Last Updated: March 24, 2022
The term “you” refers to anyone who uses, visits and/or views the Website. By accessing or using the Website you agree to be bound by these Terms. If you disagree with any part of the terms then you must not access the Website or Services.
Wu An Martial Arts LLC (“company”, “I”, “we” or “us”) provides general educational information on various topics within our Services and on this Website as a public service, which should not be construed as professional health or medical advice. The information presented here is not a substitute for any kind of professional advice, and you should not rely solely on this information. Always consult a professional in the area for your particular needs and circumstances prior to making any professional, health, business and medical related decisions.
Your use of the Service and the Website is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis.
PARTNERSHIPS AND SPONSORED POSTS DISCLAIMER
We may include sponsored blog posts on our Website or social media for products or Services we recommend or those that have been valuable in our personal experience or use. Our mention of the other products and Services does not serve as a guarantee or promise of any kind for your results and successes if you decide to use the same information, reviews, products, Services, tips and techniques. You are encouraged to perform your own due diligence and research and are solely responsible for your decisions to purchase these products and Services. You agree not to hold us and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us liable for any of your successes or failures directly or indirectly related to the information, reports, reviews, products and/or Services presented to you here.
All content on this Website and presented in our Services including but not limited to text, posts, logos, marks, graphics, files, materials, services, products, videos, audio, applications, computer code, designs, downloads and all other information here (collectively, the “Content”) is owned by Wu An Martial Arts LLC, its licensors, or other providers and is protected by copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You continue to own any User Contributions submitted by you and agree to license the User Contributions to Wu An Martial Arts LLC as described below. No right, title or interest in or to the Service or any Content on the Service is transferred to you, and all rights not expressly granted are reserved by Wu An Martial Arts LLC.
The Wu An Martial Arts name, YMAA Wu An name, Barking Rabbit name, and all related names, logos, product and service names, designs and slogans are trademarks of Wu An Martial Arts LLC or its affiliates or licensors. You must not use such marks without the prior written permission of Wu An Martial Arts LLC. All other names, logos, product and service names, designs and slogans within the Service are the trademarks of their respective owners.
If you wish to make any use of material on the Service other than that set out in this section, please contact: .
ACCESSING THE SERVICE AND ACCOUNT SECURITY
You must treat your login account information confidential. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality as well as all activities that occur through the use of your password. You agree to notify us immediately of any unauthorized access to or use of your login information or any other breach of security.
USER CONTENT AND LAWFUL USE OF THE WEBSITE
For any Content or information that you upload, display, post, transmit, send, email or submit to us on the Website or on any of our social media sites, you warrant that you are the owner of that Content or have express permission from the owner of those intellectual property rights to use and distribute that Content to us. You grant us and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to identify you, publish, post, reformat, copy, distribute, display, edit, reproduce any Content provided by you on our Website and on any of our social media sites for any purpose. You shall be solely liable for any damages resulting from any infringement of copyrights, trademark or other proprietary rights of any Content or information that you provide to us.
- For the purpose of exploiting, harming or attempting to exploit or harm minors or children in any way, including without limitation, by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To transmit or attempt to transmit the sending of any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm Wu An Martial Arts LLC or users of the Service or expose them to liability.
- Use the Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Service.
- Use any robot, spider or other automatic device, process or means to access the Service for any purpose.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful or otherwise attack or interfere with the Service.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer or database connected to the Service.
USER CONTRIBUTIONS AND LICENSES
Except as otherwise provided herein, by posting or otherwise transmitting any User Contribution in connection with the Service, you grant to Wu An Martial Arts LLC and our affiliates, respective licensees, successors and assigns the non-exclusive right to use, reproduce, modify, perform, display, and distribute the User Contributions for any purpose.
USER CONTRIBUTION CONTENT STANDARDS
These content standards apply to any and all User Contributions and use of the Service. User Contributions must comply with all applicable federal, state, local and international laws and regulations. You are responsible for any User Contributions you submit or contribute to, and you, not Wu An Martial Arts LLC, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. You warrant that you own or control all rights in and to your User Contributions and have the right to grant the license granted above to us.
Without limiting the foregoing, you represent and warrant that User Contributions do not and will not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- Infringe on any third party rights, including without limitation intellectual property rights, rights of publicity and privacy, contract rights, or otherwise constitute defamation or otherwise contain any material that could give rise to any civil or criminal liability under applicable laws or regulations.
- Be likely to deceive any person;
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- Impersonate Wu An Martial Arts LLC, employees of Wu An Martial Arts LLC, or any other person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
RELIANCE ON INFORMATION POSTED
The User Contributions and any other information presented on or through the Service is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. The information in the User Contributions do not necessarily reflect the opinion of Wu An Martial Arts LLC. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
LINKS TO OUR WEBSITE
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
THIRD PARTY LINKS
You agree that we are not responsible or liable for the accuracy, content or any information presented on these third party Websites. You assume all risks for using these third party Websites or resources and any transactions between you and these third party Websites are strictly between you and the third party. We shall not be liable for any damages resulting from your use of these third party Websites or resources.
We reserve the right in our sole discretion to:
- Refuse, remove, restrict your access, revoke and terminate your use of our Website including any or all Content published by you or us at any time for any reason, without notice.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service.
You have the right to terminate your account at any time. Upon termination of your account, your User Contributions and account information will no longer be available for viewing or use and may not be recoverable at a later time.
REFUND & CANCELLATION POLICY
Seminars & Workshops (Online & In-Person)
- Seminar & workshop fees are non-refundable and non-transferable 7 days before the seminar or workshop.
- Cancellation: Future seminar & workshop credit may be granted, subject to the instructor’s assessment of the circumstances.
- Monthly Membership Pause: You may request your monthly membership to be paused for any reason. Your invoice due date will be extended (starting from 7 days from receiving your request) to reflect the time off requested.
- Monthly Membership Cancellation: You may request to cancel your membership. Cancellations will take effect within 7 days of receiving your request.
- Class Pass Cancellation: Class Pass payments are refundable for the remaining value, for any reason. The remaining value will be credited through the original form of payment, 7 days after receiving your cancellation request.
Private Lessons (Online & In-person)
- Lessons may be rescheduled with 48 hours advance notice.
- Cancellations within 48 hours of scheduled lesson: Future session credit may be granted, subject to the instructor’s assessment of the circumstances.
- Youth Kung Fu membership cancellations must be made with 7 days’ notice. Refund amount is equal to the remaining value of the tuition fee paid.
- All refunds are subject to a 10% processing fee
Classes taught by Wu An Martial Arts LLC instructors but registered through a third party are under the refund and cancellation policies of the third party.
YOUR USE OF THE SERVICE, ITS CONTENT AND ANY INFORMATION OR ITEMS OBTAINED THROUGH THE SERVICE IS AT YOUR OWN RISK. ALL CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES ON THE WEBSITE ARE “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE, EXPRESS OR IMPLIED TO THE FULL EXTENT PERMISSIBLE BY LAW.
COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONTENT, INFORMATION, MATERIALS, PRODUCTS AND/OR SERVICES PROVIDED ON THIS WEBSITE.
COMPANY MAKES NO WARRANTIES THAT THE WEBSITE WILL PERFORM OR OPERATE TO MEET YOUR REQUIREMENTS OR THAT THE INFORMATION PRESENTED HERE WILL BE COMPLETE, CURRENT OR ERROR-FREE. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICE, OR ANY INFORMATION OR ITEMS OBTAINED THROUGH THE SERVICE, OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
COMPANY DISCLAIMS ALL WARRANTIES, IMPLIED AND EXPRESS FOR ANY PURPOSE TO THE FULL EXTENT PERMITTED BY LAW.
LIMITATION OF LIABILITY
You agree that under no circumstances, we and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us shall be liable for any direct, indirect, incidental, consequential, equitable, special, punitive, exemplary or any other damages resulting from your use, or inability to use our Services and this Website including but not limited to all the Content, information, products, Services and graphics presented here.
You expressly agree that your use of the Website is at your sole risk and that you are solely responsible for the accuracy of the personal and any information you provide, outcome of your actions, personal and business results, and for all other use in connection with the Website.
You also expressly agree that we and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us shall not be liable to you for any damages resulting from 1) any errors or omissions from the Services and on the Website, delay or denial of any products or Services, failure of performance of any kind, interruption in the operation and your use of the Website, Website attacks including computer virus, hacking of information, and any other system failures; 2) any loss of income, use, data, revenue, profits, business or any goodwill related to the Website; 3) any theft or unauthorized access by third party of your information from the Website regardless of our negligence; and 4) any use or misuse of the information, products and/or Services offered here.
This limitation of liability shall apply whether such liability arises from negligence, breach of contract, tort or any other legal theory of liability. You agree that we provide no express or implied guarantees to you for the content presented here, and you accept that no particular results are being promised to you here. Under no circumstances shall Wu An Martial Arts LLC’s total liability under this agreement exceed the amount paid by you to Wu An Martial Arts, if any.
GOVERNING LAW AND JURISDICTION
You agree to resolve any disputes or claims first through mandatory arbitration in the state of Massachusetts and shall bear the full cost of arbitration as permitted by law. Your good faith participation in arbitration is a condition precedent to pursuing any other legal or equitable remedies available such as litigation or any other legal procedure. You also agree that in the event a legal claim is initiated after the required arbitration, the prevailing party shall be entitled to recover reasonable attorney’s fees and other costs associated with the legal action.
LIMITATION ON TIME TO FILE CLAIMS
WAIVER AND SEVERABILITY