This Agreement describes the legal relationship between you (or the person, firm or entity that you are representing, referred to in this Agreement as "you"), and Chen Tai Chi On-Line Class d/b/a ChenTaiChi.com (referred to in this Agreement as "we" or "us") relating to your use of the ChenTaiChi.com online service. Please read this document carefully. By using the ChenTaiChi.com service, you are deemed to have agreed to these Terms and Conditions of Use. If you do not agree with these Terms and Conditions of Use, you must terminate your use of the ChenTaiChi.com online service immediately. This web site is not intended for use by children under the age of 18. By using this web site or the ChenTaiChi.com service, you represent that you are age 18 or over.
Your Representations and Warranties.
You represent and warrant for the benefit of Chen Tai Chi Multimedia's licensors and suppliers that:
- you are at least 18 years of age;
- you possess the legal right and ability to enter into this Agreement and make the credit card/PayPal charge on your own behalf or on behalf of any person for whom you are acting as agent and/or that you are authorized to use the password required for the Site;
- all information that you submit to us is true, accurate, and current and that you own all rights in your Submissions or, alternatively, you have sufficient rights in your Submissions to grant us the rights described in these Terms;
- you will pay all license fees, clearance fees, and other financial obligations of any kind, arising from any use of your Submissions;
- your Submissions are not defamatory, do not infringe the intellectual property rights, privacy, rights to publicity or any other legal or moral rights of any third party;
- you will keep your registration information current;
- you will be responsible for all use of your password even if such use was conducted without your authority or permission; and
- you will not use the Site for any purpose that is unlawful or prohibited by this Agreement.
You agree to use the ChenTaiChi.com service for lawful purposes only and not in any manner that could give rise to any liability to us, our affiliates, licensees or customers, or which might adversely affect our or our affiliates' public image, reputation or goodwill. We reserve the right to terminate the ChenTaiChi.com accounts of users at our discretion.
ChenTaiChi.com is copyrighted 2010. All multimedia content on this website (written, video, images) is copyrighted and owned by ChenTaiChi.com. Do not distribute any content (downloading, sharing, uploading) without written consent from ChenTaiChi.com. Violators of copyright will be subjected to retribution.
Your Personal Information.
Information that you provide to us, and information that we collect from your activities on the ChenTaiChi.com site (i.e. the classes you purchase) will be used solely by ChenTaiChi.com for site statistics and to help optimize your online experience.
All ChenTaiChi.com monetary transactions are made through PayPal. ChenTaiChi.com is not liable for losses from transactions through PayPal. Please view the PayPal policies if you have experienced any inconveniences.
EXCEPT AS OTHERWISE AGREED IN WRITING, THE CHENTAICHI.COM SERVICE (INCLUDING, WITHOUT LIMITATION, THIS WEB SITE AND ALL RELATED PRODUCTS AND SERVICES THAT WE PROVIDE) AND THE CONTENT OFFERED THROUGH THE CHENTAICHI.COM SERVICE ARE PROVIDED "AS IS", "AS AVAILABLE". WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE CHENTAICHI.COM SERVICE OR THE RELATED PRODUCTS OR SERVICES THAT WE PROVIDE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM THE SAME. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY THAT THE CHENTAICHI.COM SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE.
Limitation of Liability.
We will not be liable for any consequential, indirect, special, exemplary, or incidental damages arising out of or in connection with your use of or inability to use the ChenTaiChi.com service (including, without limitation, any damages for lost profits or business interruption), for any content that is offered through the ChenTaiChi.com service, or for any claim made against you by any other party, whether arising from mistakes, omissions, interruptions, deletion of files or e-mails, errors, defects, viruses or other malicious code, delays in operation or transmission, or any failure of performance, even if we have been advised of the possibility of such damages. In no event will our liability to you for any claim related to the ChenTaiChi.com service, whether arising in contract, tort or any other legal theory (including, without limitation, negligence or strict liability) exceed the amount of fees that we have actually received from you during the 12-month period prior to the occurrence of the event giving rise to the claim.
ChenTaiChi.com is not a substitute for medical care, and offers no health warranties or guarantees of any kind. ChenTaiChi.com is not liable for any injuries or physical damage resulted from you performing Chen Style Tai Chi. YOU MUST CONSULT A PHYSICIAN BEFORE STARTING ANY EXERSIZE PROGRAM INCLUDING CHENTAICHI.COM.
If any provision contained in these Terms and Conditions of Use is held invalid, such invalidity shall not affect any other provisions contained in these Terms and Conditions of Use. Headings are inserted for reference only and shall not be construed as a part of these Terms and Conditions of Use. No failure or delay by us in exercising any right undelr these Terms and Conditions of Use will operate as a waiver of such right, nor will any single or partial exercise of any right preclude any other or further exercise of such right or of any other rights. These Terms and Conditions of Use shall be governed by the laws of the Commonwealth of California, without regard to any conflict of law principles. Any claim or litigation arising under or in connection with these Terms and Conditions of Use or the use of the ChenTaiChi.com service shall be brought solely in the Federal courts in the Northen District of California or the Alameda County Superior Court, California. You hereby consent and submit to the exclusive personal jurisdiction of such courts, and consent, submit to and agree that venue for such claim or litigation is proper in said courts and county. You hereby expressly waive all rights under applicable law or in equity to object to the jurisdiction and venue in said courts and county.
ChenTaiChi.com © 2010 all rights reserved.