We reserve the right to limit access to the website wholly or to any of its parts, components, and links at any time if we feel they are being used to post malicious items on pmakarate.com or abuse of other members, students, teachers, volunteers or any person related to Pacific Martial Arts, Inc.
Changes and Modifications
In addition, you agree not to modify, add or delete any content on this site, without the express written permission of Pacific Martial Arts, Inc. Further, you agree not to interrupt or attempt to interrupt the operation of this Web site or access thereto by other users.
You agree not to resell or otherwise exploit for commercial purposes, directly or indirectly, any portion of this Web site, the information provided and/or services offered on this Web site, or access to this Web site.
You may link to this Web site, so long as it does not portray Pacific Martial Arts, Inc. or its affiliates in a negative manner or otherwise portray its activities or services in a false, misleading, derogatory or offensive manner. Further, the linking site must not contain anything illegal, false, misleading, derogatory or offensive, and no express or implied affiliation with Pacific Martial Arts, Inc. may be indicated without express written permission from Pacific Martial Arts, Inc. Pacific Martial Arts, Inc. reserves the right to require that you remove any link to this Web site for any reason, and you agree to carry out the removal immediately.
You agree that information you provide to this Web site or the vendors, suppliers or individual whose products or services are present in the online directory of this Web site will be true and accurate to the best of your knowledge, and that nothing you provide shall be illegal, obscene, threatening, defamatory, invasive of privacy, infringing on the rights of, or otherwise injurious to person or property, including, without limitation, software viruses, worms, Trojan horses or other malicious code. You also agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the source of the information you provide to this Web site or to the manufacturers and distributors whose products are present in the online directory of this Web site.
Disclaimer/Indemnity/Limitations on Damages
Names, locations, classes, products/services descriptions and other information contained in this Web site are believed to be correct and they might change without notice. Although we believe that the information supplied is generally correct, we do not assume any responsibility whatsoever for its accuracy. The data and information contained in the pages of this website is intended for use by persons possessing a certain degree of martial arts technical skill and knowledge as practiced at the Pacific Martial Arts. How the information supplied is used is beyond our knowledge or control and consequently we assume no liability whatsoever for results obtained or loss or damage incurred as a result of application of the data or information presented. Users of this website do so at their own risk. In addition, we assume no liability and make no warranty with respect to claims of patent, trademark or copyright infringement or other similar claims which may arise out of or in connection with the use of any data, information or items listed in this website.
Pacific Martial Arts, Inc. EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL Pacific Martial Arts, Inc. BE LIABLE FOR ANY INJURY, EXPENSES, PROFITS, LOSS OR DAMAGE, WHETHER DIRECT, INCIDENTAL, OR CONSEQUENTIAL, OR ANY OTHER PECUNIARY LOSS OR EXPENSE ARISING OUT OF THE ACCESS, USE OR INABILITY TO USE ANYTHING ON THIS WEB SITE INCLUDING TIME-SENSITIVE INFORMATION, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY THEREOF.
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.
Third Party Sites/Email
As a convenience to you, Pacific Martial Arts, Inc. may provide on this Web site one or more links to third party Web sites and/or provide email contacts respecting third parties. Pacific Martial Arts, Inc. makes no endorsement of such third parties, nor any representation or warranty regarding anything that takes place between you and any such third parties, including, without limitation, visits to third party Web sites, email correspondence with third parties, and business or other transactions with third parties found through this Web site. Please understand that such third parties are independent from and not controlled by Pacific Martial Arts, Inc. even if, for example, a Pacific Martial Arts, Inc. link or logo appears on a Web site linked from this site. It is up to you to take whatever precautions are necessary in order to protect against viruses, worms, Trojan horses or other malicious code.
You acknowledge and understand that the method of operation of this Web site and/or the business method employed are the subject of one or more U.S. and International patent applications. Copying any aspect thereof may subject the copyist to injunctions, monetary damages and/or other legal ramifications upon patent issuance.
Pacific Martial Arts, Inc. owns the following trademarks and service marks listed below. A mark designated with a registration symbol (®) indicates that it is registered with the U.S. Patent and Trademark Office. Marks without the registration symbol are either under application for registration in the U.S. or are considered to be common law marks of Pacific Martial Arts, Inc. You agree not to use any meta tags or other hidden text utilizing Pacific Martial Arts, Inc. name or any of its trademarks or service marks without the express written consent of Pacific Martial Arts, Inc.
Pacific Martial Arts, Inc.
Pacific Martial Arts, Inc. © 2009 Pacific Martial Arts, Inc. All Rights Reserved Throughout the World. Pacific Martial Arts, Inc. claims a copyright interest in each page of this Web site and the site as a whole, as well as in the individual content. No portion of this Web site or the Web site as a whole may be copied, retransmitted, reposted, duplicated or otherwise used without the express written permission of Pacific Martial Arts, Inc.
Choice of Law/Forum for Disputes
The validity, construction and performance of the Term of Use of this Web site and the legal relations between you and Pacific Martial Arts, Inc. shall be governed by and construed in accordance with the laws of the State of California, excepting its choice of law rules if the application of such rules would result in the laws of another jurisdiction being applied.
Any dispute between you and Pacific Martial Arts, Inc. arising out of or relating in any way to your access or use of this Web site shall initially be addressed through confidential negotiations, which shall be treated as compromise and settlement negotiations under the relevant rules of evidence. If the matter in dispute has not been resolved within thirty (30) days of the initiating party's written request for negotiation, the parties shall endeavor to first settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Rules. A neutral third party will be selected in accordance with the selection process. During the time period set forth below, mediation shall be the sole and exclusive procedure for resolution of any such dispute. If the dispute is still not resolved within sixty (60) days after mediation begins, either party may demand arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof as described in the following paragraph. If the parties agree, a mediator involved in the parties' mediation may be asked to serve as the arbitrator.
Any dispute between you and Pacific Martial Arts, Inc. described in the previous paragraph shall be brought before an alternative dispute resolution body within 50 miles of the address of record for the corporate headquarters of Pacific Martial Arts, Inc. as of the date of the initiating party's written request for negotiation. You agree that any such body shall have personal jurisdiction over you for purposes of any such dispute. Further, any judgment on the award rendered by the arbitrator may be entered only in a court within 50 miles of Pacific Martial Arts, Inc.'s corporate headquarters as of the date the award is rendered by the arbitrator. You agree that any such court shall have personal jurisdiction over you for purposes of any such judgment.
You agree that the cost of mediation and any subsequent arbitration as described above shall be split equally between you and Pacific Martial Arts, Inc.