The Ultimate Karate Bible Web Site Agreement
The The Ultimate Karate Bible Web Site (the "Site") is an
online information service provided by The Ultimate Karate Bible ("The
Ultimate Karate Bible "), subject to your compliance with the
terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY
BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE,
YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW.
IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU
MAY NOT ACCESS OR USE THE SITE. The Ultimate Karate Bible MAY MODIFY
THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE
IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU
AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS
AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR
CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international copyright
and trademark laws. The owner of the copyrights and trademarks are
The Ultimate Karate Bible, its affiliates or other third party licensors.
YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT,
OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING
TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions
of material from the different areas of the Site solely for your own
non-commercial use provided that you agree not to change or delete
any copyright or proprietary notices from the materials. You agree
to grant to The Ultimate Karate Bible a non-exclusive, royalty-free,
worldwide, perpetual license, with the right to sub-license, to reproduce,
distribute, transmit, create derivative works of, publicly display
and publicly perform any materials and other information (including,
without limitation, ideas contained therein for new or improved products
and services) you submit to any public areas of the Site (such as
bulletin boards, forums and newsgroups) or by e-mail to The Ultimate
Karate Bible by all means and in any media now known or hereafter
developed. You also grant to The Ultimate Karate Bible the right to
use your name in connection with the submitted materials and other
information as well as in connection with all advertising, marketing
and promotional material related thereto. You agree that you shall
have no recourse against The Ultimate Karate Bible for any alleged
or actual infringement or misappropriation of any proprietary right
in your communications to The Ultimate Karate Bible.
TRADEMARKS.
Publications, products, content or services referenced herein or on
the Site are the exclusive trademarks or servicemarks of The Ultimate
Karate Bible. Other product and company names mentioned in the Site
may be the trademarks of their respective owners.
2. Use of the Site.
You understand that, except for information, products or services
clearly identified as being supplied by The Ultimate Karate Bible,
The Ultimate Karate Bibledoes not operate, control or endorse any
information, products or services on the Internet in any way. Except
for The Ultimate Karate Bible- identified information, products or
services, all information, products and services offered through the
Site or on the Internet generally are offered by third parties, that
are not affiliated with The Ultimate Karate Bible a. You also understand
that The Ultimate Karate Bible cannot and does not guarantee or warrant
that files available for downloading through the Site will be free
of infection or viruses, worms, Trojan horses or other code that manifest
contaminating or destructive properties. You are responsible for implementing
sufficient procedures and checkpoints to satisfy your particular requirements
for accuracy of data input and output, and for maintaining a means
external to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE
AND THE INTERNET. The Ultimate Karate Bible PROVIDES THE SITE AND
RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS
OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER
(INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT,
OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR
SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY,
AND The Ultimate Karate Bible SHALL NOT BE LIABLE FOR ANY COST OR
DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION.
IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS
AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND
OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET
GENERALLY. The Ultimate Karate Bible DOES NOT WARRANT THAT THE SERVICE
WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE
WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS
UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE
TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. The Ultimate
Karate Bible HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER
FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL The Ultimate Karate Bible BE LIABLE FOR (I) ANY
INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS
OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF
OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS
PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY
OF SUCH INFORMATION OR SERVICE. EVEN IF The Ultimate Karate Bible
OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS,
OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION
DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES,
The Ultimate Karate Bible LIABILITY IS LIMITED TO THE GREATEST EXTENT
PERMITTED BY LAW.
The Ultimate Karate Bible makes no representations whatsoever about
any other web site which you may access through this one or which
may link to this Site. When you access a non-The Ultimate Karate Bible
web site, please understand that it is independent from The Ultimate
Karate Bible, and that The Ultimate Karate Bible has no control over
the content on that web site. In addition, a link to a The Ultimate
Karate Bible web site does not mean that The Ultimate Karate Bible
endorses or accepts any responsibility for the content, or the use,
of such web site.
3. Indemnification.
You agree to indemnify, defend and hold harmless The Ultimate Karate
Bible, its officers, directors, employees, agents, licensors, suppliers
and any third party information providers to the Service from and
against all losses, expenses, damages and costs, including reasonable
attorneys' fees, resulting from any violation of this Agreement (including
negligent or wrongful conduct) by you or any other person accessing
the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification)
are for the benefit of The Ultimate Karate Bible and its officers,
directors, employees, agents, licensors, suppliers, and any third
party information providers to the Service. Each of these individuals
or entities shall have the right to assert and enforce those provisions
directly against you on its own behalf.
5.Term; Termination.
This Agreement may be terminated by either party without notice at
any time for any reason. The provisions of paragraphs 1 (Copyright,
Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification),
4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination
of this Agreement.
6.Miscellaneous.
This Agreement shall all be governed and construed in accordance with
the laws of The United States of America applicable to agreements
made and to be performed in The United States of America. You agree
that any legal action or proceeding between The Ultimate Karate Bible
and you for any purpose concerning this Agreement or the parties'
obligations hereunder shall be brought exclusively in a federal or
state court of competent jurisdiction sitting in The United States
of America . Any cause of action or claim you may have with respect
to the Service must be commenced within one (1) year after the claim
or cause of action arises or such claim or cause of action is barred.
The Ultimate Karate Bible's failure to insist upon or enforce strict
performance of any provision of this Agreement shall not be construed
as a waiver of any provision or right. Neither the course of conduct
between the parties nor trade practice shall act to modify any provision
of this Agreement. The Ultimate Karate Bible may assign its rights
and duties under this Agreement to any party at any time without notice
to you.
Any rights not expressly granted herein are reserved.
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