Terms and Conditions of Use Agreement
PLEASE READ THE
TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. We maintain this web site as a
service to our customers, and by using our site you are agreeing to comply with
and be bound by the following terms of use. Please review the following terms
and conditions carefully, and check them periodically for changes. If you do
not agree to the terms and conditions, you should not review information or
obtain goods, services or products from this site.
PLEASE NOTE: YOU
MUST BE 18 YEARS OLD OR OLDER IN ORDER TO PARTICIPATE ON OUR SITE.
- Acceptance of Agreement. You agree to the terms and
conditions outlined in this Terms and Conditions of use Agreement
("Agreement") with respect to our site (the "Site").
This Agreement constitutes the entire and only agreement between you, and
us and supersedes all prior or contemporaneous agreements,
representations, warranties and understandings with respect to the Site,
the content, products or services provided by or through the Site, and the
subject matter of this Agreement. We may amend this Agreement at any time
and from time to time without specific notice to you. The latest Agreement
will be posted on the Site, and you should review this Agreement prior to
using the Site.
- Copyright. The content, organization,
graphics, design, compilation, magnetic translation, digital conversion
and other matters related to the Site are protected under applicable
copyrights, trademarks, registered trademarks and other proprietary
(including but not limited to intellectual property) rights. The copying,
redistribution, use or publication by you of any such matters or any part
of the Site, except as allowed by Section 4, is strictly prohibited. You
do not acquire ownership rights to any content, document or other
materials viewed through the Site. The posting of information or materials
on the Site does not constitute a waiver of any right in such information
and materials.
- Fraud: By becoming a member, you confirm
that the information provided in this form is true and that you agree to
abide by the Terms and Conditions of use of this site. Please note that
your membership can be cancelled without notice if it is determined that
false or misleading information has been provided, the Terms and
Conditions of use have been violated, or other abuses have occurred as
determined by Kyokushin UK Ltd. in its sole discretion. If membership
has been revoked, Kyokushin UK Ltd. reserves the right to refuse
application or readmission to the membership program.
- Limited Right to Use: The viewing, printing or
downloading of any content, graphic, form or document from the Site grants
you only a limited, nonexclusive license for use solely by you for your
own personal use and not for republication, distribution, assignment,
sublicense, sale, preparation of derivative works or other use. No part of
any content, form or document may be reproduced in any form or
incorporated into any information retrieval system, electronic or
mechanical, other than for your personal use (but not for resale or
redistribution).
- Editing: Deleting and Modification. We reserve the right in
our sole discretion to edit or delete any documents, information or other
content appearing on the Site, including this Agreement, without further
notice to users of the Site.
- Indemnification: You agree to indemnify,
defend and hold us and our partners, attorneys, staff and affiliates
(collectively, "Affiliated Parties") harmless from any
liability, loss, claim and expense, including reasonable attorney's fees,
related to your violation of this Agreement or use of the Site.
- Nontransferable: Your right to use the Site
is not transferable. Any password or right given to you to obtain
information or documents are not transferable and may only be used by you.
- Disclaimer: THE INFORMATION FROM OR
THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE,"
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). THE INFORMATION AND SERVICES MAY
CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED
PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR
SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE AND OUR AFFILIATED
PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF
PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT,
BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR
OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE
NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS
OF THE BARGAIN BETWEEN US. THIS SITE AND THE INFORMATION WOULD NOT BE
PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL
OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY
WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS
AGREEMENT.
- Limits: All responsibility or liability for
any damages caused by viruses contained within the electronic file
containing the form or document is disclaimed. WE WILL NOT BE LIABLE TO
YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT
MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. Our maximum liability
to you under all circumstances will be equal to the purchase price you pay
for any goods, services or information.
- Use of Information: We reserve the right, and
you authorize us, to the use and assignment of all information regarding
Site uses by you and all information provided by you in any manner
consistent with our Privacy Policy.
- Third-Party Services: We allow access to or
advertise third-party merchant sites ("Merchants") from which
you may purchase or otherwise obtain certain goods or services. You
understand that we do not operate or control the products or services
offered by Merchants. Merchants are responsible for all aspects of order
processing, fulfillment, billing and customer service. We are not a party
to the transactions entered into between you and Merchants. YOU AGREE THAT
USE OF SUCH MERCHANTS IS AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF
ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF
TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT UNDER NO
CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS
BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT
SITES OR ANY OTHER SITE LINKED TO OUR SITE.
- Third-Party Merchant Policies: All rules, policies
(including privacy policies) and operating procedures of Merchants will
apply to you while on such sites. We are not responsible for information
provided by you to Merchants. We and the Merchants are independent
contractors and neither party has authority to make any representations or
commitments on behalf of the other.
- Privacy Policy: Our Privacy Policy, as it
may change from time to time, is a part of this Agreement.
- Payments: You represent and warrant
that if you are purchasing something from us or from our Merchants that
(i) any credit card information you supply is true, correct and complete,
(i) charges incurred by you will be honored by your credit card company,
and (iii) you will pay the charges incurred by you at the posted prices,
including any shipping fees and applicable taxes.
- Securities Laws: This Site may include
statements concerning our operations, prospects, strategies, financial
condition, future economic performance and demand for our products or
services, as well as our intentions, plans and objectives that are
forward-looking statements. These statements are based upon a number of
assumptions and estimates, which are subject to significant uncertainties,
many of which are beyond our control. When used on our Site, words like
"anticipates," "expects," "believes,"
"estimates," "seeks," "plans,"
"intends" and similar expressions are intended to identify
forward-looking statements designed to fall within securities law safe
harbors for forward-looking statements. The Site and the information
contained herein do not constitute an offer or a solicitation of an offer
for sale of any securities. None of the information contained herein is
intended to be, and shall not be deemed to be, incorporated into any of our
securities-related filings or documents.
- Links to Other Web Sites: The Site contains links to
other Web sites. We are not responsible for the content, accuracy or
opinions express in such Web sites, and such Web sites are not
investigated, monitored or checked for accuracy or completeness by us.
Inclusion of any linked Web site on our Site does not imply approval or
endorsement of the linked Web site by us. If you decide to leave our Site
and access these third-party sites, you do so at your own risk.
- Submissions: All suggestions, ideas,
notes, concepts and other information you may from time to time send to us
(collectively, "Submissions") shall be deemed and shall remain
our sole property and shall not be subject to any obligation of confidence
on our part. Without limiting the foregoing, we shall be deemed to own all
known and hereafter existing rights of every kind and nature regarding the
Submissions and shall be entitled to unrestricted use of the Submissions
for any purpose, without compensation to the provider of the Submissions.
- Return Policy: Due to the nature of our
online site, and the products listed, we Kyokushin UK Ltd. Generally have a strict NO RETURN policy for any product
– except for exceptional circumstances. No product shall be able to be
returned for a like item, or for a cash refund.
- Venue: Applicable Law. You agree that all actions
or proceedings arising directly or indirectly out of this agreement, or
your use of the site or any samples or products obtained by you through
such use, shall be litigated in the courts of United Kingdom. You are
expressly submitting and consenting in advance to such jurisdiction in any
action or proceeding in any of such courts. This site is created and
controlled by Kyokushin UK ltd., a wholly owned company of Steve Arneil
and William Keaveney of the UK and as such, the laws of the UK will govern
the terms and conditions contained in this agreement and elsewhere
throughout the site, without giving effect to any principles of conflicts
of laws.
- Verify Members' Address: Kyokushin UK Ltd. reserves the right to contact a
Member via email to verify the accuracy of account information (including
the Member's correct name and address) that is needed to provide the
Member with the information he or she requested from Kyokushin UK Ltd..

