Terms of Service

TERMS OF SERVICE

THIS LEGAL AGREEMENT BETWEEN YOU AND MARTIAL ARTS ACADEMY ONLINE (“MAAO”) GOVERNS YOUR USE OF THE MARTIAL ARTS ACADEMY ONLINE.

MARTIAL ARTS ACADEMY ONLINE
MAAO permits you to purchase and stream digital content (“MAAO Products”) for end user use only under the terms and conditions set forth in this Agreement.

DISCLAIMER OF LIABILITY
i. You warrant and represent that you are in good physical condition and have no medical reason or impairment that might prevent you from your intended use of the MAAO or that might be detrimental to your health, safety, comfort or physical condition. You confirm that MAAO did not give you any medical advice before you joined and understand that MAAO cannot at any time give you any advice relating to your physical condition and/or ability to use services offered by the MAAO. If you have any health or medical concerns now or after joining, you should consult with your physician prior to using the MAAO. You agree that it is your personal responsibility to ensure that you are in a healthy and physically fit condition before commencing any exercise routine and you shall ensure that you conduct such exercise routine in a safe and careful manner.

ii. Participation in the activities and the use of the services offered by MAAO naturally involves the risk of injury to you or your guest(s), whether caused by you or someone else. Specific risks vary from one activity to another and the risks range from minor injuries to major injuries, such as catastrophic injuries including death. In consideration of your participation in the activities and use of services offered by MAAO, you understand and voluntarily accept this risk and agree that MAAO, its related corporations and each of their officers, directors, employees, students, volunteers, agents and independent contractors will not be liable for any death or injury, including without limitation, personal, bodily, or mental injury, economic loss, indirect, special, incidental or consequential damages or any other damage, to you or your spouse, guests or unborn child arising out of, or in connection with you or their (as the case may be) use of any MAAO services, whether related to exercise or not. Your guests agree to abide by the Rules and Guidelines and to be bound by the same limitations of liability that apply to you as a member.

iii. You agree to indemnify and hold harmless MAAO, its related corporations and each of their officers, directors, employees, volunteers and independent contractors (each an “Indemnified Person”) against any losses, damages, liabilities, claims, costs and expenses (including legal fees and expenses on a full indemnify basis) that are: (a) brought against or incurred by such Indemnified Person for any injuries or claims mentioned in clause 2 above; and/or (b) incurred by such Indemnified Person arising from any claim made against an Indemnified Person by another member, arising as a result of or in connection with any act, omission, negligence or default by you or your guest{s).

iv. MAAO is not liable to you or your guests for any personal property that is damaged, lost or stolen while using the services offered by MAAO.

REQUIREMENTS FOR USE OF THE MARTIAL ARTS ACADEMY ONLINE
The MAAO is available for individuals aged 16 years or older. If you are 16 or older but under the age of 21, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it. Use of the MAAO requires compatible devices, Internet access, and certain software (fees may apply); may require periodic updates; and may be affected by the performance of these factors. High-speed Internet access is strongly recommended for regular use and is required for video. The latest version of required software is recommended to access the MAAO and may be required for certain transactions or features. You agree that meeting these requirements, which may change from time to time, is your responsibility. The MAAO is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the MAAO.

YOUR ACCOUNT
As a registered user of the MAAO, you may establish an account (“Account”). Don’t reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify MAAO of any security breach of your Account. MAAO shall not be responsible for any losses arising out of the unauthorized use of your Account.

In order to purchase and use the MAAO, you must enter your Student ID and password to authenticate your Account. Once you have authenticated your Account, you will not need to authenticate again for one hour. During this time, you will be able to use the MAAO without re-entering your password. You agree to provide accurate and complete information when you register with, and as you use, the MAAO (“MAAO Registration Data”), and you agree to update your MAAO Registration Data to keep it accurate and complete. You agree that MAAO may store and use the MAAO Registration Data you provide for use in maintaining and billing fees to your Account.

SUBSCRIPTION
A fixed-term subscription consists of “monthly tuition” and “12 month annual prepaid tuition”. The 12 month annual prepaid tuition is paid in full at enrolment before the subscription begins. Subsequent payments of the monthly tuition are made and must be settled by Autopay. The term of your subscription is set and you may not terminate a fixed-term subscription before the “Subscription End Date”. You shall enjoy the use of the MAAO for the duration of the term. MAAO reserves the right to increase your monthly dues and such increase in your monthly dues shall be valid and effective upon written notice to you. At the end of the term, your subscription will be automatically renewed for a further term of equal duration to the initial fixed-term and will be successively renewed in such manner, until you have given MAAO written notice to terminate in accordance with the clause below. The “Subscription End Date” will be deemed to be extended for the relevant duration upon each successive renewal.

Your subscription will be charged and billed in U.S. dollars.

Monthly Autopay payments will be made on the same day every month from the original start date onwards as an MAAO user. All monthly tuition or periodic fees and dues will be charged and will be immediately payable in advance of the month or period to which the payments relate, without set-off or deduction whatsoever (legal or equitable or otherwise). If you fail to pay your fees or dues on the due date, MAAO reserves the right to decline your access to MAAO until such outstanding payment is received.

If you wish to terminate your subscription, you must submit a cancelation before the “Subscription End Date” indicated in the “Subscription Details” section above, in writing via contact us page, and your subscription will not be automatically renewed. Termination may not take place before the expiry of the “Subscription End Date”. Premature termination and termination of a subscription that has been suspended at your request shall be subject to full monthly dues for the remaining period or suspension period (as the case may be).

(i) MAAO reserves the right to terminate your subscription if you are in breach of this Agreement, the Terms and Conditions or the Rules and Guidelines. No refund in respect of fees or dues will be paid in the event of such termination.

(ii) MAAO reserves the right at any time to terminate your subscription for any reason not stated in sub-paragraph (i) above provided always that such reason does not contravene international laws and regulations. If MAAO does so terminate your subscription, it will send or deliver a termination notice to you and refund any unused fees or dues.

(iii) MAAO reserves the right, at its sole and absolute discretion, to terminate all agreements with you, including this Agreement, if you terminate any related or ancillary agreements, such as misuse of the MAAO.

(iv) Upon cancellation or termination of your subscription and after any required notice period, your right to use the MAAO henceforth ceases and you may be denied access to the MAAO and any or all MAAO courses. Unless expressly provided otherwise in this Agreement, you shall have no claim for any refund of your initiation fee, subscription dues or fees paid for MAAO. If you owe MAAO any amounts of money when your subscription ends, such outstanding amounts shall be deemed to be and are recoverable as a debt, and MAAO is entitled to deduct or offset any amounts from any refund you might otherwise be entitled to for the purposes of satisfying such debt. If the refund is not enough to satisfy the debt, you remain liable to pay MAAO the outstanding balance. If your subscription terminates or expires for any reason and you want to rejoin, you shall be required to buy a new subscription at the then prevailing subscription rates.

CONTENT AVAILABILITY
Evolve reserves the right to change content options (including eligibility for particular features) without notice. For further information in specific content within the MAAO, please contact us.

USE OF MAAO AND ITS CONTENT
You agree that the MAAO include security technology that limits your use of the MAAO, whether or not the MAAO is limited by security technology, you shall use the MAAO in compliance with the applicable usage rules established by MAAO (“Usage Rules”), and that any other use of the MAAO may constitute a copyright infringement. Any security technology is an inseparable part of the MAAO. MAAO reserves the right to modify the Usage Rules at any time. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to such Usage Rules for any reason—or to attempt or assist another person to do so. Usage Rules may be controlled and monitored by MAAO for compliance purposes, and MAAO reserves the right to enforce the Usage Rules without notice to you. You agree not to access the MAAO by any means other than through software that is provided by MAAO for accessing the MAAO. You shall not access or attempt to access an Account that you are not authorized to access. You agree not to modify the software in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorized access to the MAAO. Violations of system or network security may result in civil or criminal liability.

USAGE RULES
(i) You shall be authorized to use the MAAO only for personal, noncommercial use.

(ii) You may not copy, store, tone, burn or distribute any MAAO Products and Services for personal, noncommercial or commercial use.

(iii) Video streaming is viewable on only one device at a time, via a desktop or a laptop. You must be connected to the MAAO to access video streaming. The delivery of the MAAO content does not transfer to you any commercial or promotional use rights in the MAAO. Any burning or exporting capabilities are solely an accommodation to you and shall not constitute a grant, waiver, or other limitation of any rights of the copyright owners in any content embodied in any MAAO content. You acknowledge that, because some aspects of the MAAO and administration of the Usage Rules entails the ongoing involvement of MAAO, if MAAO changes any part of or discontinues the MAAO Service, which MAAO may do at its election, you may not be able to use the MAAO to the same extent as prior to such change or discontinuation, and that MAAO shall have no liability to you in such case.

INTELLECTUAL PROPERTY
You agree that the MAAO, including but not limited to MAAO  contents, products, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the MAAO, contains proprietary information and material that is owned by MAAO, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the MAAO in compliance with this Agreement. No portion of the MAAO may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the MAAO in any manner, and you shall not exploit the MAAO in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity. Notwithstanding any other provision of this Agreement, MAAO reserves the right to change, suspend, remove, or disable access to any MAAO content, or other materials comprising a part of the MAAO at any time without notice. In no event will MAAO be liable for making these changes. MAAO may also impose limits on the use of or access to certain features or portions of the MAAO, in any case and without notice or liability. All copyrights in and to the MAAO (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) and related software are owned by MAAO, who reserves all their rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF THE MAAO SERVICE, EXCEPT FOR USE OF THE MAAO SERVICE AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT. MAAO, the MAAO logo, and other MAAO trademarks, service marks, graphics, and logos used in connection with the MAAO are trademarks or registered trademarks of Martial Arts Academy Online LLC. in the USA and/or other countries. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.

Subscriptions and Billing

Subscriptions. While we may offer Content from time to time for free, we charge a fee to access the Services. The Services may include different Content offerings and features, with different benefits, conditions, and limitations. You can find the specific details regarding your subscription at any time by logging in on your Paypal and viewing your account details. Because the Services are offered in multiple time zones, for consistency, a “day” for purposes of these Terms begins at 12:00 a.m. Eastern Time and ends at 11:59 p.m. Eastern Time of that same calendar day.

Billing. By providing a credit card or other payment method accepted by MAAO (“Payment Method”) for your subscription, you are expressly agreeing that we are authorized to charge you a periodic subscription fee on a recurring basis corresponding to the term of your subscription, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of your subscription to the Payment Method. If you want to use a different Payment Method than the one you signed up to use during registration, or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by logging in on PayPal account and viewing your account details. When you provide a Payment Method to access a subscription, including in connection with a free trial offer, our system will attempt to verify the information you entered. We do this by processing an authorization hold, which is a standard practice. We do not charge you in connection with this authorization hold. If your Payment Method expires and you do not edit your Payment Method information or cancel your account, you authorize us to continue billing, and you will remain responsible for any uncollected amounts.

As used in these Terms, “billing” shall indicate either a charge or debit, as applicable, against your Payment Method. The subscription fee will be billed at the beginning of your subscription or expiration of your free trial period, if any, whichever is earlier, and on each periodic renewal date thereafter unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued pursuant to these Terms. To see the commencement date for your next renewal period, log in on the PayPal Site and view your account details.

We automatically bill your Payment Method on the calendar day corresponding to commencement of your subscription. For subscribers whose subscription starts with a free trial, billing will commence upon the expiration of the free trial. The interval of time between each payment due date shall correspond to the term of your subscription and be referred to herein as a “Billing Period.” In the event your subscription began on a day not contained in a given month, we bill your Payment Method on the last day of such month. For example, if you have a monthly subscription and became a paying subscriber on January 31, your Payment Method would next be billed on February 28. You acknowledge that the timing of when you are billed and the amount billed each Billing Period may vary, including for example due to free trials and other promotional offers, gift card redemptions, credits applied, changes in your subscription, changes in your Payment Method, and changes in applicable taxes, and you authorize us to charge your Payment Method for the corresponding amounts.

If we offer you a promotion (e.g., a promotional price) for your subscription, the specific terms of the promotion will be disclosed during your sign-up or in other materials provided to you describing the particular promotion. In the case of promotional pricing, after your promotion ends, we will begin billing your Payment Method for your subscription at the regular price after your promotion ends unless you cancel prior to the end of your promotion or unless otherwise disclosed in communications made available to you.

MAAO reserves the right to change the terms of your subscription, including price, from time to time, effective as of the beginning of your next Billing Period following the date of the change. If MAAO changes the subscription fee or other charges for your subscription, we will give you advance notice of these changes. However, we will not be able to notify you of changes in any applicable taxes.

Ongoing Subscription and Cancellation. Your subscription will continue in effect on a recurring basis corresponding to the term of your subscription unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued pursuant to these Terms. You must cancel your subscription before your next renewal date in order to avoid the next billing. We will bill the periodic subscription fee plus any applicable taxes to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). If you cancel your subscription, cancellation will be effective at the end of the current Billing Period – this means that you will have continued access to your subscription for the remainder of that period, but you will not receive a refund. You will also forfeit any service or referral credits upon cancellation. You can cancel your subscription by logging into your PAYPAL account and following the instructions on your account page on the PayPal Site.

Unpaid Amounts. It is important that each subscriber honor the payment obligations to which the subscriber agreed. Accordingly, we reserve the right to retry billing your Payment Method after failed attempts (e.g., if your Payment Method is rejected). We also reserve the right to pursue any amounts you fail to pay in connection with your subscription. You will remain liable for all such amounts and all costs incurred in connection with the collection of these amounts, including, without limitation, bank overdraft fees, collection agency fees, reasonable attorneys’ fees, and arbitration or court costs.

Free Trials. On occasion, we may be authorized to offer free trials to a particular Service for certain qualifying users. If we offer you a free trial, the specific terms of your free trial will be stated in the material describing the particular free trial or during your sign-up. Certain limitations may exist with respect to combining free trials with any other offers. MAAO reserves the right to determine eligibility for free trials.

Once your free trial period ends, we will begin billing your Payment Method for your periodic subscription fees (plus any applicable taxes), unless you cancel prior to the end of your free trial. For that reason, unless otherwise indicated in the free trial description, you may be asked to set up a valid Payment Method when redeeming a free trial offer. For existing subscribers who accept a free trial to a Service, at the end of the free trial, you may be charged a prorated amount for the Service to cover the period between the date the free trial ends and your next Billing Period begins.

It is very important to understand that you will not receive a notice from MAAO that your free trial has ended and that payment for your subscription is due. If you wish to avoid charges to your Payment Method, you must cancel your subscription prior to midnight Eastern Time on the last day of your free trial period. You may cancel your subscription at any time as described in the “Ongoing Subscription and Cancellation” section of these Terms. We will continue to bill your Payment Method for your subscription on a recurring basis corresponding to the term of your subscription until you cancel or the account or applicable Service is otherwise suspended or discontinued pursuant to these Terms. To the extent subscriptions are offered in conjunction with purchases of, or payment for, third party products or services, you agree that MAAO will not be liable to you for any claims arising out of or related to your purchase or use of such third party products or services. If you cancel your subscription during a free trial or while using a promotional code or other credits, cancellation may be effective immediately.

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