Unified Gong-Fu

Terms of Service

Last Amended: July 29, 2022

 

This Unified Gong-Fu Terms of Service (this “Terms of Service” or “Agreement”) govern the use of the mobile and internet-based services provided by Unified Gong-Fu, (“Unified Gong-Fu,” “we” or “us”) at and through the website www.unifiedgongfu.com (collectively, the “Services” or the “Platform”). The Terms of Service include all exhibits or policies referenced in the Terms of Service.

 

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THIS IS A LEGAL AGREEMENT BETWEEN UNIFIED GONG-FU AND YOU, WHICH GOVERNS YOUR USE OF THE SERVICES. YOUR USE OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO ALL OF THE TERMS AND CONDITIONS IN THESE TERMS OF SERVICE AND YOUR REPRESENTATION THAT YOU ARE AN INDIVIDUAL WHO CAN FORM LEGALLY BINDING CONTRACTS UNDER APPLICABLE LAW. WITHOUT LIMITING THE FOREGOING, THE SERVICES ARE NOT AVAILABLE TO CHILDREN (PERSONS UNDER THE AGE OF 18) OR USERS WHO HAVE HAD THEIR USER ACCOUNT TEMPORARILY OR PERMANENTLY DEACTIVATED. BY BECOMING A USER, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ENTER INTO AND ABIDE BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU OBJECT TO ANYTHING IN THESE TERMS OF SERVICE, YOU ARE NOT PERMITTED TO USE THE SERVICES.

 

PART 1: About the Platform

The Platform provides a school for clients (“Clients” or “you”) seeking martial arts instructional services. The Clients are users of the school and are hereinafter referred to as “Users”.

Unified Gong-Fu does not routinely screen Users, inquire into the background of Users or attempt to verify information provided by any User.

 

PART 2: Client’s Payment for Unified Gong-Fu Services

You, the Client, will be presented with the option to pay online for the Service. When you select the “Pay Now” option, then Unified Gong-Fu will immediately charge the amount to your credit, debit card, Google Pay, Apple Pay, Square Up, PayPal, or any other payment method chosen by you.

In connection with using the Platform to receive Services, you are required to enter payment information. By entering your payment information when requested, you authorize Unified Gong-Fu and its third-party payment processors (the “Payment Processors”) to charge and process your payments.

While Unified Gong-Fu takes what we believe to be reasonable efforts to ensure secure transmission of your information to the Payment Processors, Unified Gong-Fu is not responsible for any fees or charges assessed by the Payment Processors or any errors in the processing of payments by third parties, including any errors that result from third-party negligence, improper transmission of payment information, your mistaken submission of payment information, or your submission of erroneous payment information.

Unified Gong-Fu has no obligation to provide refunds or credits, but may grant them in extenuating circumstances, or to correct any errors made by Unified Gong-Fu, in each case in Unified Gong-Fu’ sole discretion.

 

PART 3: Payment Processing Services

Unified Gong-Fu may change Payment Processors in its sole discretion at any time and without notice.

By providing any payment information through the Platform, you represent, warrant, and covenant that: (1) you are legally authorized to provide such information to us; (2) you are legally authorized to perform payments from the debit or credit card account(s); and (3) such action does not violate the terms and conditions applicable to your use of such payment method account(s) or applicable law.

When you authorize a payment method account via the Platform, you represent, warrant, and covenant that there are sufficient funds or credit available to complete a payment using such payment method.

You may only use the Platform to pay the full amount of the bill; no split checks or partial payments are permitted. You are responsible for timely payment of all amounts owed by you to us.

Payment Processors have their own acceptance policies and procedures and Unified Gong-Fu has no control over the Payment Processors. Unified Gong-Fu will facilitate your application with the Payment Processor via the Platform. Your approval or rejection is solely subject to Payment Processors’ discretion.  

 

PART 4: Processing Errors

We will use reasonable attempts to fix processing errors. Your failure to notify Unified Gong-Fu of a processing error within thirty (30) days of when it first appears on your electronic transaction history may be deemed a waiver of any right to amounts owed to you.

 

PART 5:  Unified Gong-Fu Accounts

By creating an account on the Platform (an “Account”), you are granted a limited, personal, non-transferable, non-sub licensable, non-exclusive, and revocable right to use the Platform subject to the restrictions set forth in these Terms of Service. In registering for an Account, you agree to provide true, accurate, current and complete information about yourself (“Registration Data”). You further agree that, in providing such Registration Data, you will not knowingly omit or misrepresent any material facts or information and that you will promptly enter corrected or updated Registration Data via the Platform, or otherwise advise us promptly in writing of any changes or updates to your Registration Data. You further consent and authorize us to verify your Registration Data as required for your use of and access to the Platform. We reserve the right to suspend or terminate the Account of anyone who provides inaccurate, untrue, or incomplete information, or who fails to comply with the account registration requirements.

You agree to maintain your Account solely for your own use. You agree that you will not allow another person to use your Account IDs to access or use the Platform under any circumstances. You are solely and entirely responsible for maintaining the confidentiality of your Account credentials and for any charges, damages, liabilities or losses incurred as a result of your failure to do so. We are not liable for any harm caused by or related to the theft of your Account credentials, your disclosure of your Account credentials, or your authorization to allow another person to access or use the Platform using your Account credentials. Furthermore, you are solely and entirely responsible for any and all activities that occur under your Account, including any charges incurred relating to the Platform. You agree to immediately notify us of any unauthorized use of your Account or any other breach of security known to you. You acknowledge that the complete privacy of your data and messages transmitted while using the Platform cannot be guaranteed.

We reserve the right but are not under obligation to verify the Accounts, including, without limitation, verifying the identity, location, payment methods, and email addresses, during the registration of the Account or from time to time thereafter. You agree to supply to us the requested information to keep your Account active. We reserve the right to temporarily suspend your Account during the verification process and terminate the Account if the verification fails.

The Platform may contain links to third party websites that are not owned or controlled by Unified Gong-Fu. Unified Gong-Fu has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, Unified Gong-Fu will not and cannot censor or edit the content of any third-party sites. BY USING THE PLATFORM, YOU EXPRESSLY RELIEVE UNIFIED GONG-FU FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE.

 

PART 6: Termination of Account

Unified Gong-Fu reserves the right, in its sole discretion, to terminate your Account if you violate these Terms of Service or for any reason or no reason at any time. We may also suspend your access to your Account (including the funds in your Account), the Platform and the Services if you: (i) have violated the terms of this Agreement, any other agreement you have with Unified Gong-Fu, Unified Gong-Fu’ policies, or any applicable laws, (ii) provide any false, incomplete, inaccurate, or misleading information or otherwise engage in dishonest, fraudulent or illegal conduct, or (iii) use of abusive, insulting or unprofessional language.

If your Account is terminated or suspended for any reason or no reason, you agree: (i) to continue to be bound by this Agreement, (ii) to immediately stop using the Platform, (iii) that the license provided under this Agreement shall end immediately, (iv) that we reserve the right (but have no obligation) to delete all of your information and Account data stored on our servers, and (v) that Unified Gong-Fu shall not be liable to you or any third party for termination or suspension of access to the Platform or for deletion of your information or Account data.

Unified Gong-Fu will not be liable to you for compensation, reimbursement, or damages in connection with your use of the Platform, or in connection with any termination or suspension of the Platform. Any termination of this Agreement does not relieve you of any obligations to pay any refunds, charges, cancelations fees or other fees or costs accrued prior to the termination and any other amounts owed under this Agreement.

Unified Gong-Fu is not liable for any losses relating to fraudulent charges, or other actions by any User that are deceptive, fraudulent or otherwise invalid (“Fraudulent Actions”). By using the Platform, you hereby release Unified Gong-Fu from any liability arising from Fraudulent Actions. You will also use best efforts to promptly notify Unified Gong-Fu of any Fraudulent Actions, which may affect the Platform. Unified Gong-Fu reserves the right, in its sole discretion, to terminate the Account of any User that engages in, or enables any other User to engage in, Fraudulent Actions.

 

PART 7: Unified Gong-Fu Communications

By agreeing to receive commercial communication, you expressly consent and agree to accept and receive communications from us via e-mail, including advertisements. By consenting to being contacted by Unified Gong-Fu, you understand and agree that you may receive communications concerning your Accounts or use of the Platform, updates concerning new and existing features on the Platform, communications concerning promotions run by us or our third-party partners, and news concerning Unified Gong-Fu and industry developments.

 

PART 8: Service Use and Limitations and Changes to the Services

We may change, modify, suspend, or discontinue all or any part of the Services at any time, with or without reason. You acknowledge that the operation of the Services may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and Unified Gong-Fu shall not be responsible to you or others for any such interruptions, errors or problems or an outright discontinuance of the Services. Unified Gong-Fu has no obligation to maintain or update the Services or to continue producing or releasing new versions of the Services.

We will make reasonable efforts to keep the Services operational 24 hours a day / 7 days a week, except for: (i) planned downtime (of which we will endeavour to provide at least 8 hours prior notice); or (ii) any unavailability caused by circumstances beyond our control, including but not limited to, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labour problems or Internet service provider failures or delays.

You must not sell or transfer, or offer to sell or transfer, any Account to any third party without the prior written approval of Unified Gong-Fu.

You must not violate, circumvent or attempt to violate or circumvent any data security measures employed by Unified Gong-Fu; access or attempt to access data or materials which are not intended for your use; log into, or attempt to log into, a server or account which you are not authorized to access; attempt to scan or test the vulnerability of Unified Gong-Fu’ servers, system or network or attempt to breach Unified Gong-Fu’ data security or authentication procedures; attempt to interfere with the Platform by any means including, without limitation, hacking servers or systems, submitting a virus, overloading, mail-bombing or crashing. Without limitation to any other rights or remedies of Unified Gong-Fu under these Terms of Service, Unified Gong-Fu reserves the right to investigate any situation that appears to involve any of the above, and may report such matters to, and cooperate with, appropriate law enforcement authorities in prosecuting any users who have participated in any such violations.

 

PART 9: Proprietary Rights

The Platform contains content and technology of Unified Gong-Fu that is protected by copyright, trademark, patent, trade secret and other laws. Unified Gong-Fu owns intellectual property rights to any protectable part of the Platform, including but not limited to the design, artwork, logos, functionality, and documentation (collectively, the “Property”). You may not copy, modify, or reverse engineer any part of the Platform or the Property.

Unified Gong-Fu reserves the right to remove any Content from the Platform, at its sole discretion.

 

PART 10: Disclaimers

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. UNIFIED GONG-FU AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

UNIFIED GONG-FU MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (II) THAT YOUR ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, (III) THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED, OR (IV) THAT THE SERVICES OR ANY SERVER THROUGH WHICH YOU ACCESS THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, TABLETS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM UNIFIED GONG-FU OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

 

PART 11: Limitation of Liability and Release

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL UNIFIED GONG-FU OR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR BODILY INJURY OR EMOTIONAL DISTRESS AND DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF UNIFIED GONG-FU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) SERVICES FACILITATED BY THE SERVICES OR ANY INTERACTIONS BETWEEN USERS, INCLUDING, WITHOUT LIMITATION, ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY) OR ANY DISPUTE WITH ANY USER; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (IV) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF THE SERVICES OR YOUR DATA OR TRANSMISSIONS; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES.

 

As with all training related content, you should get your doctor’s approval before beginning. The author advises everyone to take full responsibility for their safety and know their limits. This site is for information purposes only. All forms of exercise and exercise programs pose some inherent risks and all exercises inherit some risks of physical injury. By participating in this site, you agree to do so at your own risk and assume all risk of injury to yourself, and discharge UNIFIED GONG-FU OR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS, from all claims and causes of action that would be related to Unified Gong-Fu. 

 

PART 12: Indemnification

You agree to defend, indemnify and hold harmless Unified Gong-Fu and its affiliates, officers, directors, employees, agents, partners and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney’s fees) arising from or relating to: (i) your use of and access to the Services; (ii) Martial Arts Services facilitated by the Services or any interaction between you and another User; (iii) your violation of any term of these Terms of Service; (iv) your violation of any rights of a third party, including without limitation any copyright, intellectual property, trade secret or privacy right; or (v) any third-party claims or damages relating to death, personal injury or emotional distress arising from or related to use of the Services or Martial Arts Services. This defence and indemnification obligations will survive the termination of this Agreement and your use of the Services.

 

PART 13: Security

We have implemented technical and organizational measures designed to secure your personal data from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal data for improper purposes.

 

PART 14: Miscellaneous; Changes

These Terms of Service and all referenced exhibits or policies, constitute the entire agreement between you and Unified Gong-Fu concerning the subject matter herein and the use of the Services and supersede any and all previous agreements, written or oral, between you and Unified Gong-Fu, including previous versions of these Terms of Service.

Unified Gong-Fu reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of these Terms of Service and all referenced exhibits or policies. Unified Gong-Fu will endeavour to notify you of any material changes by email, but will not be liable for any failure to do so. If any future changes to these Terms of Service are unacceptable to you or cause you to no longer be in compliance with these Terms of Service, you must terminate and immediately stop using the Platform. Your continued use of the Platform following any revision to these Terms of Service constitutes your complete and irrevocable acceptance of any and all such changes.

Unified Gong-Fu may assign these Terms of Service or any other agreement with you in whole or part at any time.

These Terms of Service and the relationship between you and Unified Gong-Fu shall be governed by the laws of Israel, without regard to its conflict of law provisions. You and Unified Gong-Fu agree to submit to the personal and exclusive jurisdiction of the courts located within Haifa district, Israel.

Any failure of Unified Gong-Fu to enforce or exercise a right provided in these Terms of Service is not a waiver of that right. Should any provision of these Terms of Service be found invalid or unenforceable, the remaining terms shall still apply.

You and Unified Gong-Fu both agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms of Service must be led within ONE (1) YEAR after such claim or cause of action arose or be forever barred.

 

Part 15: Contact Us

Email address: unifiedgongfu@gmail.com

END.