SUBSCRIBER AGREEMENT AND TERMS OF USE

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This Subscriber Agreement and Terms of Use (this “Agreement”) governs your use of all digital products and services from Triangle Krav Maga, unless other terms and conditions expressly govern. Examples of such digital products and services include Atlas Remote Membership (“ARM”) Curriculum Videos. These products and services are provided either directly by Triangle Krav Maga (“we”, “us”, “our”) or through various third party platforms and devices (e.g., mobile and tablet).

By registering as a member or by using ARM in any way, you accept the terms in this Agreement, which form a binding agreement between you and Triangle Krav Maga. If you do not wish to be bound by this Agreement, do not use ARM or subscribe or become a member.

1. Who May Use or Access ARM

AGE REQUIREMENT: You must be at least 18 years old to use ARM. If you are at least 13, but are still a minor (this depends on where you live), you must have your parent or legal guardian’s permission to use or access ARM. Please have him or her read this Agreement with you.

NOTICE TO PARENTS AND GUARDIANS: By granting your child permission to use ARM, you agree to the terms of this Agreement on behalf of your child. You are responsible for monitoring and supervising your child’s use of ARM. If your child is using ARM and is either under 13 or does not have your permission, please contact us immediately so that we can disable his or her access.

2. License to Use or Access ARM

LICENSE: Triangle Krav Maga grants you a limited, non-exclusive license to access and use ARM for your own personal, non-commercial purposes. This includes the right to view content available on ARM. This license is personal to you and may not be assigned or sub-licensed to anyone else.

COMMERCIAL USE: You may not use ARM for commercial purposes.

RESTRICTIONS: Except as expressly permitted by Triangle Krav Maga in writing, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the ARM Program. Nor will you take any measures to interfere with or damage ARM. All rights not expressly granted by Triangle Krav Maga are reserved. The text, graphics, images, video, artwork, metadata and other data, design, organization, compilation, look and feel, advertising and all other protectable intellectual property, including but not limited to any copyrights, trademarks, service marks, trade names, trade dress, patent rights, or database rights (the “Content”) available through the Services are our property or the property of our advertisers and licensors and are protected by copyright and other intellectual property laws. Unless you have our written consent, you may not use, sell, publish, distribute, retransmit or otherwise provide access to the Content received through the Services to anyone.

3. Membership

REGISTRATION: To fully use ARM, you must register as a member by providing a user name, password, and valid email address. You must provide complete and accurate registration information to Triangle Krav Maga and notify us if your information changes. If you are a business, government, or non-profit entity, the person whose email address is associated with the account must have the authority to bind the entity to this Agreement.

USER NAME: We encourage you to use your real name. If you are a business, government, or non-profit entity, you must use the actual name of your organization. You may not use someone else’s name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.

ACCOUNT SECURITY: You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You must not allow others to use your account. You must safeguard the confidentiality of your password. If you are using a computer that others have access to, you must log out of your account after using ARM. If you become aware of an unauthorized access to your account, you must change your password and notify us immediately.

4. Subscriptions and Purchases

ARM SUBSCRIPTION:. You agree to pay the subscription fees and any other charges incurred in connection with your account for a Service (including any applicable taxes) at the rates in effect when the charges were incurred. If your subscription includes access to areas containing premium content or services, your access to such areas may be subject to additional fees, terms and conditions, which will be separately disclosed in such areas. Unless you have paid by check, we will bill all charges automatically to your credit card. Subscription fees will be billed at the beginning of your subscription and any renewal. As a general matter, all fees and charges are non-refundable. We reserve the right to issue refunds or credits at our sole discretion. If we do issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.

CANCELATION AND REFUNDS: All purchases are final and all fees paid are non-refundable, even if your account is later terminated by Triangle Krav Maga. If your account is terminated due to your breach of this Agreement during the relevant cancelation period, you will not be refunded.

RENEWALS: Subject to the terms hereof, you may choose to renew your subscription at the end of the subscription period. By default, all subscriptions are set to automatically renew for the same period of time as the original subscription. You may decline to renew at any time prior to the commencement of a renewal subscription. Triangle Krav Maga reserves the right to deny subscriptions, renewals, and other purchases for any reason. Unused storage, plays, and other limits do not roll over to subsequent subscription periods.

END OF SUBSCRIPTION: When an ARM subscription ends, Triangle Krav Maga automatically disables access to all ARM content.

5. Term and Termination; Account Deletion

TERM: This Agreement begins on the date you first use ARM and continues as long as you have an account with us.

ACCOUNT DELETION: You may delete your account at any time. Subscription accounts will remain active until the end of the subscription term and any renewal term.

TERMINATION FOR BREACH: Triangle Krav Maga may suspend, disable, or delete your account (or any part thereof) if Triangle Krav Maga determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage ARM’s reputation and goodwill. If Triangle Krav Maga deletes your account for the foregoing reasons, you may not re-register for ARM. Triangle Krav Maga may block your email address and Internet protocol address to prevent further registration.

6. Indemnification
You will indemnify, defend, and hold harmless Triangle Krav Maga and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on ARM; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to ARM violates any law or infringes any third party right, including any intellectual property or privacy right.

7. Disclaimers
Triangle Krav Maga reserves the right to modify ARM. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to ARM. Triangle Krav Maga does not guarantee that any content available on ARM complies with this Agreement or is suitable for all users.

Triangle Krav Maga provides ARM on an “as is” and “as available” basis. You therefore use ARM at your own risk. Triangle Krav Maga expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Triangle Krav Maga makes no representations or warranties:

  • That ARM will be permitted in your jurisdiction;
  • That ARM will be uninterrupted or error-free;
  • That ARM will meet your business or professional needs;
  • That Triangle Krav Maga will continue to support any particular feature of ARM

To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used ARM, and no warranties shall apply after such period.

8. Limitation of Liability
To the fullest extent permitted by law: (i) Triangle Krav Maga shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses; and (ii) Triangle Krav Maga’s total liability to you shall not exceed the amounts paid by you to Triangle Krav Maga over the twelve (12) months preceding your claim(s).

9. General Provisions

GOVERNING LAW: This Agreement shall be governed by the laws of the State of North Carolina, United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.

DISPUTES: Any action arising out of or relating to this Agreement or your use of ARM must be commenced in the state or federal courts located in Wake County, North Carolina, United States of America (and you consent to the jurisdiction of those courts). In any such action, Triangle Krav Maga and you irrevocably waive any right to a trial by jury.

INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by Triangle Krav Maga in exercising any right hereunder will waive any further exercise of that right. Triangle Krav Maga’s rights and remedies hereunder are cumulative and not exclusive.

SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without Triangle Krav Maga’s prior written consent. No third party shall have any rights hereunder.

NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from Triangle Krav Maga electronically. Triangle Krav Maga may provide all such communications by email or by posting them on ARM.

MODIFICATION: We may change the terms of this Agreement at any time by notifying you of the change in writing or electronically (including without limitation, by email or by posting a notice on ARM that the terms have been “updated” or similar words). The changes also will appear in this document, which you can access at any time by going to the Subscriber Agreement and Terms of Use link at the footer of those Services which are made available through a website or to the Legal or Legal Notices area of those Services which are made available as an application. By using a Service after changes are made to this Agreement you signify that you agree to be bound by such changes.

This text marks the end of the Subscriber Agreement and Terms of Use document.