1. Acceptance of Terms
2. Description of Services
Warrior’s Cove® is a martial arts and fitness provider, utilizing on site training services as well as web-based software to deliver martial arts instruction and fitness information. Anyone who takes advantage of the aforementioned training, information, or software in any way, form, or fashion, shall be considered a User for purposes of this Agreement.
3. Conditions of Use
If a User chooses to register or sign up for services through the Site, such User must provide certain personally identifiable information, including but not limited to, name, address, and email address, (collectively “Registration Information”). Providing false Registration Information on the Site constitutes a material breach of this Agreement, to which Warrior’s Cove® may immediately terminate User’s access to the Site.
4. No Endorsement of Content or Businesses
Warrior’s Cove® makes no representations, warranties, or endorsements, express or implied, regarding the quality, accuracy, reliability or condition of any content posted on the Site, regardless of who posted such content or when it was posted or for what purpose it was posted. Testimonials are personal experiences and personal opinions and actual results will vary for Users. Warrior’s Cove® shall have no obligation to review the Site’s content and User understands this. All content provided by Users of the Site is the sole responsibility of the User, not Warrior’s Cove®. User understands that by making any use of the Site whatsoever, User may be exposed to content that is inaccurate, misleading, or content that User may otherwise find objectionable. User hereby agrees that User shall evaluate and assume all risks and liability associated with the use of any content, and that under no circumstances will Warrior’s Cove® or any of its affiliates, be liable for any loss or damage of any kind as a result of the use of any content or service providers posted, emailed or otherwise made available through the Site.
5. Acceptable and Lawful Use of Site
Any Registration Information, computer information, or other information User provides to Warrior’s Cove® in connection with User’s use of the Site: (a) shall not be false, inaccurate, deceptive, deceitful, or misleading; (b) shall not be obscene or indecent; (c) shall not contain any viruses of any kind, Trojan horses, worms, time bombs, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (d) shall not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (e) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing, invasive of another’s privacy, or harm minors in any way; (f) shall not create liability for Warrior’s Cove® ; and (g) shall not include personal or identifying information about another person who does not wish to be included. User’s shall comply will all applicable laws, statutes, ordinances and regulations regarding use of the Site. Warrior’s Cove® reserves the right to report any wrongdoing, if Warrior’s Cove® becomes aware of it, to the applicable government agencies. If User breaches any provision of this paragraph, Warrior’s Cove® may not only immediately terminate User’s access to the Site, but User agrees that Warrior’s Cove® shall bring any and all legal action against User allowed within the law for such tortious conduct.
6. Acceptable and Lawful Use of Training Information or Software
Any use, reproduction, redistribution of any services or products by User, software or otherwise, that are not in accordance with the intended use of the Site, are expressly prohibited by this Agreement, the law, and can result in severe civil and criminal penalties. Warrior’s Cove® may, at its sole discretion, prosecute violators to the maximum extent of the law.
ANY COPYING, DISTRIBUTION, REPRODUCTION, REDISTRIBUTION, OR FURTHER REDISTRIBUTION OF THE SITE OR ANY SOFTWARE PRODUCTS TO ANY OUTSIDE LOCATION, OTHER SERVER, OUTSIDE PARTY, ENTITY, OR PERSON, IS EXPRESSLY PROHIBITED WITHOUT THE EXPRESS WRITTEN CONSENT OF Warrior’s Cove®.
7. License Granted
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended to be created or in fact created by this Agreement between User and Warrior’s Cove®. This Agreement is between the User and Warrior’s Cove® and is not intended to be for the benefit of any third party. If there is a dispute between participants on this Site, or between User and any third party, User understands and agrees that Warrior’s Cove® shall not be under any obligation to become involved. In the event that one User has a dispute with one or more other Users or third parties, both Users hereby expressly and unconditionally release Warrior’s Cove®, Warrior’s Cove®’s officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or services. User shall also fully indemnify Warrior’s Cove®, its officers, employers, agents, successors and the like fully for any claims made by a third party, including claims for costs and attorneys fees.
9. Posting on Warrior’s Cove®
User represents and warrants that User completely owns or otherwise has full lawful rights and control over all of the rights to the content to which User has posted or will post, or use, and such content is of an accurate nature. Warrior’s Cove® reserves the right, but not the obligation, to refuse to post or to remove any content or portions thereof, in any media worldwide if it contains or features any content Warrior’s Cove®, in its sole discretion, deems inappropriate. With respect to content User submits or make available for inclusion on the Site, (“Content”), User grants Warrior’s Cove® a world-wide, royalty-free, perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed. This license means that Warrior’s Cove®, its parent, subsidiary or affiliated companies have the unrestricted, perpetual and exclusive right to use, reproduce, modify, transmit, and distribute any and all materials and communications regarding and including submitted reviews or portions thereof, pictures, video, in any media worldwide.
Warrior’s Cove® utilizes reasonably secure servers to protect Users Registration Information. Users shall not disclose Registration Information to third parties. Users understand that they are fully responsible for all activities which occur under their Registration Information. User agrees to immediately notify Warrior’s Cove® in writing of any unauthorized use of User’s own account.
11. Privacy Statement; Email
12. System Integrity & Copyright
Users shall not use any device, software, or routine to interfere with the proper working of the Site. Users shall not use any method to intercept or expropriate any system data or information from the Site without the express written consent of Warrior’s Cove®. Consent shall not take any action that imposes an unreasonable burden upon the infrastructure used to support the efficient operation of the Site including but not limited to unsolicited email or Spam. Users shall not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without the prior expressed written permission of Warrior’s Cove®. Information on the Site is frequently updated and is proprietary or is licensed to Warrior’s Cove®. Users shall not copy, reproduce, alter, modify, create derivative works, or publicly display any content from the Warrior’s Cove® web site without the prior expressed written permission of Warrior’s Cove® and the appropriate third party.
13. System Outages
Warrior’s Cove® periodically schedules system downtime for maintenance and other purposes. Unplanned system outages also may occur. Warrior’s Cove® shall have no liability whatsoever for the resulting unavailability of the Site or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, mis-delivery, non-delivery of information caused by such system outages, or any third party acts or any other outages of web host providers or the Internet infrastructure and network external to the Site.
14. No Warranty
Warrior’s Cove® provides this web site, training information, and the software products “as is” and without any warranty or condition, express, implied or statutory. Warrior’s Cove® specifically disclaims, and User expressly waives, any implied warranties of title, merchantability, and fitness for a particular purpose, accuracy of informational content and non-infringement. Testimonials are personal experiences and personal opinions and actual results will vary for Users. User assumes total responsibility and risk for use of this site, use of any service providers obtained from this site, the software products, and hyperlinked web sites.
Warrior’s Cove® makes no warranty that the site or training will meet User’s specific requirements or expectations, or that software products or services will be uninterrupted, timely, secure or error free, nor do we make any warranty as to the results that may be obtained from the use of the training, software products or as to the accuracy or reliability of any information obtained through the site or that any defects will be corrected. No advice or information, whether oral or written, obtained by a user from Warrior’s Cove® shall create any warranty not expressly made herein. This disclaimer is made to the fullest extent permitted by law.
16. Acknowledgement, Limitations of Liability, Assumption of Risk
User acknowledges that participating or training in martial arts, fitness, and related activities, is accompanied by the possibility of serious injury or harm. User assumes all risk of harm or injury, known or unknown, foreseeable or unforeseeable, in relation to this Site, the Warrior’s Cove premises, or any activities or training information related to this Site or the Warrior’s Cove®. Warrior’s Cove®, its parent company, shareholders, affiliates, suppliers or their respective authorized representatives shall not be liable for any indirect, consequential, incidental, special, punitive or exemplary damages regardless of such party’s negligence or whether such party knew or should have known of the possibility of such damages.
If any court of competent jurisdiction strikes the above clause down for whatever reason, Warrior’s Cove®’s liability shall still be limited to the fullest extent permitted by law. Users understand and agree that the download and upload of any material through this site is done at User’s discretion and risk and that User’s will be solely responsible for any loss or damage to User’s computer system or loss of data that may result in the download or upload of any material. Warrior’s Cove® neither assumes, nor does it authorize any other person to assume on its behalf, any other liability in connection with the provision of the site and software products. The limitations of liability provided in this Agreement inure to the benefit of Warrior’s Cove®, our parent company, shareholders, affiliates and to all of our respective officers, directors, employees, attorneys and agents and, in each case, liability is limited to the fullest extent permitted by law.
User shall indemnify, defend and hold harmless Warrior’s Cove®, its parent company, shareholders, subsidiaries, affiliates, officers, directors, employees, agents and advisors from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys’ fees and costs) resulting from User’s use of the Site, software products or training information provided by Warrior’s Cove®.
Notices to User and Warrior’s Cove® shall be by email or sent via certified mail, return receipt requested. Email to Warrior’s Cove® shall be sent to info@Warrior’s Cove.com or, if by certified mail, to Warrior’s Cove®, such notice shall be sent to: 1701 Oakland Road, Minnetonka Minnesota, 55305. Email Notices sent to Users within the USA shall be sent to the email address contained in User’s Registration Information. US Mail to User shall be sent to the address User provides. If User fails to provide such an address then Warrior’s Cove® shall not be under an obligation to locate or sent US Mail. User is responsible for keeping User’s Registration Information current. Warrior’s Cove® shall not be responsible for User’s failure to receive notice if User’s Registration Information is incomplete, not current, or otherwise inaccurate. Notice sent by email shall be deemed given twelve (12) hours after email message is sent. Users can modify email addresses and other Registration Information previously provided to us by emailing info@Warrior’sCove.com or, if available, by updating their account information online.
19. Electronic Signatures
Any document or record, including this Agreement, which is transmitted or received by electronic transmission by either party shall be treated in all manner and respects as an original signed document where sufficient indicia of acceptance by the respective party exists. Accessing the Site constitutes acceptance of this Agreement by User.
20. Governing Law and Choice of Forum
This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota, exclusive of its choice of law rules and matters affecting copyrights, trademarks and patents under U.S. federal law. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys’ fees. Any suit relating to this Agreement, the Site or the software products shall be brought exclusively in the courts of Minnesota, the Parties consent to the jurisdiction thereof.
The Site is offered by Warrior’s Cove® with main office currently located at 1701 Oakland Road, Minnetonka MN 55305 and email info@WarriorsCove.com. Questions concerning the Site, the services, or any aspect of this Agreement should be directed to Warrior’s Cove.
Additional Terms for Account Owners
If a User signs up for a paid Warrior’s Cove® subscription or account, that User shall be deemed an “Account Owner” and the following additional terms and conditions shall also apply to such User.
Warrior’s Cove® may terminate Account Owner’s account and services at any time upon notice to Account Owner. Warrior’s Cove® may also, but has no duty, to immediately terminate its services, terminate Account Owner’s access and password and/or remove any content. Upon termination, Account Owner shall remain fully and solely responsible for any applicable transaction fees still due and owing.
2. Limitation of Liability
Warrior’s Cove® provides the Site “as is” and without any warranty or condition, express, implied or statutory. To the fullest extent legally permitted, Warrior’s Cove® specifically disclaims any implied warranties of title, merchantability, and fitness for a particular purpose, accuracy of informational content and non-infringement. Account Owners assume total responsibility and risk for use of the Site. Warrior’s Cove® cannot guarantee continuous or secure access to its services and operation of the Site may be interfered with by factors outside of its control. Warrior’s Cove® shall not be liable for any loss of money, goodwill or reputation or special, indirect, or consequential damages arising out of Account Owners use of the Site or Warrior’s Cove®’s services.
2. Definition of Personal Information
Personal Information shall be defined, but not limited to, as information that is specifically identifiable to a unique individual, information such as a name, address, individual’s telephone number, e-mail address, account number, information about an individual’s activities if directly linked to that person (hereinafter “Personal Information”). Personal Information also includes, but shall not be limited to, demographic information, such as date of birth, one’s gender, geographic area, and personal preferences if such information can identifiable and unique.
3. Personal Information We Collect
Warrior’s Cove® collects Personal Information from Users in a number of ways, examples of such are: when Users visit the Warrior’s Cove® Site, Warrior’s Cove® collects Personal Information when Users: (1) register and set up an account; or (2) contact Warrior’s Cove® by e-mail for any reason. When Users visit the Warrior’s Cove® web site, some information may also be automatically collected, such as the User’s computer’s Internet Protocol (“IP”) address, User’s computer’s operating system, the browser type, the address of a referring web site, and the time and date of User’s visit and purchases. Warrior’s Cove® treats this information as Personal Information if it is combined with or linked to any of the identifying information mentioned above. While these may be some examples of how Warrior’s Cove® can gather and obtain User Personal Information, User shall not consider this to be an exhaustive list.
4. How We Use Personal Information
Warrior’s Cove® uses Personal Information to process User requests and provide Users with services, to inform Users about other products, to provide Users with products and/or services Warrior’s Cove® believes may be of interest to the User. When Warrior’s Cove® uses User Personal Information in its own marketing efforts, Warrior’s Cove® provides Users with options and do not disclose the User’s Personal Information to third parties, except as described in this Policy. Personal Information provided online may be linked together or merged with other Personal Information so that Warrior’s Cove® may better understand User needs and inform Users about Warrior’s Cove® products or services. Warrior’s Cove® also uses User Personal Information to send Users various informational communications such as newsletters, training information, and reminders.
5. Links to Other Web Sites
6. Policy Changes
Warrior’s Cove® reserves the right to change or alter this Policy at any time. Warrior’s Cove® may use User Personal Information for new, unanticipated uses not previously disclosed in this Policy. If Warrior’s Cove®’s privacy practices change, Warrior’s Cove® will post the policy changes to our web site. Warrior’s Cove® encourages Users to check back at the Warrior’s Cove® Site periodically if the User is concerned about how the Users Personal Information is used.