Terms of Use

Last Updated: March 24, 2022

ACCEPTANCE OF THE TERMS OF USE

Welcome to Wu An Martial Arts LLC (“company”, “I”, “we” or “us”). The following Terms of Use, together with any documents expressly incorporated by reference (collectively “Terms of Use”), govern your access to and use of https://www.wuanmartialarts.com and our social media accounts (collectively the “Website”), including any content, functionality and services (the “Services”) offered on or through https://www.wuanmartialarts.com.

By visiting and using the Website, you accept and agree to be bound by these terms of use including our Disclaimer and Privacy Policy posted on the Website and incorporated herein by reference.

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.

Only persons 13 years of age or older are able to use Wu An Martial Arts LLC Service unless otherwise provided below. If you are age 13 through 17, you may use the Service if a parent or legal guardian agrees to be bound by these Terms of Use. If you are a parent or guardian agreeing to these Terms of Use for the benefit of a minor age 13 through 17, be advised that you are fully responsible for his or her use of the Service and any and all legal liability that he or she may incur.

CHANGES TO THE TERMS OF USE

Wu An Martial Arts LLC reserves the right to amend or modify these Terms of Use in its sole discretion at any time without notice. By continually using the Website, you accept those amendments.

PRIVACY POLICY

All information we collect on the Service is subject to our Privacy Policy. By using the Service, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

DISCLAIMER

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.

INTELLECTUAL PROPERTY

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.

You are granted a limited revocable license to print or download Content from the Website for your own personal, non-commercial, non-transferrable, informational and educational use only, while ensuring it’s not in violation of any copyright, trademark, and intellectual property or proprietary rights. You agree not to copy, duplicate, steal, modify, publish, display, distribute, reproduce, store, transmit, post, create derivative works, reverse engineer, sell, rent or license any part of the Content in any way to anyone, without our prior written consent. You agree to abide by the copyright, trademark laws and intellectual property rights and shall be solely responsible for any violations of these Terms of Use.

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

We reserve the right to withdraw or amend the Service in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service or the entire Service in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

To access the Service or some of the resources it offers, you may be asked to provide certain registration details such as a username, email, and password. You agree that all information you provide to register with the Service, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

By using our Website and/or Services, you represent and warrant that you are (18) years of age or older and agree to abide by all the terms and conditions of this Agreement. If you are between the age of 13 and 18 years old, you may use the Service but only under the supervision of a parent or legal guardian who agrees to be bound by the Terms of Use and this Privacy Policy. Wu An Martial Arts LLC has sole right and discretion to determine whether to accept a Member, and may reject a Member’s registration with or without explanation.

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.

PROHIBITED USES

You agree to use the Website for lawful purposes only and shall be liable for damages resulting from violation of any provision contained in these Terms of Use. You agree not to use the Service and Website:

  1. In any way that violates any applicable federal, state, local or international law or regulation or these Terms of Use.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. Use any robot, spider or other automatic device, process or means to access the Service for any purpose.
  7. 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.
  8. 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

The Service may contain message boards, personal profiles, forums, or platforms to share training tips or before and after photos, and other features that allow users to post, submit, publish, display or transmit content, materials and information (collectively, “User Contributions”) on or through the Service. You represent and warrant that all User Contributions comply with these Terms of Use.

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:

  1. Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
  2. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  3. 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.
  4. Be likely to deceive any person;
  5. Promote any illegal activity, or advocate, promote or assist any unlawful act.
  6. Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
  7. 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.
  8. Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
  9. 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.

ONLINE PURCHASES AND OTHER TERMS OF USE

Some features of the Service may require payment.  All purchases through our site are made through a third party payment provider and you agree to adhere to such third party Terms of Use. The third party payment providers we use include:

  1. Square
  2. PayPal
  3. Venmo
  4. Zelle

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

The Website may contain links to third party Websites or resources for your convenience. We may serve as an affiliate for some of these third party Websites by offering or advertising their products or services on the Website; however, we do not own or control these third party Websites. Once you click on a third party link and leave this Website, you are no longer bound by our Terms of Use.

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.

TERMINATION

We reserve the right in our sole discretion to:

  1. 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.
  2. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service.
  3. Terminate or suspend your access to all or part of the Service for any or no reason, including without limitation, any violation of these Terms of Use.

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.

Online Classes

  • 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.

In-Person Classes

  • 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.

Refunds

  • 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.

NO WARRANTIES

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.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Wu An Martial Arts LLC, its affiliates, licensors service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, shareholders, joint venture partners, successors, against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and reasonable attorneys’ fees (“Liabilities”) arising out of or relating to your violation of these Terms of Use or your use of the Service, including but not limited to your User Contributions, and any negligence, misconduct, or criminal activity by you. Company reserves the right to defend such claim, liability or damage at your expense. You shall fully cooperate and provide assistance to us if requested, without any cost, to defend any such claims.

GOVERNING LAW AND JURISDICTION

You expressly waive your right to bring any legal claims, now or in the future arising out of or related to the Website and our products/Services. In the event of any dispute, claim or controversy arising out of or relating to your use of this Website or our Services provided, the Terms of Use and Privacy Policy, including non-contractual disputes or claims, shall be construed in accordance with the rules and regulations of the Commonwealth of Massachusetts. You agree to consent and submit to the jurisdiction of the state and federal courts located in Massachusetts without regard to the principles of conflict of law or where the parties are located at the time a dispute arises.

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.

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use, Privacy Policy or the Service shall be instituted exclusively in the federal or state courts, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

LIMITATION ON TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE, PRIVACY POLICY OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

WAIVER AND SEVERABILITY

No waiver of any term or condition shall be effective unless signed by the waiving party.  If any provision of these Terms of Use is deemed by a court, regulatory authority or other public or private tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

ENTIRE AGREEMENT

These Terms of Use along with our Privacy Policy and Disclaimers, constitute the sole and entire agreement between you and Wu An Martial Arts LLC with respect to the Service and Website. It supersedes all prior and contemporaneous communications, agreements, representations, proposals, and warranties, both written and oral, with respect to the Service.

CONTACT INFORMATION

For any questions or comments regarding the Terms of Use, please contact us at: