drugs or narcotics, tobacco, substances which may be used - or advertised as such - to achieve hallucinogenic effects, pornography, alcohol, racially offensive, or carry out, promote or advertise any manner of illegal activities. We reserve the right to report any breaches of this nature to the relevant law authorities. We reserve the right to make judgments upon what is permissible to sell through our website.

7. Third Party Services

Goods and services of third parties may be advertised and/or made available on or through this website. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. We shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties.

8. Indemnification

You agree to indemnify and hold us harmless, our subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from any claim or demand, including reasonable legal fees, that may be made by any third party, that is due to or arising out of your conduct or connection with this website or service, your violation of these Terms and Conditions or any other violation of the rights of another person or party.

9. Disclaimer Of Warranties

You understand and agree that your use of this website and any services or content provided (The "Service") is made available and provided to your at your own risk. It is provided to you "as is" and we expressly disclaim all warranties of any kind, implied or expressed, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty that any part of the service will be uninterrupted, error-free, virus-free, timely, secure, accurate, reliable, of any quality, nor that any content is safe in any manner for download. You understand and agree that neither us nor any participant in the Service provides professional advice of any kind and that use of such advice or any other information is solely at your own risk and without our liability of any kind. Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimer may not apply to you only as it relates to implied warranties.

10. Limitation Of Liability

You expressly understand and agree that we shall not be liable for any direct, indirect, special, incidental, consequential or exemplary damages, including but not limited to: damages for loss of profits, goodwill, use, data or other intangible loss (even if we have been advised of the possibility of such damages), resulting from or arising out of; (I) The use of or the inability to use the Service; (II) The cost to obtain substitute goods and/or services resulting from any transaction entered into on or through this Service; (III) Unauthorized access to or alteration of your data transmissions; (IV) Statements of conduct of any third party on the Service, or; (V) Any other matter relating to the Service. In some jurisdictions, it is not permitted to limit liability and therefore such limitations may not apply to you.

11. Reservation Of Rights

We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our website, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of our website or service without our prior written consent.

12. Applicable Law

You agree that these Terms and Conditions and any dispute arising out of your use or misuse of this website or our products or services shall be governed by and construed in accordance with the laws of the State of Michigan and the United States of America, without regard to any conflict of law provisions. By registering or using this website and service you consent and submit to the exclusive jurisdiction and venue of the courts of the County of Washtenaw, State of Michigan, and United States District Court for the Eastern District of Michigan, Southern Division.

13. Miscellaneous Information

(I) In the event that these Terms and Conditions conflicts with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these Terms and Conditions will remain valid and intact.  The provisions are severable; (II) The failure of either party to assert any right under these Terms and Conditions shall not be considered a waiver of any that party's right and that right will remain in full force and effect; (III) You agree that without regard to any statute or contrary law that any claim or cause arising out of this website or its services must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred; (IV) We may assign our rights and obligations under these Terms and Conditions and we shall be relieved of any further obligation.

14. E-commerce Transactions

All e-commerce transactions conducted through this site are subject to the regulations set forth in our User Agreement, as outlined below:

User Agreement

By clicking “Agree” you are accepting, and agree to be bound by, the policies, regulations, and conditions set forth in the PKSAAnnArbor.com Terms and Conditions document, which is posted in its entirety on the PKSAAnnArbor.com website. The contents of this User Agreement are included in our Terms & Conditions document.

Refund Policy

Purchases made through the PKSAAnnArbor.com website are subject to the following Returns policy:

Services: Services purchased are non-refundable, but may be transferred to a third party. This includes, but is not limited to, private instruction and training.

Merchandise: Merchandise purchased is returnable, but subject to a 10% restocking fee.

Testing Fees: Fees for belt testing are non-refundable. A make-up test will be available and offered at a specified date for no extra cost. If you are unable to attend either the original test or the make-up test, your paid fee may be transferred and applied to the next testing cycle.

Special Event Registration: Fees for special event registration is non-refundable. Special events that take the form of multi-session classes are non-refundable after the first class session, unless posted otherwise.

Site Transaction Fee: The site transaction fee of $2 (for orders totaling under $100) or $5 (for orders totaling $100 or more) is non-refundable.

Payment Transactions

Please be aware that all financial transactions for our site are handled via PayPal and are subject to their policies, regulations, and procedures as posted on their site. When making a purchase, you will leave the PKSAAnnArbor.com website and be taken to PayPal’s secure site to process your payment. Upon completing your payment transaction, you will automatically be returned to the PKSAAnnArbor.com website.

Purchases made through the PKSAAnnArbor.com website are intended for retail use only.

Changes To The Services

PKSAAnnArbor.com has the right to change or modify, upgrade, add to, or discontinue the services, products or any portion or feature thereof at any time without notice.

Financial transactions are handled via PayPal and are subject to their policies and procedures.

 

NOTICE:

Visitors are referred to PayPal's Acceptable Use Policy.  PKSA Ann Arbor will adhere to all terms mandated in this policy.  Any violation of this policy will not be tolerated.

 

 

 

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