Membership Agreement
Installment Payment Method / Authorization for Payment
The Buyer hereby authorizes MiYanciDo. (The Company) or its agents and/or assigns to electronically deduct/process on or after the due date for each consecutive billing cycle tuition payments directly from the following bank or credit/debit card accounts according to the terms of this agreement and to resubmit returned/declined items without prior notice. This payment information will be used to collect any balances past due according to the terms.
CONSUMER RIGHT TO CANCELLATION:
YOU MAY CANCEL THIS AGREEMENT WITHOUT ANY PENALTY OR OBLIGATION WITHIN 3 BUSINESS DAYS FROM BELOW DATE, AND RECEIVE A FULL REFUND OF ALL PAYMENTS MADE TO THE SELLER. YOU MAY ALSO CANCEL THIS AGREEMENT IF UPON A MEDICAL DOCTOR ORDERS, YOU CANNOT PHYSICALLY RECEIVE THE SERVICES DUE TO A PERMANENT DISABILITY, OR MAY CANCEL THE AGREEMENT IF THE SERVICES CEASE TO BE OFFERED AS STATED IN THE AGREEMENT . IF YOU CANCEL THE AGREEMENT FOR EITHER OF THESE REASONS, THE COMPANY MAY KEEP ONLY A PORTION OF THE AGREEMENT PRICE EQUAL TO PRO-RATED PORTION OF THE TOTAL PRICE REPRESENTING THE PROPORTION OF SERVICES YOU USED OR COMPLETED, PLUS THE COST TO THE SELLER OF ANY RELATED GOODS WHICH YOU HAVE CONSUMED OR RETAINED. THIS AGREEMENT OR NOTE IS FOR FUTURE CONSUMER SERVICES AND PUTS ALL ASSIGNEES ON NOTICE OF THE CONSUMER'S RIGHT TO CANCEL. I/WE HAVE READ THIS AGREEMENT AS WELL AS THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT . I/WE UNDERSTAND THAT UPON ITS' EXECUTION IT IS A LEGALLY BINDING AND ENFORCEABLE AGREEMENT . I/WE AGREE TO COMPLY WITH AND BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. I/WE ACKNOWLEDGE THAT I/WE HAVE RECEIVED A FULLY EXECUTED COPY OF THIS AGREEMENT.
TERMS AND CONDITIONS
1. BUYER FITNESS - By signing this Contract, the Buyer represents, warrants and insures that he/she has had an opportunity to observe the program selected prior to signing this Contract and that Buyer (or Member, if a minor) he/she is physically and mentally able to take classes offered by the Seller in that program or any others in which Buyer (or Member, if a minor) may participate.
2. CANCELLATION -To cancel this Contract pursuant to any right contained herein the Buyer must notify the seller in writing by certified mail only to: MiYanciDo LLC. 4701 Shore Dr. Suite #103 PMB-440, Virginia Beach, VA. 23455. Upon approval, refunds shall be paid in 90 days after receipt of notice of cancellation, amounts over $500 shall be paid in 15 monthly installments. Buyer agrees to waive any rights to publish negative/derogatory reviews via on line & social media.
3. LIABILITY, WAIVER AND RELEASE - The Buyer understands and acknowledges that strict observation of the Seller's rules and regulations, including the rules and regulations relative to training and the use of protective equipment, is required. The Buyer understands and agrees that the use of the Seller's facilities and the Buyer's (or Member, if a Minor) presence at the Seller's school are at the sole risk of the Buyer (and Member, if a Minor). The Buyer understands and acknowledges that the martial arts involves skills and training which include violent and sudden movements, and that in connection with the training and instruction, there will be physical contact between instructors and Buyers (or Member, if a Minor) and between and among the Buyer (or Member, if a Minor) and other Buyers (or Members, if a Minor). The Buyer understands and acknowledges that such contact may result in personal injury to the Buyer (or Member, if a Minor, despite precautions taken by the Seller to avoid such injuries. Buyer, individually and on behalf of (Member, if a Minor) acknowledges martial arts instruction has the potential for serious injuries including but not limited to knee, head, neck, joint or spinal injuries, and includes cardiovascular exercise which should not be undertaken by individuals with heart defects or high blood pressure. The Buyer, individually on behalf of him/herself, (and Member, if a Minor) and anyone claiming by or through the Buyer (and Member, if a Minor), hereby agrees to hold harmless, release, indemnify and forever discharge Saberation Inc., its officers, directors and employees, instructors, agents and authorized representatives from any liability, claim or loss, including loss of property, damage, personal injury, or expense incurred by the Buyer (and/or Member, if a minor) and arising from the Buyer's execution of this Contract, participation in any program offered by the Seller, including but not limited to, any injury or damage caused by the negligence or gross negligence of the Seller, it's instructors, Buyers, agents, employees, operators, or authorized representatives. The Buyer specifically understands and agrees that he/she is assuming the risk of any and all injuries that he/she may suffer or incur as a result of his/her participation of any program offered by the Seller therefore buyer agrees and waives all rights for any legal actions or harm to the buyer.
4. CLASSES & TESTING- Scheduling and content of classes and programs and furnishing of facilities and instructors are at the sole and absolute discretion of the Seller and may be changed at any time by Seller without notice. Buyer (and/or Member, if a minor) must purchase all equipment from Seller according to the curriculum of the Seller & participate in Seller sponsored tournaments and events, there are additional fees to these events. Seller will provide instructors to teach and supervise classes, practice sessions and contests conducted by the Seller. Buyer understands that during the course of instruction, Seller instructors, authorized personnel and/or other Buyers will be engaged in a course of conduct requiring physical contact with the Buyer. Buyer (and/or on behalf of Member, if a minor) hereby consents to engage in such contact as may be necessary or required by Buyer's (and/or on behalf of Member, if a minor) participation in the training program and/or classes. Upon recommendation by Seller, the Buyer (and/or Member, if a minor) must test. In the event Buyer (and/or Member, if a minor) fails and/or refuses to test, Seller reserves the right to expel, terminate, suspend Buyer (and/or Member, if a minor) in Seller's sole discretion, buyers will still be responsible to the terms of this contract, seller has rights to impose a fine of $150.00 to $500.00 (Amount determined by rank) in order for the Buyer (and/or Member, if a minor) to test at the next scheduled examination. Upon recommendation Buyer (and/or Member, if a minor) students must participate in all special events.
5. COMPLIANCE WITH LAWS - This Contract shall be governed by the laws of the State of Virginia and venue for any action arising out of this Contract shall be in same county as business address. All rights and obligations of the Seller and Buyer under this Contract are subject to all applicable federal, state and local laws and regulations. To the extent that the terms and conditions of this Contract conflict with any applicable statute, rule or regulation in effect at the time of execution of this Contract governing transactions of the type contained herein, the Contract shall be deemed revised to conform with such statutes, rules and regulations. The Seller and Buyer shall be bound by the modified Contract and agree that no other modifications shall be enforceable unless in writing and signed by the parties. This Contract constitutes the entire Contract between the parties and supersedes all prior Contracts between the parties, whether written or oral. The invalidity or unenforceability of any provision hereof shall not affect the validity or enforceability of any other provision. The waiver of any breach shall not constitute a waiver of any subsequent breach of this Contract.
6. ACCEPTANCE OF BUYER -The Buyer agrees to fully and completely comply with all the terms and conditions hereof and the Seller's rules and regulations. No refunds on any paid tuition or purchases. Entry level programs & yearly memberships cannot be put on hold and missed times cannot be added. Buyer's (and/or Member's, if a minor) failure to comply with the Seller's rules and regulations shall be grounds for immediate suspension or termination of the Buyer (and/or Member, if a minor). The suspension or termination of Buyer (and/or Member, if a minor) shall not entitle the Buyer to a refund or credit for any tuition or test fees already paid, or shall act as a cancellation of any unpaid balance due. Upon the suspension and/or termination of the Buyer (and/or Member, if a minor), the entire remaining Contract balance shall be immediately due and payable as liquidated damages and not as a penalty. The failure or inability of Buyer (and/or Member, if a minor) to use the facilities, classes or services of the Seller for any reason, except as otherwise provided herein shall not relieve or suspend the Buyer's obligation to make all payments required under this Contract. If the Buyer (and/or Member's, if a minor) no longer continues for any given reason and is granted, by the Seller, a cancellation, the Buyer (and/or Member's, if a minor) will be billed at a rate of $65.00 per lesson taken. Seller reserves the right to use all photos, videos, and or audios taken of Buyer (and/or Member, if a minor) for promotional, marketing and any other purposes for the Seller's benefit. Buyer (and/or Member, if a minor) acknowledges that there are additional charges for , retail, equipment, special events, tournaments, change of uniforms and rank promotion examinations which are not included in the price of this contract. Seller at notice may relocate within five miles from its current location, and or to another affiliate location and same membership terms apply. This contract is non-transferable and upon termination of this agreement by the seller no refund shall be due. Co signer, any person(s) signing this agreement as a co-signer or co-buyer shall be jointly, severally and individually liable to Dealer and its billing company for the full contract price as if such person signed as the Member. There will be a 25% cancellation fee on the entire total contract amount and upon cancellation this fee is due immediately and buyer waives the right to submit chargebacks on all credit/debit card on all transactions.
7. MEDICAL DISABILITY - By written notice to Seller, the Buyer may extend the term of the Contract at no additional cost for a period equal to the duration of the buyer's short-term disability, verified in writing by a licensed medical doctor. This contract may be cancelled upon notice of a permanent disability by a certified medical doctor (chiropractic is exempt) stating detailed explanation of permanent long term disability. All medical releases, the M.D./doctor must provide a notarized signed document to be fully released of obligations. WARNING: The physician will be held liable for the remaining term of this agreement for falsifying or incomplete medical information for the buyer to cancel this agreement. Buyer must provide from the MD. notarized signed letter stating the medical condition(s)
8. DEFAULT - The non-payment of scheduled monthly payments more than 60 days shall constitute default under this contract. In the event of default, the entire amount owed here-under shall become immediately due and payable as liquidated damages and not as a penalty. All payment information provided will be used for full or partial payments due. No refunds on retail, test fees and paid tuition.
9. ATTORNEYS FEES- The undersigned acknowledges that all accounts are due and payable within 30 days of the invoice date. An interest charge of 1.5% per month will be applied to any unpaid balance after thirty (30) days. In the event this account is in default, customer agrees to pay all costs of collection, including collection agency fees, court costs and attorney fees, whether suit is filed or not. In the event that suit is filed, venue will be same county as business address.
10. PAYMENT PROCESSING-Buyer acknowledges that Seller utilizes the services of a third-party payment processing collection company, balance will be reported to credit bureau. Seller's liability for any payments wrongfully processed or collected shall be solely limited to such wrongful amount, and to the extent Buyer suffers damages in excess of such amount, whether bank charges, attorney's fees or other costs or expenses, Buyer agrees to hold harmless and indemnify Seller from same. Approved refunds shall be paid with 20 days after receipt of the notice of such wrongful charge collected by Seller. Buyer also agrees not to back charge any transactions to their credit/debit card company.
WAIVER/RELEASE FOR COMMUNICABLE DISEASES INCLUDING COVID-19
ASSUMPTION OF RISK / WAIVER OF LIABILITY / INDEMNIFICATION AGREEMENT
In consideration of being allowed to participate on behalf of MiYanciDo LLC, / DBA MiYanciDo Light Sword Martial Arts and or its affiliated programs and training, athletic program and related events and activities, the undersigned acknowledges, appreciates, and agrees that:
Participation includes possible exposure to and illness from infectious diseases including but not limited to MRSA, influenza, and COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist; and,
I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation; and,
I willingly agree to comply with the stated and customary terms and conditions for participation as regards protection against infectious diseases. If, however, I observe and any unusual or significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately; and,
I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS (insert name of sports organization) their officers, officials, agents, and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners and lessors of premises used to conduct the event ("RELEASEES"), WITH RESPECT TO ANY AND ALL ILLNESS, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF RELEASEES OR OTHERWISE, to the fullest extent permitted by law.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IF FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
IN CONSIDERATION OF being allowed to participate in the MIYANCIDO LLC: LIGHT SWORD MARTIAL ARTS, CLC COMPETITIVE LIGHTSABER COMBAT LLC: LIGHT SWORD MARTIAL ARTS SESSION/CLASSES, Participant, or Minor Participant and his or her legal guardian, as well as Participant or Minor Participant's heirs, assigns, personal representatives and next of kin, (collectively, Participant) EXPRESSLY AND FREELY AGREE as follows:
1. That participation in MIYANCIDO LLC: LIGHT SWORD MARTIAL ARTS, CLC COMPETITIVE LIGHTSABER COMBAT LLC: LIGHT SWORD MARTIAL ARTS TRAINING SESSIONS is a DANGEROUS ACTIVITY that involves known and unknown risks of serious personal injury, including permanent disability or death, and damage or loss of personal property. These risks are increased where Participant is a lower rank martial artist with less experience. Participant hereby agrees to ASSUME ALL RISK of serious personal injury, permanent disability, death, and/or damage to or loss of personal property resulting from/or in any way connected with preparation for or participation in MIYANCIDO LLC: LIGHT SWORD MARTIAL ARTS, CLC COMPETITIVE LIGHTSABER COMBAT LLC: LIGHT SWORD MARTIAL ARTS TRAINING SESSIONS activities.
2. To RELEASE, WAIVE AND FOREVER DISCHARGE SABERATION INC., MIYANCIDO LLC: LIGHT SWORD MARTIAL ARTS, CLC COMPETITIVE LIGHTSABER COMBAT LLC: LIGHT SWORD MARTIAL ARTS PROGRAM, its Regents, subsidiaries, related and affiliated companies, organizations, officers, employees and agents (the Released Parties) from any and all claims (other than gross negligence), loss, demands, damages, expenses, lawsuits, causes of action and judgments, whether foreseen or unforeseen, known or unknown, present or future, resulting from, arising out of, or in any way connected with Participant's preparation for or participation in MIYANCIDO LLC: LIGHT SWORD MARTIAL ARTS, CLC COMPETITIVE LIGHTSABER COMBAT LLC: LIGHT SWORD MARTIAL ARTS TRAINING SESSIONS activities, including, but not limited to, any claims for personal injuries, including death, and/or damage to or loss of personal property, whether caused in whole or in part by the ordinary NEGLIGENCE and/or FAULT of the Released Parties or otherwise (the Claims).
3. To AUTHORIZE RELEASED PARTIES TO PROVIDE PARTICIPANT WITH MEDICAL TREATMENT if Participant is injured, to accept financial responsibility for any costs related to that treatment, and to RELEASE, WAIVE AND FOREVER DISCHARGE Released Parties from any Claims in any way CONNECTED WITH SAID MEDICAL ASSISTANCE OR TREATMENT.
4. To INDEMNIFY, DEFEND, and HOLD HARMLESS the Released Parties from any and all Claims, whether caused in whole or in part by the NEGLIGENCE and/or FAULT of the Released Parties or otherwise that arise from participation in MIYANCIDO LLC: LIGHT SWORD MARTIAL ARTS, CLC COMPETITIVE LIGHTSABER COMBAT LLC: LIGHT SWORD MARTIAL ARTS TRAINING SESSIONS activities to the fullest extent authorized by law.
5. To CONFIRM THAT PARTICIPANT'S PHYSICIAN HAS EXAMINED PARTICIPANT, CERTIFIED THAT PARTICIPANT IS IN GOOD PHYSICAL CONDITION AND AUTHORIZES PARTICIPANT TO PARTICIPATE in MIYANCIDO LLC: LIGHT SWORD MARTIAL ARTS, CLC COMPETITIVE LIGHTSABER COMBAT LLC: LIGHT SWORD MARTIAL ARTS TRAINING SESSIONS. Participant's signature on this Agreement is confirmation of this examination, certification and authorization. Any existing disease or injury that may affect Participant's performance will require proof from Participant's Physician authorizing participation.
6. To AUTHORIZE THE RIGHT AND UNRESTRICTED PERMISSION CONCERNING ANY PHOTOGRAPHS OR VIDEOS MIYANCIDO LLC: LIGHT SWORD MARTIAL ARTS, CLC COMPETITIVE LIGHTSABER COMBAT LLC: LIGHT SWORD MARTIAL ARTS TRAINING SESSIONS HAS TAKEN OF PARTICIPANT BEFORE, DURING, OR AFTER MIYANCIDO LLC: LIGHT SWORD MARTIAL ARTS, CLC COMPETITIVE LIGHTSABER COMBAT LLC: LIGHT SWORD MARTIAL ARTS TRAINING SESSIONS. The Participant agrees to give irrevocable, perpetual, and unrestricted right and permission to MIYANCIDO LLC: LIGHT SWORD MARTIAL ARTS, CLC COMPETITIVE LIGHTSABER COMBAT LLC: LIGHT SWORD MARTIAL ARTS TRAINING SESSIONS to take, use, reuse, publish, and republish media in whole or in part, individually, or in connection with other material, in any and all media now or hereafter known, including the Internet, and for any purpose whatsoever, specifically including commercial, illustration, promotion, art, editorial, advertising, and publicity, without restriction to alteration.
7. That ANY DISPUTE OR CLAIM ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT SHALL BE SUBMITTED TO BINDING ARBITRATION in Virginia Beach, Virginia, pursuant to the arbitration rules of the American Arbitration Association or similar arbitration tribunal. An arbitration award rendered pursuant to this provision may be submitted to any court of competent jurisdiction in the United States for entry of judgment on the award. The parties agree that any petition to confirm, correct, or vacate an arbitration award may be served by regular mail, and that personal service of any such petitions is waived. The prevailing party in any arbitration arising from any dispute or claim under this Agreement shall be entitled to recover its reasonable attorneys' fees, costs and expenses. Participant understands that by executing this Agreement, Participant is waiving a constitutional right to a jury trial, and Participant waives that right freely and voluntarily.
8. That PARTICIPANT HAS READ THIS LIABILITY WAIVER, RELEASE, AND INDEMNIFICATION AGREEMENT, AND FULLY UNDERSTANDS ITS TERMS. Participant understands that by entering into this agreement participant is giving up substantial rights, including the right to sue. Participant also understands that entering into this agreement is a condition precedent to and is consideration for the privilege of participating in MIYANCIDO LLC: LIGHT SWORD MARTIAL ARTS, CLC COMPETITIVE LIGHTSABER COMBAT LLC: LIGHT SWORD MARTIAL ARTS TRAINING SESSIONS. Participant acknowledges that this is the final agreement regarding the issues raised herein and cannot be modified except in a writing signed by both parties. Participant acknowledges that Participant is signing this agreement freely and voluntarily and intends by Participant's signature to make a complete and unconditional release of all liability to the greatest extent allowed by the laws of the State of Virginia. If any portion of this agreement is held invalid, Participant agrees that the balance of it shall nevertheless continue in full force and effect.
Terms of Use
These Terms of Use, which include our Privacy Policy, govern your use of the Light Sword Martial Arts. By using, visiting or browsing the Light Sword Martial Arts and Or it's affiliate service, you accept and agree to these Terms of Use. If you do not agree to these Terms of Use, do not use the Light Sword Martial Arts and Or it's affiliate service.
Occasionally we may, in our discretion, make changes to the Agreements. When we make material changes to the Agreements, we will provide you with prominent notice as appropriate under the circumstances, e.g., by displaying a notice within the site, sending an email, or asking you to re-accept the Agreements.
If you [register with our website, submit any material to our website or use any of our website services], we will ask you to expressly agree to these terms and conditions.
Age Limits
You must be at least [18] years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least [18] years of age.
Use of Cookies
Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our [privacy and cookies policy.
Communication Preferences.
By using the Light Sword Martial Arts and Or it's affiliate service, you consent to receive electronic communications from LSMA relating to your account. These communications may involve sending emails to your email address provided during registration or posting communications on the Light Sword Martial Arts and Or it's affiliate service, or in the "Your Account" page and will include notices about your account and are part of your relationship with LSMA. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communications requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receive certain other communications from us, such as newsletters about new features and content, special offers, promotional announcements and customer surveys via email or other methods. Please review our Privacy Policy for further detail on our marketing communications.
License to use website
You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website;
(d) stream audio and video files from our website; and
(e) use our website services] by means of a web browser
(f) You may only use our website for [your own personal and business purposes], and you must not use our website for any other purposes.
(g) Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
Access
We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
Acceptable use
You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) [conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent];
(e) [access or otherwise interact with our website using any robot, spider or other automated means[, except for the purpose of [search engine indexing]]];
(f) [violate the directives set out in the robots.txt file for our website]; or
(g) [use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing)].
(h) You must not use data collected from our website to contact individuals, companies or other persons or entities.
(i) You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
(j) You must not allow any other person to use your account to access the website.
Membership, Free Trials, Billing, and Cancellation.
(a) You may register for an account with our website by completing and submitting the account registration form on our website, and click on the verification link in the email that the website will send to you.
(b) You must notify us in writing immediately if you become aware of any unauthorized use of your account.
(c) You must not use any other person's account to access the website, unless you have that person's express permission to do so.
(d) Your Light Sword Martial Arts and Or it's affiliate membership, which may start with a free trial, will continue month-to-month, year-to-year or 5-years to 5-years unless and until you cancel your membership or we terminate it.
(e) You must have internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, "Payment Method") to use the Light Sword Martial Arts and Or it's affiliate service.
(f) We will bill the monthly membership fee to your Payment Method.
(g) You must cancel your membership before it renews each month in order to avoid billing of the next month's membership fees to your Payment Method.
Memberships.
(a) We offer a number of membership plans, including special promotional plans or memberships with differing conditions and limitations.
(b) Any materially different terms from those described in these Terms of Use will be disclosed at your sign-up or in other communications made available to you.
(c) You can find specific details regarding your membership with LSMA by visiting our website and clicking on the "Your Profile" link.
(d) We reserve the right to modify, terminate or otherwise amend our offered membership plans.
(e) If you register for an account with our website, we will provide you with OR you will be asked to choose a user ID and password.
(f) Your user ID must not be liable to mislead. You must not use your account or user ID for or in connection with the impersonation of any person.
(g) You must keep your password confidential.
(h) You must notify us in writing immediately if you become aware of any disclosure of your password.
(i) You are responsible for any activity on our website arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure.
Introductory Offers.
(a) Your membership may start with an introductory offer. The trial period lasts for thirty (30) days or as otherwise specified during sign-up. For combinations with other offers, restrictions may apply.
(b) Free trials are for new and certain former members only. LSMA reserves the right, in its absolute discretion, to determine your trial eligibility.
(c) You will not receive a notice from us that your free trial period has ended or that the paying portion of your membership has begun.
(d) We will continue to bill your Payment Method on a monthly basis for your membership fee until you cancel.
(e) To cancel, send an email to Support@Saberation.com. If you are using PayPal, you can go into your PayPal Recurring Payments to cancel the membership.
Billing.
(a) By starting your Light Sword Martial Arts and Or it's affiliate membership and providing or designating a Payment Method, you authorize us to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of the Light Sword Martial Arts and Or it's affiliate service to your Payment Method.
(b) You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers, and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts which may be billed monthly in one or more charges.
Price Changes.
We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes to your service will take effect following email notice to you.
Billing Cycle.
The membership fee for our service will be billed either monthly or annually, depending on the membership.
No Refunds.
(a) Payments are non-refundable and there are no refunds or credits for partially used periods.
(b) Following any cancellation, however, you will continue to have access to the service through the end of your current billing period.
(c) At any time, and for any reason, we may provide a refund, discount or other consideration to some or all of our members ("credits").
(d) The amount and form of such credits and the decision to provide them are at our sole and absolute discretion.
(e) The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
Payment Methods.
(a) You may edit your Payment Method information by visiting our website and clicking on the "Your Account" link, available at the top of the pages of the Light Sword Martial Arts and Or it's affiliate website.
(b) If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below) you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated.
Cancellation and Suspension of Account.
(a) You may cancel your Light Sword Martial Arts and Or it's affiliate membership at any time, and you will continue to have access to the service through the end of your monthly billing period.
(b) We do not provide refunds or credits for any partial-month membership periods. For assistance with a cancellation, email Support@LightSwordMartialArts.com or call 757-689-7963.
We may:
(a) suspend your account;
(b) cancel your account; and/or
(c) edit your account details, at any time in our sole discretion without notice or explanation.
Your Content: License
(a) In these terms and conditions, "your content" means [all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website].
(b) You grant to us a [worldwide, irrevocable, non-exclusive, royalty-free licence] to [use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media] OR [reproduce, store and publish your content on and in relation to this website and any successor website] OR [reproduce, store and, with your specific consent, publish your content on and in relation to this website].
(c) You grant to us the right to sub-license the rights licensed under Section 9.2.
(d) You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.
(e) You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
(f) You may edit your content to the extent permitted using the editing functionality made available on our website.
(g) Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
Your content: rules
(a) You warrant and represent that your content will comply with these terms and conditions.
(b) Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
(c) Your content and the use of your content by us in accordance with these terms and conditions must not:
(1) be libelous or maliciously false;
(2) be obscene or indecent;
(3) infringe any copyright, moral right, database right, trademark right, design right, right in passing off, or other intellectual property right;
(4) infringe any right of confidence, right of privacy or right under data protection legislation;
(5) constitute negligent advice or contain any negligent statement;
(6) constitute an incitement to commit a crime[, instructions for the commission of a crime or the promotion of criminal activity];
(7) be in contempt of any court, or in breach of any court order;
(8) be in breach of racial or religious hatred or discrimination legislation;
(9) be blasphemous;
(10) be in breach of official secrets legislation;
(11) be in breach of any contractual obligation owed to any person;
(12) [depict violence[ in an explicit, graphic or gratuitous manner]];
(13) [be pornographic[, lewd, suggestive or sexually explicit]];
(14) [be untrue, false, inaccurate or misleading];
(15) [consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage];
(16) [constitute spam];
(17) [be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory]; or
(18) [cause annoyance, inconvenience or needless anxiety to any person].
Disclaimers and Warranties.
We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date; or
(c) that the website or any service on the website will remain available.
(d) We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
(e) To the maximum extent permitted by applicable law, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
(f) This service and all content and software associated therewith, or any other features or functionalities associated with the service are provided "as is" and "as available" with all faults and without warranty of any kind. LSMA does not guarantee, represent or warrant that you use of the Light Sword Martial Arts service will be uninterrupted or error-free. LSMA specifically disclaims liability for the use of the content provided by the Light Sword Martial Arts service.
(g) To the extent permissible under applicable laws, in no event shall LSMA or its subsidiaries or any of their shareholders, directors, officers, employees, partners or licensors be liable (jointly or severally) to you for personal injury or any special, incidental, indirect or consequential damages or injuries of any kind, or any damages whatsoever.
(e) Nothing in these terms of use shall affect any non-waivable statutory rights that apply to you. If any provision of these Terms of Use shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
Limitations and Exclusions of Liability
Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in these terms and conditions:
(a) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
(a) To the extent that our website and some information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
(b) We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
(c) We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
(d) We will not be liable to you in respect of any loss or corruption of any data, database or software.
(e) We will not be liable to you in respect of any special, indirect or consequential loss or damage.
(f) You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
Breaches of these Terms and Conditions
Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) block computers using your IP address from accessing our website;
(e) contact any or all of your internet service providers and request that they block your access to our website;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on our website.
(h) Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking including without limitation creating and/or using a different account.
Copyright.
(a) The Light Sword Martial Arts service, including all content provided on the service, is protected by copyright, trade secret or other intellectual property laws and treaties.
Claims of Copyright Infringement.
(a) If you believe your work has been reproduced or distributed in a way that constitutes copyright infringement or are aware of any infringing material available through the Light Sword Martial Arts service, please notify us by email at Support@Saberation.com.
Use of Information Submitted.
(a) LSMA is free to use any comments, information, ideas, concepts, reviews or techniques or any other material contained in any communication you may send to us ("feedback") including responses to questionnaires or through postings on Light Sword Martial Arts and Or it's affiliate, including the Light Sword Martial Arts and Or it's affiliate website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Light Sword Martial Arts and Or it's affiliate service.
(b) In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law. Please note LSMA is not responsible for the similarity of any of its content in any media to materials or ideas transmitted to us.
(c) Should you send any unsolicited materials or ideas you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against LSMA and its affiliates regarding the use of such materials and ideas, even if the material or an idea is used that is substantially similar to the material or idea you sent.
Variation
We may revise these terms and conditions from time to time.
(a) The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.
(b) If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.
Assignment
(a) You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
(b) You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
Severability
(a) If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
(b) If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Third Party Rights
(a) A contract under these terms and conditions is for our benefit and your benefit and is not intended to benefit or be enforceable by any third party.
(b) The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
Survival
If any provision or provision of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
Entire Agreement
These terms and conditions[, together with [our privacy and cookies policy],] shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
Law and Jurisdiction
(a) These terms and conditions shall be governed by and construed in accordance with [English law].
(b) Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of United States.
Our Details
(a) This website is owned and operated by Saberation Inc.
(b) Our principal place of business is at 880 North Military Hwy. Suite 1172, Norfolk, VA. 23502.
(c) You can contact us:
(a) [by post, to [the postal address is given above];
(b) [by telephone, at (757) 689-7963; or
(c) [by email at Support@Saberation.com
I HAVE READ THIS LIABILITY WAIVER, RELEASE, ASSUMPTION OF RISK AND INDEMNIFICATION AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL LEGAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT
PARTICIPANT / GUARDIAN (On behalf of all legal guardians) / PARENT
This document affects you and/or your child's legal rights.
You must read and understand this agreement before signing it.
MiYanciDo (L.S.M.A)
