Mastering Krav Maga Online
1) Agreement Acceptance
You hereby agree to the terms and conditions outlined in this Use Agreement (“Agreement”) with respect to the Mastering Krav Maga Online (“MKM” or “Site”). This Agreement constitutes the entire and sole agreement between MKM and you to include the understandings, representations and warranties governing use of this Site including the content, products and/or services provided by or through the Site. This Agreement may be unilaterally amended by MKM from time-to-time without definite notice to you. The Site will post the latest Agreement for your convenient review. This Agreement is effective, upon your clicking the “I agree” box and providing your credit card information for one time annual payment of your selected MKM Program:
A. Kravist 1 — $239.99 for a one year subscription.
B. Kravist 2 — $239.99 for a one year subscription.
C. Kravist 3 — $649.99 for a one year subscription.
By accessing, browsing or using the MKM website, you represent that you have read, understand, and agree to be bound by the terms and conditions of this Agreement.
2) Nature of the Services Provided
MKM is an online educational training service and program facilitating learning Israeli krav maga self-defense online as presented by David Kahn and affiliated instructors.
3) Site Content
The Content includes educational video material and slides representing the various techniques, tactics, strategies and overall approach of the Israeli Krav Maga self-defense system as presented by David Kahn and affiliated instructors.
You represent and warrant that if you are purchase Site access from MKM
(i) any and all credit card/PayPal information that you supply is accurate and complete;
(ii) Any and all costs incurred by you shall be honored by your credit card company/PayPal;
(ii) you shall pay the charges incurred by you at the listed program prices including any applicable taxes.
5) Terminating A Month-to-Month Membership
Should you a choose a month-to-month agreement, you may cancel up until seven days prior to first day of the subsequent sub-sequent month’s billing. For example, you may cancel up until the twenty-first day (21st) day of any month and not be automatically billed for the following month.
6) No Criminal Activities or Prosecuted History
You warrant that you do not partake, support, or have any involvement whatsoever in any criminal activities. You further warrant you have not been prosecuted and convicted for any violent crimes. This clause is incorporated in reference to additional questions found in the User Questionnaire.
7) No Agency
No agency, partnership, joint-venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement
8) Indemnification and Limitation of Liability
You hereby agree to indemnify, defend, and hold harmless MKM (including David Kahn, MKM partners, actors agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, advertisers, product, content and service providers, and affiliates [collectively, “Affiliated Parties”]) from any and all liability, loss, claim and expense, including reasonable attorney’s fees related to your breach of this Agreement or violation use of the Site.
The Site involves and represents that instruction for krav maga self-defense and fitness related physical activities that could result in physical harm and injuries. Specifically, there are risks and dangers associated with participation in krav maga which could result in bodily injury, partial and/or total disability, paralysis and death. There are social and economic losses and/or damages that could result from these risks and dangers described above which could be severe. These risks and dangers may be caused by the action, inaction, or negligence of the participant or the action inaction or negligence of others. There may be other risks not known to MKM at this time
You hereby waive any claim against MKM and Affiliated Parties for any such direct or indirect physical injury and any/all related consequences including any form of emotional trauma attributable to the MKM program or connected to MKM in any way. You agree to indemnify, defend and hold harmless all Affiliated Parties from any liability, loss, claim and expense, including reasonable attorney’s fees, related to such injuries. You forever release MKM and Affiliated Parties from all liability including any all claims that might be brought from your personal representatives, assigns, executors, heirs and next to kin for any and all claims, demands, losses, physical injuries or damages and any participant or damage to property, arising out of or relating to the event(s) caused or alleged to be cause in whole or in part by the participating in the MKM program.
You hereby acknowledge that the activities of the training and other participation can be inherently dangerous and involve the risk of serious injury and/or death and/or property damage. MKM and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from:
(i) your use of the Site;
(ii) the Site’s content;
(iii) the Site’s inaccessibility or interruption or any part of the Site’s components;
(iv) any Site errors or omissions including any direct, indirect, or related services or products obtained therein;
(v) Any Site Member’s (a third party paying customer of the Site) posting, commentary, opinion, content, actions, or inactions.
(vi) any type of physical or emotional harm or injury related to the Site’s use by you.
You further expressly agree that the foregoing release, waiver, and indemnity agreement is intended to be as broad and inclusive as is permitted by the laws of New Jersey or of the state in which the event(s) are conducted and that if any portion is held invalid, it is agreed that the balance, shall, notwithstanding continue in full legal force and effect. You acknowledge having read this release and waiver of liability, assumption of risk and indemnity agreement, fully understand its terms, understand that you have given up substantial rights by electronically acknowledging and accepting it, and have agreed to it freely and voluntarily without any inducement, assurance, or guarantee being made you. You intend that your electronic box acknowledgement signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.
You agree that MKM’s (including MKM affiliated parties) aggregate liability regarding any claim arising out of or relating to use of the Site provided herein or hereby will not exceed seventy-nine U.S. dollars ($79.00). This designated monetary remedy replaces any and all other legal remedies that you may have against MKM.
9) Site Registration Through Completing the User Questionnaire
Registration shall be completed using your legal name and accurate, truthful information. Your registration is for your personal educational use only. You warrant that your registration is not on behalf of any other person, group, or organization. Individual use may include multiple members of the same family using the same Internet Protocol (IP) address (“Address”). MKM strictly prohibits (i) any other person using the site under your name or a pseudonym; or (ii) access through a single name/pseudonym or other login identification shared by multiple users. You shall be responsible for preventing such unauthorized use. Should MKM recognize a willful breach of this Agreement by multiple addresses using the MKM Site, MKM notify you by email and will immediately and unilaterally terminate the Agreement and bar your access immediately. You further agree, through MKM’s proprietary electronic monitoring and point-of-source use tracking, that if an unauthorized third party (other than a computer hack [defined as an unauthorized individual impersonating you]) accesses the site using your registered information, MKM reserves the right to sue your for punitive damages. You understand and agree MKM shall monitor your “Address” when accessing the MKM site. You will be billed for the remainder of the month at the time of termination.
The Site’s content including, but not limited to, its proprietary curriculum, organizational design, digital content, and conceptual layout including all other subjects related to the Site are protected under all applicable copyrights, trademarks, and other proprietary intellectual property rights as applicable. The duplication, copying, redistribution, use or publication by you of any part of the Site is strictly prohibited. You will neither procure nor receive any ownership rights to any content, document, or other materials presented and viewed through the Site. No waiver is created by the Site’s posting of any information or materials regarding such information and materials. If you believe that your work is imitated or duplicated constituting an inadvertent copyright infringement, please contact MKM immediately.
11) Service Marks
The MKM winged-sword logo is a service mark registered individually by David Kahn and licensed to other third parties. The Gidon logo is owned by the Gidon family and used with permission. Other product and company names either directly or indirectly represented on the Site may be trademarks of their respective owners.
12) Grant of Restricted License
Upon receipt of your designated payment, you are granted a non-exclusive, non-transferable, non-assignable, revocable Restricted License. This Restricted License provides for you to:
(i) access and use the Site in strict accordance with this Agreement;
(ii) use of the Site solely for personal, educational, non-commercial legally acceptable purposes; and
(iii) curriculum/instructional print-out information my be made available soley for personal, educational, non-commercial legally sanctioned purposes provided that you honor all copyright, service mark, and other related rules. You agree and acknowledge that no electronic version, print-out, or screen capture of any part of the Site or Site Contents may be used in any litigation or arbitration matter under any circumstances against MKM.
13) Use Prohibitions
Your Restricted License for Site access and Authorized Use regarding all information, materials and documents (collectively herein known as “Site Content”) is subject to the following restrictions and use prohibitions: You may not
(i) duplicate, replicate, copy, republish, display, distribute or in any way transmit all or any portion of the Site Content;
(ii) create compilations or derivative works or use Site Content to create any information, storage and retrieval system, data/information base, or similar resource (in any existing media or subsequently developed), that is offered for commercial distribution of any kind;
(iii) delete or alter any copyright;
(iv) make any Site portion available to third parties through any sharing organization, scheme, or structure such as the Internet (including the “Deep Web”) or any other existing or future communication technologies; You may not sell or modify Site Content, or reproduce, display, publicly perform, distribute or otherwise use Site Content in any way for public or commercial use. You may not copy or adapt the HTML code that MKM creates to generate its pages.
(v) use Site Content in any manner that may infringe any copyrights, trademarks, service marks, or other first or third party applicable intellectual property or proprietary rights;
(vi) use any type of harvest process to gather Site information for transmission including, but not limited to
(a) unsolicited commercial third party email or public messages;
(b) email using subject line, invalid, or nonexistent domain names, or other means of dishonest communication;
(c) unsolicited third party texts, telephone/cellphone calls, or other forms of communication.
(vii) use the Site in any manner that violates any state or federal law regulating advertising, email, facsimile transmissions, telephone or text solicitations;
(viii) export the Site or any portion of the Site in violation of United States export control laws and regulations.
14) Legal Compliance
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and Site Content.
15) Unlawful Acts
MKM may take unilateral action to report any alleged or suspected unlawful activity to law enforcement authorities and regulators. MKM may disclose any and all such information necessary or appropriate for such legally empowered persons or entities relating to your registered information including all the User Questionnaire, email addresses, Site use history and IP address(es) to investigate any criminal wrongdoing. All areas used must be for lawful purposes only. You shall not post any Material on, or transmit any material to, any area or part of the site that: (i) violates or infringes in any way the rights of any third party; (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable; or (iii) encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law. Advertising or commercial solicitation may be posted on or transmitted through MKM only.
16) Third Party Communications
You are responsible for your own communications and for the consequences of their posting. The uploading, posting or otherwise making available in any community areas any Material protected by copyright, trademark or other proprietary right is strictly forbidden unless you are the owner or you have the express permission of the owner of the copyright, trademark or other proprietary right. You shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary right, or any other harm resulting from any uploading, posting or submission. The MKM Site contains links to other web sites, resources and advertisers. The MKM Site is not responsible for the availability or accuracy of any links or other websites, resources and advertisers, nor does it endorse or is it responsible for their contents, advertising, products or other Materials made which they may make available.
17) Site Information/Curriculum
MKM may make available through the Site written teaching materials and aids (“Materials”). These Materials may be provided for a fee. All Materials are provided on a non-exclusive restricted license basis for your personal educational use. The Materials made available to you are designated for non-commercial purposes. The Materials are provided “as is”, “as available”, and with “all faults” and devoid of any
(i) warranties of merchantability and fitness for a particular use or other type of warranty.
(ii) re-licensing, sublicensing, distribution, assignment rights or the transferability of your Restricted License;
(iii) representations or warranties as to suitability of purpose, completeness, accuracy, timeliness and/or appropriateness of educational use or any other legal covenant.
18) Site Disclaimers
The following disclaimers apply to this Agreement:
(i) MKM does not represent or warrant that Site information available will be accurate, timely, or otherwise dependable MKM may make Site content and other changes at any time. MKM reserves the right in its sole discretion to edit or remove any content or other information appearing on the Site,
(ii) MKM does not represent or warrant that the Site will be free of errors, limitations, viruses or other harmful components including malware, or any such defects shall be corrected. All responsibility or liability for any damages caused by viruses contained within the electronic file containing a form or document is disclaimed.
(iii) The educational information, digital, and written content from or through the site are provided “as-is,” “as available,” with “all faults”, and all warranties, express or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose). MKM is not responsible for any damages suffered by you, including, but not limited to, incidental and consequential damages, loss of data or lost profits, whether or not caused by MKM’s own negligence or your negligence, errors or omissions. Use of any information obtained via MKM is at your own risk and MKM does not guarantee the accuracy or security of any such content. No information, whether oral or written obtained by you from MKM shall create any warranty not expressly stated.
(iv) Under no circumstances shall MKM be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external site. MKM and Affiliated Parties shall not liable for any indirect, special, incidental or consequential damages (including damages for business loss including profits, reputation damage, or litigation), based on theories of breach of contract/warranty or tort (physical harm or injury resulting from any alleged negligence. The negation and limitation of damages set forward above and incorporated herein are essential legal components undergirding the Agreement between you and MKM.
(v) Without these legal parameters, boundaries, and limitations, MKM would not make the Site and its content would not be made available or accessible to you. MKM is not bound by any warranty, representation, or guarantee that is not expressly written in this Agreement.
Protecting the users’ privacy is MKM’s top concern. We created this privacy statement to demonstrate our firm commitment to privacy. The following discloses our information gathering and dissemination practices for the MKM Site, masteringkravmaga.com.
You hereby grant MKM, and MKM reserves the right, the use and assignment of all information submitted by you to Site. All information (including, but not limited to, comments, ideas, or any other information communicated by you [herein “Communications”]) to MKM becomes MKM’s property. MKM shall not consider any Communication as confidential. In addition, MKM shall not be liable for any concepts (including but without limitation, services, products, intellectual property or advertising ideas). Furthermore, MKM shall not incur any liability resulting from any similarities that may appear in MKM future services or product offerings or operations.
MKM collects no personally identifying information regarding individuals except when specifically and knowingly provided by the individual user (“you”). Under no circumstances will users’ personal information be given to any third party unless otherwise stated at the time of collection or as required by law. MKM will never share your e-mail address with other third parties without your prior opt-in. When you use the MKM Site, MKM collects your personal information on both: (1) the information that you knowingly release (including both private and public email correspondences) along with (2) your Site use pattern and use duration of each Site visit. MKM does not guaranty it will retain all email correspondences.
MKM uses personal information for purposes of administering and expanding our business activities, providing customer service and making available other products and services to our customers and prospective customers. Occasionally, MKM may also use the information it collects to advise you concerning Site changes, additional services and particular offers that may hold appeal for you. Your personal information (including any demographic information you provide, such as age, etc.) may be used to create personalized content and services on the MKM site only. MKM and third party licensees may use non-personally identifiable profile information to generate aggregate reports and market research. Users should be aware that when they voluntarily disclose personal information (e.g., user name, e-mail address) on the bulletin boards or in the chat/study areas, that information can be collected and used by others and may result in unsolicited messages from other posters or parties.
The MKM Site uses “cookies” in conjunction with Web server logs to collect information about how the Site is used. Information gathered through both cookies and Site server logs cab include the date and time of your Site visits, the subject matter viewed along with the duration of time spent on the MKM Site. It may also include web sites visited prior and subsequent to your use of the MKM Site. Cookies do not allow MKM to gather any personal information about you and MKM does not generally store any personal information that you provided to us in your cookies. In addition, “web beacons” and “clear gifs” may also be utilized to discern those advertisements and promotions users have gravitated to and their respective responses.
MKM will use third party billing entities such as PayPal® to enable financial transactions and other third party companies to allow email exchanges that will have access to your personal information. You hereby consent to use the MKM Site with the understanding that the Site will collect and use your personal information as delineated as above.
20) Binding Arbitration
You agree that any legal disagreement or claim resulting from this Agreement and your use of the MKM Site will result in binding arbitration in accordance with the commercial arbitration rules of JAMS. Arbitration, however, excludes any legal action taken by MKM to collect fees or recover damages for, or obtain any injunction relating to Site processes, MKM’s intellectual property, MKM copyrights and service marks along with MKM’s educational services. All arbitrations shall be instituted and resolved individually. No consolidation of claims from any parties shall be permitted. Arbitration shall be conducted in Mercer County, New Jersey. Judgment on the arbitration award may be entered into any court possessing jurisdiction. To protect your or MKM’s respective rights pending the completion of arbitration, either you or MKM may pursue interim or preliminary relief from a court of competent jurisdiction in Mercer County, New Jersey. Each party shall share fifty percent (50%) of the arbitration JAMS’ costs.
21) Applicable New Jersey Law and Rights
This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey (regardless of conflict of law principles). You must institute any cause of action within twelve (12) months of an event or grievance or be waived and barred forever from doing so. Any part of this Agreement that may be held invalid or unenforceable shall be construed consistent with applicable New Jersey law. The Agreement’s remaining portions shall remain in full force and effect. This Agreement shall assume precedence over anything associated with the Site that may be interpreted or construed as inconsistent with this Agreement. Any failure by MKM this Agreement in whole or in part shall not be deemed a waiver of future enforcement. MKM’s rights as delineated in this Agreement shall survive the Agreement’s termination.