Terms of Use

Limited License

Fresno Samurai Arts currently provides this service free of charge to you under the terms and conditions primarily set forth in this Terms of Use section of the Web site. However, there may be additional terms and conditions in other sections of this Web site, which are expressly incorporated herein and also must be observed and followed (collectively referred to hereinafter as “Terms of Use”). By accessing or using this site, you agree to abide by the Terms of Use.

Subject to the Terms of Use, Fresno Samurai Arts grants you a non-exclusive, non-transferable, limited, conditionally revocable right to access, use and privately display this Web site for the sole purpose of engaging in the practice of the martial arts at the Fresno Samurai Arts exclusively. Any other use of this Web site is expressly prohibited and constitutes a material violation of the Terms of Use. Prohibited uses include, without limitation, using email addresses obtained from this Web site for solicitation purposes of any kind, directly or indirectly, the use of data mining, robots or other similar data gathering and extraction tools, and making any derivative works based, in whole or in part, on any portion or all of this Web site.

We reserve the right to limit access to the website wholly or to any of its parts, components, and links at any time if we feel they are being used to post malicious items on pmakarate.com or abuse of other members, students, teachers, volunteers or any person related to Fresno Samurai Arts

Changes and Modifications

Fresno Samurai Arts reserves the right, at its sole discretion, to change, modify, add or remove the Terms of Use, in whole or in part, at any time without prior notice or liability. Your continued access or use of this site after any such change, modification, addition or removal of the Terms of Use will constitute your acceptance thereof. Further, Fresno Samurai Arts reserves the right, at its sole discretion, and without prior notice or liability, to terminate, modify or add any features to this Web site at any time. Fresno Samurai Arts also reserves the right, at its sole discretion, and without prior notice or liability, to limit or terminate your access to this Web site, and you agree to abide by such limit or termination.

In addition, you agree not to modify, add or delete any content on this site, without the express written permission of Fresno Samurai Arts Further, you agree not to interrupt or attempt to interrupt the operation of this Web site or access thereto by other users.

You agree not to resell or otherwise exploit for commercial purposes, directly or indirectly, any portion of this Web site, the information provided and/or services offered on this Web site, or access to this Web site.

You may link to this Web site, so long as it does not portray Fresno Samurai Arts or its affiliates in a negative manner or otherwise portray its activities or services in a false, misleading, derogatory or offensive manner. Further, the linking site must not contain anything illegal, false, misleading, derogatory or offensive, and no express or implied affiliation with Fresno Samurai Arts may be indicated without express written permission from Fresno Samurai Arts. Fresno Samurai Arts reserves the right to require that you remove any link to this Web site for any reason, and you agree to carry out the removal immediately.

You agree that information you provide to this Web site or the vendors, suppliers or individual whose products or services are present in the online directory of this Web site will be true and accurate to the best of your knowledge, and that nothing you provide shall be illegal, obscene, threatening, defamatory, invasive of privacy, infringing on the rights of, or otherwise injurious to person or property, including, without limitation, software viruses, worms, Trojan horses or other malicious code. You also agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the source of the information you provide to this Web site or to the manufacturers and distributors whose products are present in the online directory of this Web site.

If any court of competent jurisdiction deems any provision of these Terms of Use to be unenforceable, then that provision shall be enforced to the extent possible to effect the intent of the Terms of Use, and the remaining provisions shall remain in full force and effect. The headings in this section of the Web site are intended solely for convenience and are not considered to be terms within the Terms of Use.

The Terms of Use constitutes the entire agreement between Fresno Samurai Arts and you with regard to your access and use of this Web site, and supersedes all prior agreements and understandings, whether written or oral, in connection herewith.

Disclaimer/Indemnity/Limitations on Damages

Names, locations, classes, products/services descriptions and other information contained in this Web site are believed to be correct and they might change without notice. Although we believe that the information supplied is generally correct, we do not assume any responsibility whatsoever for its accuracy. The data and information contained in the pages of this website is intended for use by persons possessing a certain degree of martial arts technical skill and knowledge as practiced at the Fresno Samurai Arts. How the information supplied is used is beyond our knowledge or control and consequently we assume no liability whatsoever for results obtained or loss or damage incurred as a result of application of the data or information presented. Users of this website do so at their own risk. In addition, we assume no liability and make no warranty with respect to claims of patent, trademark or copyright infringement or other similar claims which may arise out of or in connection with the use of any data, information or items listed in this website.

Fresno Samurai Arts EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL Fresno Samurai Arts BE LIABLE FOR ANY INJURY, EXPENSES, PROFITS, LOSS OR DAMAGE, WHETHER DIRECT, INCIDENTAL, OR CONSEQUENTIAL, OR ANY OTHER PECUNIARY LOSS OR EXPENSE ARISING OUT OF THE ACCESS, USE OR INABILITY TO USE ANYTHING ON THIS WEB SITE INCLUDING TIME-SENSITIVE INFORMATION, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY THEREOF.

Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

If, despite the language of the Terms of Use, Fresno Samurai Arts becomes liable to you for anything arising out of or related in any way to your access, use or inability to use this Web site or any product/service described in it, then Fresno Samurai Arts total liability to you shall not exceed the total payments actually made by you to Fresno Samurai Arts or $100, whichever is greater.

You agree to indemnify and hold Fresno Samurai Artsu and, where applicable, its parent, subsidiaries, officers, directors, agents and employees, teachers and volunteers, as well as companies and/or individuals who may appear on this Web site, harmless from any claim or demand, including reasonable attorney’s fees, made by any third party arising out of or related in any way to your access, inability to access or use of this Web site, or any breach by you of the Terms of Use.

Third Party Sites/Email

As a convenience to you, Fresno Samurai Arts may provide on this Web site one or more links to third party Web sites and/or provide email contacts respecting third parties. Fresno Samurai Arts makes no endorsement of such third parties, nor any representation or warranty regarding anything that takes place between you and any such third parties, including, without limitation, visits to third party Web sites, email correspondence with third parties, and business or other transactions with third parties found through this Web site. Please understand that such third parties are independent from and not controlled by Fresno Samurai Arts even if, for example, a Fresno Samurai Arts link or logo appears on a Web site linked from this site. It is up to you to take whatever precautions are necessary in order to protect against viruses, worms, Trojan horses or other malicious code.

Intellectual Property

You acknowledge and understand that the method of operation of this Web site and/or the business method employed are the subject of one or more U.S. and International patent applications. Copying any aspect thereof may subject the copyist to injunctions, monetary damages and/or other legal ramifications upon patent issuance.

Fresno Samurai Arts owns the following trademarks and service marks listed below. A mark designated with a registration symbol (®) indicates that it is registered with the U.S. Patent and Trademark Office. Marks without the registration symbol are either under application for registration in the U.S. or are considered to be common law marks of Fresno Samurai Arts You agree not to use any meta tags or other hidden text utilizing Fresno Samurai Arts name or any of its trademarks or service marks without the express written consent of Fresno Samurai Arts.

Fresno Samurai Arts
Fresno Samurai Arts © 2024, Fresno Samurai Arts All Rights Reserved Throughout the World. Fresno Samurai Arts claims a copyright interest in each page of this Web site and the site as a whole, as well as in the individual content. No portion of this Web site or the Web site as a whole may be copied, retransmitted, reposted, duplicated or otherwise used without the express written permission of Fresno Samurai Arts

You acknowledge that the information Fresno Samurai Arts has about its users, including, without limitation, names, email addresses, usernames, passwords, site usage history, etc., is governed by its Privacy Policy and may also be a trade secret. In addition, you acknowledge that any information Fresno Samurai Arts has about the aggregate usage of this Web site and any agreements Fresno Samurai Arts has with companies and individuals providing content for this site are also trade secrets.

International Users

This Web site is controlled, operated and administered by Fresno Samurai Arts from within the United States. Fresno Samurai Arts makes no representation that this site is available for access or use at other locations outside the U.S. However, any access or use from outside the U.S. is still subject to the Terms of Use. Access to this Web site is expressly prohibited from territories where this site or any portion thereof is illegal. You agree not to access or use any information or materials on this Web site in violation of U.S. export laws and regulations, or in violation of any laws or regulations in the country from which you are accessing this Web site.

Choice of Law/Forum for Disputes

The validity, construction and performance of the Term of Use of this Web site and the legal relations between you and Fresno Samurai Arts shall be governed by and construed in accordance with the laws of the State of California, excepting its choice of law rules if the application of such rules would result in the laws of another jurisdiction being applied.

Any dispute between you and Fresno Samurai Arts arising out of or relating in any way to your access or use of this Web site shall initially be addressed through confidential negotiations, which shall be treated as compromise and settlement negotiations under the relevant rules of evidence. If the matter in dispute has not been resolved within thirty (30) days of the initiating party’s written request for negotiation, the parties shall endeavor to first settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Rules. A neutral third party will be selected in accordance with the selection process. During the time period set forth below, mediation shall be the sole and exclusive procedure for resolution of any such dispute. If the dispute is still not resolved within sixty (60) days after mediation begins, either party may demand arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof as described in the following paragraph. If the parties agree, a mediator involved in the parties’ mediation may be asked to serve as the arbitrator.

Any dispute between you and Fresno Samurai Arts described in the previous paragraph shall be brought before an alternative dispute resolution body within 50 miles of the address of record for the corporate headquarters of Fresno Samurai Arts as of the date of the initiating party’s written request for negotiation. You agree that any such body shall have personal jurisdiction over you for purposes of any such dispute. Further, any judgment on the award rendered by the arbitrator may be entered only in a court within 50 miles of Fresno Samurai Arts corporate headquarters as of the date the award is rendered by the arbitrator. You agree that any such court shall have personal jurisdiction over you for purposes of any such judgment.

You agree that the cost of mediation and any subsequent arbitration as described above shall be split equally between you and Fresno Samurai Arts