1.0 USING THE SERVICE
1.1 BY USING THE SERVICE, YOU SIGNIFY YOUR ASSENT TO THESE TERMS. THIS INCLUDES YOUR AGREEMENT TO (A) JURISDICTION AND VENUE IN THE STATE OF VIRGINIA FOR ANY CLAIM OR DISPUTE REGARDING THE SERVICE OR THESE TERMS, (B) THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY AND (C) THE INFORMATION COLLECTION AND PRIVACY PRACTICES FOR THE SERVICE.
IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS OF THESE TERMS, DO NOT USE THE SERVICE.
1.2 You may use the Service only if you can form a binding contract with Discover Kung Fu LLC, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. The Service may change from time to time as we evolve, refine or add more features to the Service, often without prior notice to you. In addition, Discover Kung Fu LLC may temporarily or permanently stop providing the Service, or any features within the Service, to you or to users generally and may not be able to provide you with prior notice.
2.0 YOUR CONTENT AND ACCOUNT
2.1 Some areas of the Service may allow you to post or upload information, text, graphics, or personal information (“Content” or, when posted by you, “your Content”), and to share your Content with others. You are solely responsible for your Content and any postings, data or transmissions using the Service, or any other use of the Service by you or any person or entity that you permit to access or otherwise use the Content. You are responsible for keeping your account permissions, billing, and other account information up to date, and you must use reasonable security precautions in connection with your use of the Service. You shall immediately notify Discover Kung Fu LLC of any unauthorized use of your account or any other breach of security and cooperate with Discover Kung Fu LLC’s investigation of service outages, security issues or any suspected breach of the terms and conditions of these Terms. You must provide us with accurate information when you create your membership log in account. Your membership account gives you access to the online portion of the Services and functionality that we establish and maintain. We may maintain different types of accounts for different types of users or various organizations.
2.2 You retain full ownership to your Content. By submitting your Content to Discover Kung Fu LLC you grant us rights to use your Content as necessary to, and for the sole purpose of, providing the Service. We may also use third-party services such as PerfectMind in order to facilitate the administration and operation of the Service, thus extending the rights granted to us to the third parties, but only as necessary to provide the Service.
2.3 If you connect to Discover Kung Fu LLC with a third-party service, you automatically give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service. Using another user’s account without permission or providing false misrepresentation is in violation of these Terms.
2.4 All Content in or on the Service, whether publicly posted or privately transmitted by users, is the sole responsibility of the person who originated such Content. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Service or endorse any opinions expressed via the Service. We may monitor or control the Content posted via the Service but we take no responsibility for such Content posted. If you use or rely on any Content or materials posted via the Service or obtained by you through the Service, it is at your own risk. Under no circumstances will Discover Kung Fu LLC be liable in any way for any Content, or any loss or damage of any kind incurred as a result of the use of any Content in the Service.
2.5 You agree that you are responsible for your use of the Service, for your Content, and for any consequences thereof, including the use of your Content by other users and third parties. You understand that if you do not have the right to submit Content to the Service, doing so may subject you to liability. Discover Kung Fu LLC will not be responsible or liable for any use of fraudulently or incorrectly submitted Content. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit including all necessary rights to upload your Content for use in accordance with these Terms.
3.0 YOUR ONLINE MEMBER’s ACCOUNT
3.1 Subject to your adherence to these Terms, Discover Kung Fu LLC gives you access to create a membership account and submit your Content. Discover Kung Fu LLC offers no website or software guarantees that their will be no interruptions, delays or server errors.
3.2 Discover Kung Fu LLC will attempt to make available website access of the Service on a regular basis for all devices; however, we do not warrant that it will be compatible with all devices and browsers at all times.
3.3 You may not: (i) modify, disassemble, decompile or reverse engineer the website, content and online software engines except to the extent that such restrictions are expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the website, software or its contents to any third party or use them to provide time sharing or similar services for any third party; (iii) make any copies of the website’s layout or contents; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the member management software, features that prevent or restrict use or copying of any content accessible through the website, or features that enforce limitations on use of the website; or (v) delete the copyright and other proprietary rights notices on the website or software.
3.4 You agree that we or are hosting provider may from time to time issue upgraded versions of the website and related software management, and may automatically electronically upgrade the version that you are using on your device. You agree to the automatic upgrading on your device, and agree that the terms and conditions of these Terms will apply to any subsequent upgrades. Any third-party code that may be incorporated in the Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. This license is not a sale of the software or any copy thereof, and Discover Kung Fu LLC and or its third party partners or suppliers retain all right, title, and interest in the website contents or membership management software.
4.0 DISCOVER KUNG FU LLC’S PROPERTY AND COPYRIGHTS
4.1 All right, title, and interest in and to the Service (excluding Content provided by users) are and will remain the exclusive property of Discover Kung Fu LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Discover Kung Fu name or any of the Discover Kung Fu LLC trademarks, logos, domain names, and other distinctive brand features.
5.0 ACCEPTABLE USE OF DISCOVER KUNG FU LLC SERVICE
5.1 Discover Kung Fu LLC is trusted by its users and its members, and we trust you to use our Service responsibly. You agree not to misuse or disrupt the Service. Specifically, you must not attempt to engage in the following activities:
• use the Service for any unlawful purposes or for promotion of any illegal activities;
• post any Content on the Service in violation of any applicable law, rule or regulation of any governmental authority, including intellectual property laws and right of privacy or publicity laws, or any contractual obligation;
• create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person;
• seek to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
• post or transmit any Content that contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;
• post or transmit any Content that contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
• impersonate others through the Service, defraud or otherwise misrepresent your affiliation with a person or entity in a manner that does or is intended to mislead, confuse, or deceive others;
• publish or post other individual’s private or personally identifiable information, such as credit card numbers, street address or Social Security/National Identity numbers, without their express authorization and permission;
• publish or link to malicious content intended or reasonably likely to damage or disrupt another user’s browser or computer or to compromise a user’s privacy;
• access, tamper with, or use non-public areas of the Service, Discover Kung Fu LLC’s computer systems, or the technical delivery systems of Discover Kung Fu LLC’s providers;
• probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
• access or search the Services by any means other than our publicly supported interfaces (for example, “scraping”);
• forge any TCP/IP packet header or any part of the header information in any posting or message, or in any way use the Service to send altered, deceptive or false source-identifying information;
• interfere with, or disrupt, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service.
5.2 All users agree to comply with US and local laws regarding online conduct and acceptable Content. We may investigate and/or suspend your account if you violate any of the above rules. Furthermore, we reserve the right to immediately terminate your account without further notice in the event that, in our sole and absolute judgment, you violate these Terms, or abuse the use of our Service.
5.3 You grant Discover Kung Fu LLC the right, but without obligation, to remove or refuse to distribute any public-facing Content on the Service including your Content. We also reserve the right to access, read, preserve, and disclose any information (public or private) as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Discover Kung Fu LLC, its users and the public.
5.4 Discover Kung Fu LLC reserves the right to access your account and your Content at any and all times for professional administration purposes and in order to provide regular service and support.
7.0 LINKS TO THIRD-PARTIES
7.1 The Service may have links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by us. The primary source for such links would be from user-generated Content. The Service may present previews of publicly available content associated with the links. However, we do not endorse or assume any responsibility for any of these third-party sites, information, materials, products, or services. If you access a third party website from the Service, you do so at your own risk, and you understand that these Terms and our Privacy Statement do not apply to your use of those sites. You expressly relieve Discover Kung Fu LLC from any and all liability arising from your use of any third-party website, service, or content and agree that your dealings with any third-party website, service, or content is only between you and such third parties.
8.0 YOUR REPRESENTATION
8.1 You represent and warrant that (i) you have adequate legal capacity to enter into these Terms, (ii) you will use the Service only for lawful purposes and in accordance with these Terms and (iii) you will not use the Service in violation of (a) any law, regulation, or ordinance or (b) any right of Discover Kung Fu LLC, its licensors, or any third party, including, without limitation, any right of privacy, publicity, patent, copyright or trademark. You agree to defend, indemnify and hold Discover Kung Fu LLC, its affiliates, licensors, officers, agents, employees and directors harmless from any damages, costs, expenses (including reasonable attorneys’ fees) incurred as a result of a violation of this paragraph.
9.0 MODIFICATION OF TERMS
9.1 Discover Kung Fu LLC may amend or modify these Terms at any time in its sole and absolute discretion, subject to notice to you. The modified Terms will be effective immediately upon your receipt of notice to you by email or a message in the Service, and you agree to be bound by the new terms and conditions of the posted Terms by continuing your use of any Service. You can always find the latest version of the Terms on this page. If you do not agree with the modified Terms, your only remedy is to discontinue using the Service.
10.0 NO WARRANTY
10.1 YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE.” DISCOVER KUNG FU LLC AND ITS LICENSORS AND SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES THAT THE SERVICE IS FREE OF DEFECTS, VIRUS FREE, AND ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, THAT THE FUNCTIONALITY OF THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT ERRORS IN THE SERVICE WILL BE CORRECTED, AND THE IMPLIED WARRANTIES THAT THE SERVICE IS MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING, UNLESS SUCH IMPLIED WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. FURTHER, APLLC AND ITS LICENSORS AND SUPPLIERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. IN ADDITION, ANY SECURITY MECHANISMS IMPLEMENTED BY THE SERVICE HAVE INHERENT LIMITATIONS, AND YOU MUST DETERMINE THAT THE SERVICE SUFFICIENTLY MEETS YOUR REQUIREMENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DISCOVER KUNG FU LLC OR AN AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY. DISCOVER KUNG FU LLC AND ITS LICENSORS AND OTHER SUPPLIERS HAVE NO LIABILITY WITH RESPECT TO YOUR USE OF THE SERVICE. YOU BEAR THE ENTIRE RISK AS TO ITS QUALITY AND PERFORMANCE AND ASSUME THE ENTIRE COST OF ANY SERVICE AND REPAIR. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THESE TERMS. NO USE OF THE SERVICE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
11.0 LIMITATION OF LIABILITY
11.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL DISCOVER KUNG FU LLC OR ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, EMPLOYEES, DISTRIBUTORS, SUPPLIERS, AGENTS OR RESELLERS (COLLECTIVELY, THE “DISCOVER KUNG FU GROUP”) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THESE TERMS OR THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICE, INCLUDING WITHOUT LIMITATION, LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS OF DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORTOR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, THE DISCOVER KUNG FU GROUP’S ENTIRE COLLECTIVE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES YOU PAID FOR THE SERVICE (IF ANY) AND REPLACEMENT OF DEFECTIVE MEDIA OR PROVISION OF A REASONABLY SIMILAR PRODUCT, AS DETERMINED AT DISCOVER KUNG FU’S SOLE AND ABSOLUTE DISCRETION, NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE GROSS NEGLIGENCE OF DISCOVER KUNG FU LLC TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. THE DISCOVER KUNG FU GROUP IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY YOU IN THE FORM OF FEEDBACK, CONTENT OR OTHERWISE. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL THE APLLC GROUP BE HELD RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY LOSS OR DAMAGE CAUSED OR ALLEGED TO HAVE BEEN CAUSED TO YOU IN CONNECTION WITH THE USE OF OR RELIANCE UPON ANY CONTENT, GOODS, OR SERVICES AVAILABLE ON OR THROUGH ANY EXTERNAL SITES LINKED FROM THE SERVICE. YOUR SOLE AND EXCLUSIVE REMEDIES IN THE EVENT OF ANY DISPUTE WITH APLLC UNDER OR RELATING TO THIS AGREEMENT ARE TO DISCONTINUE USING THE SERVICE.
12.1 Upon a request by Discover Kung Fu LLC, you agree to defend, indemnify, and hold harmless the Discover Kung Fu Group from all liabilities, claims, and expenses, including attorneys’ fees, that arise from your use of the Service in a manner not in strict conformance with these Terms. Discover Kung Fu LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Discover Kung Fu in asserting any available defenses.
13.0 MISCELLANEOUS LEGAL TERMS
13.1 These Terms constitutes the entire agreement between you and Discover Kung Fu LLC concerning your use of this website, management software and online content and membership services. Only Discover Kung Fu LLC can amend this Agreement by providing notice to you. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal or unenforceable, that provision shall be construed to reflect the parties’ original intent, and the remaining portions shall remain in full force and effect, or Discover Kung Fu LLC may at its option instead terminate these Terms. A waiver by either party of any term or condition of these Terms or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof. You may not assign or otherwise transfer by operation of law or otherwise these Terms or any rights or obligations herein. These Terms shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns. Neither party shall be in default or be liable for any delay, failure in performance or interruption of service resulting directly or indirectly from any cause beyond its reasonable control. You agree that these Terms are not intended to confer and does not confer any rights or remedies from Discover Kung Fu LLC upon any person other than you.
13.2 Except to the extent applicable law, if any, provides otherwise, the laws of the State of Virginia, excluding its conflicts-of-law rules, shall govern these Terms and your use of the Service. You expressly agree that exclusive jurisdiction for any claim or dispute arising from your use of the Service or under these Terms, resides in the federal and state courts of the State of Virginia in the county of Fairfax and you consent to the personal jurisdiction thereof.
Please contact us at [email protected] with any questions regarding these Terms.