End User License Agreement

The End User License Agreement below applies to all products produced and distributed by PKSA UNIVERSITY.  For questions, please contact us at 1-734-221-0226 or email us at [email protected]

ONLINE END USER LICENSE AGREEMENT

PLEASE READ THIS ONLINE END USER LICENSE AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE USING ANY OF THE ONLINE TRAINING SERVICES OFFERED BY PKSA UNIVERSITY (“PKSAU”) DESCRIBED BELOW.  THE TERM “YOU” REFERS TO THE USER OR VIEWER OF THE WEB SITE.  THIS AGREEMENT MAY BE AMENDED BY PKSAU FROM TIME TO TIME WITHOUT SPECIFIC NOTICE TO YOU.  THE LATEST AGREEMENT WILL BE POSTED ON THE WEB SITE AND YOU SHOULD REVIEW THIS AGREEMENT PRIOR TO EACH USE OF THE SITE.  BY USING THE ONLINE TRAINING, CONTENT AND MATERIALS PROVIDED ON THE WEB SITE (COLLECTIVELY REFERRED TO AS “SERVICES”), YOU ACKNOWLEDGE THAT YOU HAVE  READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND POLICY, YOU MUST PROMPTLY EXIT THIS PAGE WITHOUT ACCESSING OR USING ANY OF THE SERVICES.

1. Online Training Services Limited License; Permitted Uses. Subject to the terms of this Agreement, PKSAU hereby grants to you a limited, non-transferable, and non-exclusive license to access and use the Services solely for internal, personal, non-commercial purposes by you alone during the Term of this Agreement. Your use of the Services shall be strictly in accordance with this Agreement and our Terms of Use. You are responsible for providing and maintaining all computer equipment,  software and telecommunications services necessary to access the Services. Nothing in this Agreement grants or transfers to you or to any third party any ownership rights in the Services. Except as specifically set forth in this Agreement, PKSAU owns and retains all rights, title, and interest in the Services and any and all related materials.  You agree that the content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Services are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights.

2.  Restrictions and Prohibitions on Use.  Your license for access and use of the Services is subject to the following restrictions and prohibitions on use:  You may not (a) share or disseminate the Services with any third party; (b) copy, print (except for the express limited purpose permitted by Section 1 above), republish, post, alter, display, publicly perform, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Services retrieved therefrom; (c) create derivative works or compilations of any Services from the Web Site; (d) use any Services from the Web Site that may infringe any copyright, intellectual property right, proprietary right, or property right of PKSAU or any third parties; (e) make any portion of the Services available through the Internet or any other technology now existing or developed in the future; (f) use the Services or any portion thereof for transmitting unsolicited emails, telephone calls, facsimile transmissions, and/or mail or the use of the Services in a manner that violates any state or federal law regulating such transmissions or the export control laws or regulations of the United States;  (g)  introduce a virus or other harmful component, or otherwise tamper with, impair or damage any of PKSAU’s services; and (h) any rights not expressly granted by these Terms and Conditions or any applicable End User License Agreements are reserved by PKSAU..

3. Payment. For access to and use of the Services, you agree to pay the amounts set forth in PKSAU’s Fee Schedule for the number of users and/or site for which you are purchasing a license. You hereby acknowledge and agree that the subscription fee is payable in advance for each license purchased upon acceptance of this Agreement and will be charged whether you use the Services or not.. Payments not paid when due shall be subject to late charges equal to the lesser of (i) one and one-half percent (1.5%) per month of the overdue amount or (ii) the maximum amount permitted under applicable law. You agree to pay all attorneys’ and collection fees arising from efforts to collect any past due amounts from you.

4. Website Availability. PKSAU’s Website will be accessible to you via the World Wide Web portion of the Internet twenty-four (24) hours a day, seven (7) days a week, except for scheduled maintenance and required repairs, and except for any loss or interruption of Services due to causes beyond the control of PKSAU or which are not reasonably foreseeable by PKSAU, including, but not limited to, interruption or failure of telecommunication or digital transmission links and Internet slow-downs or failures.

5. Modifications and Changes to Services. The content, availability,  access and all other features, attributes or aspects of the Services, including but not limited to our End User License Agreement and privacy policy, are subject to change, modification, additions or deletions at any time without notice in PKSAU’s sole discretion.  Such modifications and changes shall be effective for new users immediately upon being posted to the Services. For existing customers, the applicable modifications and changes shall be effective thirty (30) days after posting unless otherwise stated.  If you do not agree with any of the modifications and changes, you must discontinue using any and all Services.  By continuing to use any Services after PKSAU’s posting, you expressly accept any applicable changes.  PLEASE NOTE that PKSAU employees, customer service representative, instructors or other agents are not authorized to modify any provision of these Terms, either verbally or in writing.

6. Links or Pointers to Other Sites. PKSAU makes no representations whatsoever about any other website that you may access through the Services. When you access a non-PKSAU Website, you understand that it is independent from PKSAU and PKSAU has no control over the content on that website. In addition, a hyperlink to a non-PKSAU website does not mean that PKSAU endorses or accepts any responsibility for the content, or the use, of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, trojan horses, and other items of a destructive nature.

7. Your Responsibilities. (a) You agree to comply with our Terms of Use and all applicable laws and regulations, including, but not limited to, those related to pornography, obscenity, copyright, trademark, other intellectual property rights, data privacy, international communications, import and export regulations and tax laws and regulations. (b) Upon registration, you agree to provide us with accurate, complete registration information.  Each registration is for your personal use only and not on behalf of any other person or entity.  (c)  PKSAU does not permit any other person using the registered sections under your name or the access through a single name being made available to multiple users.  (d) You accept responsibility for preventing such unauthorized use.  (e) You agree to notify PKSAU promptly if you suspect unauthorized use of your account. (f) Until you notify PKSAU in writing, you remain solely responsible for such unauthorized use and any damages that may result therefrom. (g) You further agree to notify PKSAU immediately in the event you become subject to any lawful order or process that would prohibit or limit your use of the Services. (h) As a condition of your use, you warrant to PKSAU that you will not use the Services for any purpose that is unlawful or prohibited by these Terms and Conditions.

8.  Unlawful Activity.  PKSAU reserves the right to investigate and pursue complaints or suspected/reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, attorneys or their agents, regulators or other third parties.  You expressly agree that PKSAU may disclose any information necessary or appropriate to such persons or entities relating to your profile, email address(es), usage history, posted materials, IP addresses and traffic information.

9.  Indemnification.  You agree to indemnify, defend and hold us and our affiliated parties harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, arising out of or relating to your violation of this Agreement, use of the Services or any physical injury suffered due to use of the Services.  You hereby agree that some of the Services involve instruction for physical activities that could result in physical injury.  You hereby waive any claim against PKSAU and its affiliated parties for such physical injury.  

10. Disclaimer of Warranties. THE SERVICES ARE PROVIDED AS-IS, WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND. PKSAU EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE/NON-INFRINGEMENT TO THE FULL EXTENT PERMITTED BY LAW. PKSAU DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. PKSAU DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, QUALITY, RELIABILITY, APPROPRIATENESS FOR A PARTICULAR TASK OR APPLICATION, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PKSAU OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. YOU ARE ENTIRELY RESPONSIBLE FOR AND ASSUME ALL RISK FOR USE OF THE SERVICES. PKSAU IS NOT RESPONSIBLE FOR TRANSMISSION ERRORS OR CORRUPTION OR SECURITY OF INFORMATION CARRIED OVER TELECOMMUNICATION LINES.

11. Limitation of Liability. IN NO EVENT SHALL PKSAU BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION, LOSS OF DATA, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF OR RELATED IN ANY WAY TO THIS AGREEMENT OR THE SERVICES, OR FOR ANY CLAIM BY ANY THIRD PARTY (INCLUDING FOR INTELLECTUAL PROPERTY INFRINGEMENT), EVEN IF PKSAU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF PKSAU TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO PKSAU IN THE THREE MONTHS PRIOR TO THE EVENT CAUSING LIABILITY.

12. Exclusive Remedy. Your sole right and exclusive remedy for breach of this Agreement by PKSAU if you are dissatisfied for any reason with the Services is to terminate this Agreement as provided in this Agreement.

13. Term and Termination. The term of this Agreement shall commence: (i) For single seat direct purchases via web or phone the term begins at time of purchase ; (ii) For subscriptions purchased via activation code, including via promotion, resellers or multi-seat purchases, the term begins upon activation of the first activation or 30 days from the date of purchase, whichever occurs first.

14.  Subscriptions.  (a)Subscriptions to PKSAU’s Services shall continue for the length of time established by the original subscription, unless earlier terminated as provided in this Agreement. After completion of the initial term, and each anniversary thereafter, this Agreement shall automatically renew for the same duration as the original subscription period unless written notice of the intent not to renew this Agreement is tendered by either party no more than two (2) business days after renewal of this Agreement. (b) Renewals automatically extend subscriptions from the anniversary date or the final date of the month if no corresponding date exists for a full term regardless of whether the renewal is purchased prior to the anniversary date or during any applicable grace period following the anniversary date. (c) Renewals will be at the current full subscription price at time of renewal, and any discounts, rebates or other special offers are not applicable to renewal subscriptions. (d) PKSAU may increase subsequent subscription rates at any time to take effect on future anniversary renewal dates provided subscriber is notified thirty (30) calendar days prior to the subscription rate increase. (e) Renewal subscriptions will be charged to the credit card submitted for payment at time of initial subscription. Customer must notify PKSAU of any changes to credit card information and PKSAU may terminate or suspend the subscription if unable to renew the subscription based on inaccurate or outdated credit card information. (f) Subscriber and renewal fees are non refundable, and pro-rated fees or credits will not be issued upon cancellation of subscription by subscriber, even if cancellation occurs prior to anniversary date. (g) Subscriber may terminate this Agreement upon PKSAU’s failure to cure an ongoing, material breach of this Agreement within thirty (30) days after giving PKSAU written notice of such material breach. (h) PKSAU may at any time and without advance notice modify or restrict your use of the Services, or terminate this Agreement if PKSAU determines, in its sole discretion, that your use of the Services: (i) violates PKSAU’s Terms of Use; (ii) violates any laws, regulations, court orders, or other governmental request or order which requires immediate action; (iii) violates any intellectual property rights of PKSAU or a third party; (iv) violates any export or import regulations; (v) is disruptive or causes a malfunction of the Services; (vi) may expose PKSAU to potential legal liability; or (vii) if you fail to timely pay any amounts required under this Agreement.

15. Rights and Duties Upon Termination. Upon termination of this Agreement, all rights to the Services terminate immediately and you must remove any PKSAU content from your computer immediately. You remain liable for the full charge(s) for all unexpired Term(s). If this Agreement is terminated for any reason, you agree not to re-register for or otherwise access the Services without PKSAU’s prior written approval. PKSAU may delete any data files associated with your use of the Services upon termination of this Agreement.

16. Use of Free Tutorials. If you elect to use the Services as a guest by using one or more of the free tutorials offered from time to time on PKSAU’s website, all of the terms and conditions of this Agreement will be applicable to such use, excluding however, any terms related to payment therefore.

17. Choice of Law, Venue and Jurisdiction. This Agreement shall be treated as entered into in the State of Michigan and shall be governed by and construed in accordance with the laws of the State of Michigan, exclusive of its choice of law rules. Each party to this Agreement submits to the exclusive jurisdiction and venue of the state and federal courts sitting in the County of Wayne in the State of Michigan, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys’ fees. In the event that any of the terms and conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary, so that the remaining terms and conditions shall otherwise remain in full force and effect.

18. General Terms. Your rights and obligations under this Agreement may not be assigned or transferred without the written permission of PKSAU and any assignment or transfer in violation of this provision shall be null and void. If any provision of this Agreement is determined to be invalid, all other provisions will remain in force. Notice or other communication between you, and PKSAU may be given by conventional first-class mail or by email. Notices sent by first-class mail are effective on the fifth day after mailing. Notices sent by email are effective the next business day after they are sent. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

ADVISORY OF RIGHTS AND RESPONSIBILITIES: 

Safety is not the sole responsibility of Instructors and staff. Everyone is responsible for their own safety and the safety of those around them. All students have the right and responsibility to excuse themselves from any exercise they believe will be harmful to them. All students must evaluate each situation in the context of their skill and current physical condition, and conduct each drill in a manner that is safe. If an instructor gives an instruction that is unsafe for that student, it is the student’s responsibility to inform the instructor that the skill may be unsafe. The instructor will routinely excuse the student from unsafe exercises and drills. The instructor may ask for an explanation, and the student is expected to provide one. All students have a responsibility to train and conduct themselves in a manner that helps all students and instructors remain safe. Students must give those who are training enough room to avoid being accidentally struck by someone else practicing, which is especially important when others are practicing with weapons. In the event of an injury, students have the right and responsibility to evaluate the extend of harm, stopping what they are doing even if it includes a partner, and determining if it is safe to continue. Unless a student is certain that a practice will not create or worsen a problem, all students are encouraged to stop what they are doing and inform an instructor. In the event of a serious injury, all students, instructors, staff, and visitors, notably parents, have the right to call a stop to a particular training exercise. If a student notes an unsafe training situation, which may include a student performing a skill incorrectly, a student not being careful about others, a defect in a piece of training equipment, a potentially dangerous obstacle or condition on the floor, or any thing else that may cause or lead to harm of student, instructors, staff, visitors or guests, then the student is expected to correct the situation if within their ability or notify an instructor or staff member immediately. If something is simple to correct, such as picking up a weapon left on the floor, the student should correct the situation. If the situation may require the authority of the instructor or staff, or if it is not a simple matter, then the instructor or staff member should be notified immediately. 

ASSUMPTION OF RESPONSIBILITIES AND RISK:

Martial arts is a potentially dangerous activity. Bumps, bruises, scrapes, scratches and soreness are commonplace, and most students will encounter this sort of minor injury from time to time in their training. More serious injuries are possible, including sprains, strains, twists, cramps, and injuries of similar magnitude, and students can expect to encounter these injuries infrequently. The possibility of more serious injury exists, including fractured bones, broken bones, torn ligaments, though not all students encounter such injuries. There remain, despite safety precautions, the remote possibility of crippling death, though this is certainly not expected in this martial arts class. I understand the above statement of risk, and I understand the rights and responsibilities of students. I assume responsibility for my own safety (or the safety of my child), understanding and accepting the risks involved with the martial arts training. Even if the instructor has informed me that no serious injuries have ever happened in this school or with any of the instructors, I understand that this does not mean that there is no possibility of harm. By assuming this risk, I completely absolve all instructors, staff, guests, students, landlords, management companies and nay and all parties of liability for my harm, unless intentionally caused n criminal conduct. 

NOTICE AND CONSENT TO INSTRUCTORS:

This school seeks to make use of highly – trained, professional instructors, with both expertise and experience both n the art we teach and in teaching. Classes may be taught by the head instructor or any other qualified instructor. Should an instructor be unavailable for a given class, a junior instructor, senior student or guest instructor may teach. The choice of the instructor is left to the discretion of the school. I understand that I may not always have the instructor I desire, but I shall seek to learn from whoever is teaching, to show the respect due the position of teacher to whomever is teaching, and to conduct myself in accordance with the etiquette established at this school. I understand that I have the responsibility for my own safety without regard to who is teaching the class. I specifically consent to any instructor the school, instructors or staff feel are sufficiently qualified by any standards they set to teach the class. I specifically understand and agree that the full force of this document applies no matter who is teaching. 

NOTICE OF PHYSICAL CONTACT:

Complete martial arts training involves a wide variety of skills. While practicing these skills, students may have contact with any portion of the body. The groin may be the target of kick, strikes, grabs. The chest, buttocks, groin, or any part of the body may be contacted by any part of the training partner’s body during training by martial arts techniques, or incidentally contacted while performing a martial arts technique targeting another portion of the body. When male and female students train together, or when adult and minor students train together, and in any other training combination, the purpose an intent of the school, instructors and staff is to provide an environment for all students to learn and practice martial arts and self-defense. Students are expected to conduct themselves appropriately at all times to ensure the best training results for everyone. Should any student feel a training partner is engaging in contact beyond the scope of training, or a training partner is taking undue an unacceptable advantage of training contact, or if a student is made uncomfortable by any training o partner, then that student has the right o withdraw from the exercise or drill. If the conduct of the training partner appears inappropriate, the student should inform an instructor privately. If the conduct of the training partner or any training partner appears criminal, then an instructor should be informed and authorities may be notified either by the student to the instructor, or both. 

CONSENT TO PHYSICAL CONTACT:

I understand the nature of physical contact in martial arts training, and I understand that I have the right to immediately withdraw from any exercise or drill in which the conduct of any party seems beyond the scope of training or makes me uncomfortable. I agree to abide by school etiquette in all matters pertaining to training, and I shall not in any way conduct myself inappropriately or take inappropriate advantage of the contact martial arts training allows. I have read this document, and I understand the content of it. I agree to abide by the terms of it. 

ARBITRATION CLAUSE:

Should any dispute arise between me, my child, or anyone acting on behalf of my child, regarding this school, then I specifically agree that the dispute shall be resolved in binding arbitration. Should a suit be filed in court, I specifically authorize the court to order the case to binding arbitration.

INDEMNIFICATION BY PARENTS:

Applicable only to parents enrolling minor children I agree not to bring any claim or suit against the school, instructors, staff, guests, students, landlord, or any other parties on behalf o my child for any injury or harm sustained by any event short of criminal act, and then only the criminal shall be the subject of such a claim. I further agree that I will not cause to be brought, nor encouraged to claim or suit. I also agree not to cooperate in the bringing of such a suit or claim except insofar as I may be legally required to do so. Finally, I shall indemnify the school, instructors, staff, guests, students, and nay and all additional defendants covered by this agreement for all judgments, costs, attorney fees and other expensed incurred as a result of a breach of this agreement. 

SEVERABILITY:

If any clause, sentence, phrase or statement is found unenforceable or invalid by any Court of law, the remainder of the document shall remain valid enforceable and the invalid clause, sentence, phrase or statement shall be considered struck form the document.