Terms and Conditions

By using the Aikijutsudo.com ("Aikijutsudo") Web site (the "Services or the service"), you agree to be bound by the following terms and conditions (the "Terms of Service"). Violation of any of the terms below will result in the termination of your account. While Aikijutsudo prohibits such conduct and content on the Service, you understand and agree that Aikijutsudo cannot be responsible for the content posted on the Service and you may nonetheless be exposed to such materials.

TERMS OF USE

Neither Aikijutsudo.com ('Aikijutsudo') or Peter Nunes d'Agrella ('Owner' or 'The Sensei') nor any providers of information make any warranties, express or implied, as to results to be obtained from use of such information, and make no express or implied warranties of merchantability or fitness for a particular purpose or use. Neither Aikijutsudo nor The Sensei nor any of providers of information shall have any liability for the accuracy of the information contained in the service, or the contents of any advertisements, or for assertions or omissions therein. No party shall be liable to any other party or any third-party for third-party claims or losses of any nature, including, but not limited to, lost profits, physical, punitive or consequential damages. Aikijutsudo or The Sensei reserve the right to remove any listings or any advertisements for any reason. In no case shall Aikijutsudo or The Sensei be liable for any costs or events that occur beyond its control including, but not limited to, network outages, Internet connectivity problems and client side browser issues.

You must be 16 years or older to use the Service. You must be a human. Accounts registered by automated methods are not permitted. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process. Your login may only be used by one person. A single login shared by multiple people is not permitted. You are responsible for maintaining the security of your account and password. You are responsible for all content posted and activity that occurs under your account (even when such content is posted by others who have access under your account). You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

The following disclaimer and terms of use apply generally to all content on the Aikijutsudo Web site. It is hereby also understood that any person posting to Aikijutsudo will have been presented with this disclaimer and terms of use prior to doing so and, as such, be subject to its terms as indicated below.

PAYMENT, REFUNDS AND TAXES

A valid credit card or a PayPal account is required for memberships or purchase of content access. An online membership is considered to be for a term of two years, but online memberships and renew automatically monthly. The Service is billed at the time of order and is non-refundable. There will be no refunds or credits for partial terms of service, upgrade/downgrade refunds, refunds for unused access, or refunds for monthly memberships or credits unused with an open account. In order to treat everyone equally, no exceptions will be made. If you do not renew your membership after the two year term, you will lose access to your account, your student records and all content associated with your account. You can cancel your account at any time and request that your student records be deleted from our database by submitting a request through our Contact Us form. No refunds or partial refunds will be issued for cancelled memberships or accounts. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes. For any upgrade or downgrade in plan level, your credit card or PayPal account that you provided will automatically be charged the new rate on your next billing cycle. Downgrading your Service may cause the loss of content, features or capacity of your account. Aikijutsudo does not accept any liability for such loss.

INTELLECTUAL PROPERTY

You agree that you will not upload or transmit any Content to the Aikijutsudo Web site(s) that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party. By submitting Content to Aikijutsudo you automatically grant -- or warrant that the owner of such Content has expressly granted -- Aikijutsudo the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Rights that may exist in such Content. Aikijutsudo responds to notices of alleged infringement that comply with the Digital Millennium Copyright Act. All trademarks are hereby acknowledged as the property of their respective owners.

CONTENT LINKED TO BY AIKIJUTSUDO

The web sites displayed as search results or linked to are developed by third parties and though we screen all web sites before including them in the index, a search using the Aikijutsudo search may produce search results and links to web sites that some people may find objectionable, inappropriate or offensive. We cannot guarantee that a search will not locate unintended or objectionable content and assume no responsibility for the content of any web site included in any search results. The Aikijutsudo services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Aikijutsudo has no control over such sites and resources, you acknowledge and agree that Aikijutsudo or its owner are not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Aikijutsudo or its owner shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Aikijutsudo services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Aikijutsudo or its owner shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Aikijutsudo services. You agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

You must evaluate, and bear the risk associated with, the accuracy, completeness or usefulness of any Content. Aikijutsudo and its owner shall not be responsible for any Content. Aikijutsudo does not prescreen or monitor all Content as a matter of policy, but Aikijutsudo shall have the right, but not the responsibility, to remove Content which is deemed in sole discretion harmful, offensive, or otherwise in violation of this Agreement or any rules Aikijutsudo has in place at the time. Aikijutsudo may elect at its sole discretion to monitor some, all, or no areas of Aikijutsudo Web site(s) for adherence to this Agreement or rules.

FOR PERSONAL USE ONLY

The content is made available for personal, non-commercial use only. You may not use the Aikijutsudo content to sell a product or service, or to increase traffic to your web site for commercial reasons. You may not take the results from a Aikijutsudo search, reformat and display them, or mirror the Aikijutsudo home page or results pages on your web site. You may also not use the Aikijutsudo search results for a meta-search without prior written permission. You may not attempt to override or circumvent any of the usage rules embedded into the Aikijutsudo services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided by the Aikijutsudo services, in whole or in part, is strictly prohibited.

PROPRIETARY RIGHTS

Aikijutsudo claims sole ownership and license to all content published on the Service except where noted on the published content. Aikijutsudo claims no intellectual property rights over the material you provide to the Service.

You acknowledge and agree that the Aikijutsudo services and any necessary scripts used in connection with the services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the services or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Aikijutsudo or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services, in whole or in part.

We may, but have no obligation to, remove content and accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Aikijutsudo student, customer, employee, member, or officer will result in immediate account termination.

WAIVER

You acknowledge and explicitly agree to the following:

• Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis. All instructional material is for entertainment purposes only. You understand that by engaging in any of the techniques, drills and all other instructional material presented on this website, you do so at your own risk. You further understand the risk of injury or DEATH that this, or any martial art for that matter, can inflict on yourself and/or others, and accept full and sole responsiblity for any injury, DEATH, or any other type of loss either directly or incidentally related to this training program.
• you recognize and understand that Aikijutsudo training is an activity that involves physical contact and that your participation might result in serious injury, including permanent disability or even death, and severe social and economic loss.
• you recognize and understand that such risk may be due to not only your own actions, but also the action, inaction or negligence of others, the regulations of participation, or the conditions of the premises, or of any of the equipment used.
• you recognize that there may be other risks that are not known to me or to others or not reasonably foreseeable at this time.
• you assume all of the foregoing risks and accept personal responsibility for any damages that may result from injury, permanent disability or death.
• you enter Aikijutsudo training and/or competition entirely of your own free will and understand the importance of following the rules of training and competition (if applicable).
• you certify that you are in good physical condition, and have no disease, injury or other condition that would impair your performance or physical and mental well-being during intense training practice and/or competition (if applicable).
• you release, waive, discharge and covenant not to sue Aikijutsudo, its affiliated organizations and governing bodies, its officers, instructors and personnel, other members of the organizations, participants, supervisors, coaches, sponsoring organizations or their agents, and if applicable, owners and leasers of the premises from any and all liability to the undersigned, his or her heirs and next of kin for any and all claims, demands, losses and damages which may be sustained and suffered on account of injury, including death or damage to property, caused or alleged to be caused in whole or in part by the negligence of the realeasees or otherwise.

YOU HAVE READ THE ABOVE WARNING, WAIVER, RELEASE, AND ASSUMPTION OF RISK. YOU FULLY UNDERSTAND ITS CONTENTS, AND THAT YOU HAVE GIVEN UP SUBSTANTIAL RIGHTS BY ACCEPTING IT BY SIGNING UP TO AIKIJUTSUDO. YOU HEARBY ACCEPT IT VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO YOU AND INTEND YOUR SIGNING UP TO THE AIKIJUTSUDO SERVICES TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY.

DISCLAIMER OF WARRANTIES

Aikijutsudo does not warrant that

1. the service will meet your specific requirements
2. the service will be uninterrupted, timely, secure, or error-free
3. the results that may be obtained from the use of the service will be accurate or reliable
4. the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations
5. any errors in the Service will be corrected.

Aikijutsudo and The Sensei disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the Aikijutsudo search results. Aikijutsudo disclaims any responsibility for the deletion, failure to store, misdelivery or untimely delivery of any information or material. Aikijutsudo and The Sensei disclaim any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the Aikijutsudo services.

THE SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE AIKIJUTSUDO SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. THE SENSEI AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. THE SENSEI AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE AIKIJUTSUDO SERVICES. AIKIJUTSUDO, THE SENSEI AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE AIKIJUTSUDO SERVICES. AIKIJUTSUDO, THE SENSEI AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE AIKIJUTSUDO SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE AIKIJUTSUDO SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE AIKIJUTSUDO SERVICES. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE AIKIJUTSUDO SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL AIKIJUTSUDO, THE SENSEI OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE AIKIJUTSUDO SERVICES. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF AIKIJUTSUDO, THE SENSEI OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE AIKIJUTSUDO SERVICES, FROM INABILITY TO USE THE AIKIJUTSUDO SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE AIKIJUTSUDO SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE AIKIJUTSUDO SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE AIKIJUTSUDO SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE AIKIJUTSUDO SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE AIKIJUTSUDO SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE AIKIJUTSUDO SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE AIKIJUTSUDO SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS ARE EXPLICITLY ACCEPTED BY YOU.

Without limiting the foregoing, under no circumstances shall Aikijutsudo, The Sensei or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light or air conditioning.

CHANGES IN TERMS AND CONDITIONS

We may modify or terminate our services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. You agree that Aikijutsudo or The Sensei shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Aikijutsudo Services. We reserve the right to modify these terms of service without any notice.

MISCELLANEOUS PROVISIONS

These terms of service will be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the terms of service to be unenforceable, the remainder of the terms of service will continue in full force and effect. The parties specifically exclude from application to the Agreement the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act. These terms of service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the terms of service will be effective only if in writing and signed by Aikijutsudo or The Sensei.

Aikijutsudo reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Web Site or the Service itself. Aikijutsudo shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Aikijutsudo reserves the right to refuse any inclusion request, registration or submission for any reason at any time without further communication. Aikijutsudo, at its sole discretion, has the right to suspend or terminate any account and refuse any and all current or future use of the Service, or any other Aikijutsudo service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account.

The failure of Aikijutsudo to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.

The Terms of Service constitutes the entire agreement between you and Aikijutsudo and govern your use of the Service, superceding any prior agreements between you and Aikijutsudo (including, but not limited to, any prior versions of the Terms of Service). By using this web site and any affiliate Internet sites, you agree to hold Aikijutsudo, its agents, assigns, subsidiaries, employees, licensees, and officers harmless for any action, suit, claim, loss, injury, or damage, arising from your recklessness, negligence, improper execution of techniques, or for any damage or injury that occurs pursuant to any information received, whether such information is received in person, via email, on the Internet, or by any other means now known or later developed. You acknowledge that you have had the prior opportunity to, and have, consulted a physician before entering into this agreement.