Terms of Use
Last Updated: November 27, 2018
Please read these TERMS OF USE (“Terms”) carefully. Your access to and/or use of the Services (as defined below) constitutes your legally binding agreement to be bound by these Terms.
These Terms govern your use of the websites, operated by CC Hapkido LLC. (“Company”, “we”, “us” or “our”), publisher of the CC Hapkido website (“Site”), to which these Terms are linked or referenced to, including all content, features and functionality, and related services such as emails and newsletters (collectively, the “Services”). These Terms apply whether you are accessing the Services via a personal computer, wireless or mobile device, or any other technology or device (each, a “Device”).
By using these Services, you represent and warrant that you are 13 years of age or older and your use of the Services does not violate any applicable law, rule or regulation. If you are using the Services on behalf of any entity, you further represent and warrant that you are authorized to accept these Terms on such entity's behalf, and that such entity agrees to indemnify CC Hapkido LLC for violations of these Terms.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SITE.
We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to modify, suspend or discontinue the Services. You agree that neither we nor any of our affiliates shall be liable to you or to any other person for any modification, suspension or discontinuance of the Services or any component thereof.
Term
These Terms shall remain in full force and effect while you use the Services. You may terminate your use of or registration for the Services at any time, for any reason, and Company may terminate your use of or registration to the Services at any time, for any or no reason, with or without prior notice or explanation, and without liability or obligation to you or any third party. These Terms shall continue to apply to your previous access and/or use of the Services after any such termination.
Modifications
We may modify these Terms from time to time and at any time in our sole discretion. We will post or display notices of material changes on the Services and/or notify you via other electronic means. The form of such notice is at our discretion. Once we post or make them available on the Services, these changes become effective immediately and if you use the Services after they become effective it will signify your agreement to be bound by the changes. We recommend that you check back frequently and review these Terms regularly so you are aware of the most current rights and obligations that apply to you. The Last Updated legend at the top of this page indicates when these Terms were last revised
Privacy Policy
CC Hapkido LLC is committed to protecting your privacy. Please refer to our Privacy policy for information on how we collect, use and disclose personal information.
Ownership of the Site and its Contents
The Site is owned by CC Hapkido LLC. Unless otherwise indicated, all of the content featured or displayed on the Site, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, and the selection and arrangement thereof ("CC Hapkido Content"), is owned by CC Hapkido LLC, its licensors, or its third-party image partners. All elements of the Site, including the CC Hapkido Content, are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property. We also appreciate any feedback or other suggestions about our services that you may submit to us, but you understand that we may use such feedback or suggestions without any obligation to compensate you for them.
Use of the Site
The Services are to be used solely for your non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes. Any commercial or promotional distribution, publishing or exploitation of the CC Hapkido Content is strictly prohibited unless you have received the express prior written permission from authorized personnel of CC Hapkido LLC. You may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit the CC Hapkido Content. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through the Site, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices. You acknowledge that you do not acquire any ownership rights by downloading any copyrighted material from or through the Site.
Requests for permission to reproduce or use any of the Content can be made by contacting Company by emailing us at:
CC Hapkido LLC
Subject: Permissions Department
Email: info@cchapkido.com
Any unauthorized or prohibited use of any CC Hapkido Content may subject you to civil liability, criminal prosecution, or both, under applicable federal, state, local laws, or applicable foreign laws, rules, regulations and treaties. We require users to respect our copyrights, trademarks, and other intellectual property rights and shall enforce same.
Copyright Infringement Policy
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws, the Company has adopted a policy of terminating, in appropriate circumstances and at the Company’s sole discretion, account holders who infringe the intellectual property rights of the Company or any third party.
Copyright Complaints
If you believe that any material on the Site infringes upon any copyright that you own or control, you may file a notification of such infringement by contacting us as set forth below:
CC Hapkido LLC
Subject: Copyright Department
Email: info@cchapkido.com
Indemnity
You agree to indemnify, defend and hold Company, its affiliates, and parent company, and their respective successors and assigns, directors, officers, employees, representatives, agents, licensors, Advertisers, Operators, suppliers and service providers harmless from any and all claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees), arising in any way out of or in connection with (a) your use of the Services, (b) your breach or violation these Terms. Company reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you and all negotiations for its settlement or compromise, and you agree to fully cooperate with us upon our request.
DISCLAIMER AND LIMITATIONS OF LIABILITY
THE SERVICES, AND ALL CONTENT, PRODUCTS, SERVICES MADE AVAILABLE ON, THROUGH OR IN CONNECTION THEREWITH, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SERVICES WILL BE AVAILABLE FOR USE, OR THAT ANY PRODUCTS, FEATURES, FUNCTIONS, SERVICES OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. ALL IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS RELATING TO THE SERVICES AND THIS SITE, AND ALL CONTENT, PRODUCTS, SERVICES AND USER POSTINGS ARE HEREBY DISCLAIMED. WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THE SERVICES. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, AUTHENTICITY, SECURITY AND VALIDITY OF ANY AND ALL FEATURES AND FUNCTIONS OF THE SERVICES. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY, ITS AFFILIATES, SUCCESSORS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATORS, SERVICE PROVIDERS, ADVERTISERS AND SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SERVICES OR FROM THESE TERMS, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES LOSSES AND CAUSES OF ACTION, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE EXCEED THE LESSER OF THE TOTAL DOLLAR AMOUNT, IF ANY, PAID BY YOU TO COMPANY FOR USE OF THE SERVICES AND $25. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES OR CERTAIN LIMITATIONS ON DAMAGES AND REMEDIES, ACCORDINGLY SOME OF THE EXCLUSIONS AND LIMITATIONS DESCRIBED IN THESE TERMS MAY NOT APPLY TO YOU.
Applicable Laws
We control and operate the Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms of Use shall be governed by and construed solely and exclusively in accordance with the laws of the State of New York, USA without giving effect to any law that would result in the application of the law of another jurisdiction.
Dispute Resolution
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
We expect that we will be able to resolve most issues you may have using the Services. In the unlikely event that an issue remains unresolved, we prefer to specify now what each of us should expect in order to avoid any confusion later. Accordingly, you and we agree to the following resolution process.
In an attempt to find the quickest and most efficient resolution of our issues, you and we agree to first discuss any issue informally for at least 30 days, except that claims based on infringement or misuses of intellectual property and/or misappropriation of trade secrets may be brought without any advance discussion. To do that, please send your full name, your email and/or mailing address, your concern, and your proposed solution to:
CC Hapkido LLC
Subject: Dispute Resolution
Email: info@cchapkido.com
If we would like to discuss an issue with you, we will contact you using an email or mailing address that you have provided.
If we do not reach an agreed upon solution after our discussions for at least 30 days, you and we agree that any and all disputes between us arising under or related in any way to these terms of use, must be resolved through binding arbitration as described in this section. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to your use of any of the services.you agree that by entering into this agreement, you and cc hapkido llc are each waiving the right to trial by jury or to participate in a class action. You and cc hapkido llc agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Any arbitration will take place on an individual basis; class arbitrations and class actions are not permitted.the arbitration will be conducted by jams in accordance with its then-current streamlined arbitration rules and procedures (“jams rules”) and will be held in new york, new york. The arbitration will be conducted by one neutral arbitrator chosen by the parties. If the parties cannot agree upon an arbitrator, they shall submit to the procedure used by jams to choose an arbitrator. The current rules may be found on the internet at: http://www.jamsadr.com/rules-streamlined-arbitration/. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§116. The arbitrator shall apply New York law, as described in Section 24 (Applicable Laws), consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law, Notwithstanding anything herein or in the JAMS Rules to the contrary, the arbitrator shall not have the power to award punitive damages against you or CC Hapkido LLC. The arbitrator’s ruling is binding and may be entered as a judgment in any court of competent jurisdiction. In the event this agreement to arbitrate is held unenforceable by a court, then the disputes that would otherwise have been arbitrated shall be exclusively brought in the state or federal courts located in the City and County of New York, New York. Claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall be exclusively brought in the state and federal courts located in the City and County of New York, New York.
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