TERMS OF SERVICE AGREEMENT
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF AUGUST 1, 2019
1. You recognize and understand that martial arts training is an activity that involves physical contact and that my participation might result in serious injury, including permanent disability or even death, and severe social and economic loss.
2. You recognize and understand that such risk may be due to not only your own actions, but also the action, inaction or negligence of others, the regulations of participation, or the conditions of the premises, or of any of the equipment used.
3. You recognize that there may be other risks that are not known to you or to others or not reasonably foreseeable at this time.
4. You agree to inspect the facilities, equipment and pairings prior to participation. You will immediately inform an instructor if you believe that anything is unsafe or beyond your capability and refuse to participate.
5. You assume all of the foregoing risks and accept personal responsibility for any damages that may result from injury, permanent disability or death.
6. You enter martial arts training and /or competition entirely of your own free will and understand the importance of following the rules of training and competition.
7. You certify that you are in good physical condition, and have no dis ease, injury, or other condition that would impair your performance or physical and mental well-being during intense training practice and/or competition.
8. You grant permission in case of injury to have a doctor, nurse, athletic trainer or other emergency medical personnel provide you with medical assistance or treatment for such injury.
9. You release, waiver discharge and covenant not to sue, Royal Taekwondo Inc., its affiliated organizations and governing bodies, their officers, instructors and personnel, other members of the organizations, participants, supervisors, coaches, sponsoring organizations or their agents, and if applicable , owners and leasers of the premises from any and all liability to the undersigned, his or her heirs and next of kin for any and all claims, demands, losses and damages which may be sustained and suffered on account of injury, including death or damage to property, caused or alleged to be caused in whole or in part by the negligence of the releasees or otherwise.
I 0. You, and any third person who may be with me at the Centre, irrevocably authorize the Centre, its successors and assigns, and those acting under its authority, to copy, use, publish for art, advertising, trade, or any other lawful purpose whatsoever, photographic portraits, pictures, video images of me/them, and recordings or transcriptions of my/their voices, in which I/they may be included in whole or in part, without compensation of any kind.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with the school website (the “Site”), which is owned and operated by Royal Taekwondo (“School”), located at 1580 Kingston Rd, Scarborough, ON, M1N 1S2, Canada and our subsidiaries and affiliates, in association with the use of the Sites and their Services, which shall be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is an e-commerce website to provide information and offers (the “Services”) about martial arts programs so that prospective students may make informed decisions about joining a local martial arts school.
The user acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of Royal Taekwondo. At its discretion, the School may offer additional website Services and/or products, or update, modify, or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified, or revised Services otherwise stipulated. The School does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user acknowledge, accept, and agree that the School shall not be held liable for any such updates, modifications, revisions, suspensions, or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications, shall constitute your acceptance of such updates, changes, and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised, or modified terms, you must stop using the provided Services forthwith.
Furthermore, the user understands, acknowledges, and agrees that the Services offered shall be provided “AS IS” and as such the School shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion, and/or any failure to store user content, communication, or personalization settings.
Every member’s registration data and various other personal information are strictly protected by Royal Taekwondo. As a member, you herein consent to the collection and use of the information provided, including the transfer of information within Canada and/or other countries for storage, processing, or use by School and/or our subsidiaries and affiliates.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the Internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting, and or/transferring of software, technology, and other technical data may be subject to the export and import laws of the Canada and possibly other countries.
All users herein agree to insure and hold School, our subsidiaries, affiliates, agents, employees, officers, partners, and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a user of our Site may submit, post, modify, transmit, or otherwise make available through our Services, the use of the Sites, or your connection with these Services, your violations of the Terms of Service, and/or your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The user herein agrees not to replicate, duplicate, copy, trade, sell, resell, nor exploit for any commercial reason any part, use of, or access to the Sites.
The School shall reserve the right at any time it may deem fit, to modify, alter, and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without notice. In addition, we shall not be held liable to you or any third party for any such alteration, modification, suspension, and/or discontinuance of our Services, or any part thereof.
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty, and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that the School shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our Sites.
Either the School or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising, or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that the School shall not be responsible or liable, directly or indirectly, for any such damage or loss which maybe a result of, caused or allegedly to be caused by, or in connection with the use of or the reliance on any such content, goods, or Services made available on or through any such site or resource.
You do hereby acknowledge and agree that Royal Taekwondo Services and any essential software that may be used in connection with our Services (“Software”) shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents, or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Royal Taekwondo or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or create any plagiaristic works which are based on Royal Taekwondo Services (e.g., Content or Software), in whole or in part.
The School herein has granted you personal, non-transferable and non-exclusive rights and or license to make use of the object code of our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create, or plagiarize work from, reverse engineer, reverse assemble, or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software.
Furthermore, you do herein agree not to alter or change the Software in any manner, nature, or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our services through any means other than through the interface which is provided by Royal Taekwondo for use in accessing our Services.
WARRANTY AND DISCLAIMERS
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
THE USE OF THE SCHOOL SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. THE SCHOOL AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE SCHOOL AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) THE SCHOOL SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE SCHOOL SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE SCHOOL SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION, OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF THE SCHOOL SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM THE SCHOOL OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT ESPRESSLY STATED IN THE TOS.
A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW, OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, AND INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT THE SCHOOL AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA, AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
THE USE OR INABILITY TO USE OUR SERVICE;
THE COST OF PROCURING SUBSITUTE GOODS AND SERVICES;
UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand, and agree, unless otherwise expressly provided in this TOS that there shall be no third-party beneficiaries to this agreement.
The School may furnish you with notices, including those with regards to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or there reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. You acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.
You herein acknowledge, understand, and agree that the Royal Taekwondo trademarks, copyright, trade name, service marks, and other logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of the School. You herein agree not to display and/or use in any manner the Royal Taekwondo logo or marks without the School’s prior written consent.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE AND PROCEDURES
Royal Taekwondo will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, the School may disable and/or terminate the accounts of any user who violates our TOS and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:
the electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you believe has been infringed upon;
a description of the location of the site which you allege has been infringing upon your work;
your physical address, telephone number, and email address;
a statement in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents, or the law;
and finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative, or agent authorized to act on the copyright or intellectual property owner’s behalf.
The Royal Taekwondo Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:
1580 Kingston Rd, Scarborough, ON
M1N 1S2, Canada
This TOS constitutes the entire agreement between you and the School and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to the School. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Royal Taekwondo Services, affiliate Services, third-party content, or third-party software.
CHOICE OF LAW AND FORUM
It is the mutual agreement of both you and the School with regard to the TOS that the relationship between the parties shall be governed by the laws of the Province of Ontario without regard to its conflict of law provisions and that any and all claims, causes of action, and/or disputes, arising out of or relating to the TOS, or the relationship between you and the School shall be filed within the courts having jurisdiction within the Province of Ontario. You and the School agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courses and to venue in such courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should the School fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
STATUTE OF LIMITATIONS
You acknowledge, understand, and agree that regardless of any statute or law to the contrary, and claim or action arising out of or related to the use of our Services or the TOS must be filed within 1 year after said claim or cause of action arose or shall be forever barred.
I hereby grant Royal Taekwondo permission to use myself, my son(s), my daughter(s) likeness in a photograph in any and all of its publications, including website entries, without payment or any other consideration. I understand and agree that these materials will become the property of Royal Taekwondo and will not be returned. I hereby irrevocably authorize Royal Taekwondo to edit, alter, copy, exhibit, publish or distribute this photo for purposes of publicizing Royal Taekwondo programs or for any other lawful purpose. In addition, I waive the right to inspect or approve the finished product, including written or electronic copy, where in myself/son(s)/daughter(s) likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photograph.
TERMS AND CONDITIONS
I and my child fully recognize the risks of injury inherent in participating in any fitness or martial arts program, and we represent to Royal Taekwondo that we have taken all reasonable steps to determine that we are in good health and physically capable of participating in the programs and courses of instruction offered by Royal Taekwondo. We acknowledge that the Royal Taekwondo shall make no, and shall have no responsibility to make any independent evaluation of our physical health or fitness. We understand and agree that all participation in any such fitness program or use of the Royal Taekwondo’s facilities or equipment on or off the premises of the Royal Taekwondo shall be at our own risk. I, the undersigned, agree to keep in good standing the payments for the full duration of this contract. I am fully aware and understand that memberships are non-refundable nor transferable. I hereby assume all responsibility for the full payment of this membership.
By signing this Liability Waiver, I fully recognize and acknowledge that Taekwondo is a contact sport and may result in physical injury to my child/ward. Having a full understanding of these risks, I permit my child/ward to participate in the classes. I assume full and complete responsibility for any and all damages or injuries that he or she may sustain or incur, if any. I do hereby release and further discharge Royal Taekwondo, Master Wanki Hong, any assistant instructors, or employees , for any personal injury that my child/ward may sustain while attending any class or activity. I also realize and acknowledge that I am solely responsible for any medical attention or treatment that my child/ward may need because of his/her participation.