Terms of Use Agreement, Disclaimer, and Release

Last modified January 02, 2019.

YOUR USE OF THIS WEB SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE.

1 General.

1.1 China Silk And Stone Hands,INC which trades as ChinaSilkAndStoneHands.Com. “China Silk And Stone Hands” creates the content and maintains this website to provide you with a resource for teaching Tai Chi Chuan and related exercises.  By accessing or using or visiting this Site or using our services or products (collectively the “Services”), you acknowledge that you accept the terms, conditions, restrictions and policies outlined in the Terms of Use below (the “Terms”).   If you do not agree to the Terms, of if you do not have the legal authority to agree to be bound by these Terms, you may not use the Site. You understand and agree that China Silk And Stone Hands will treat your use of the Services as acceptance of the Terms from that point onwards.

1.2 Outside Links. The Services may also provide link to websites (“Third Party Services”) offered or made available by third parties not affiliated with China Silk And Stone Hands (“Third Party Providers”). China Silk And Stone Hands is not responsible for the content of such websites including any changes or updates that are made to the linked website or the accuracy or completeness of the information provided on those websites. China Silk And Stone Hands provides the links as a convenience to you and the existence of the links on this website does not imply that China Silk And Stone Hands approves of or is affiliated with the linked organization or company, or its Services, or that the linked organization or company approves of or is affiliated with China Silk And Stone Hands. These Terms do not apply to (and We are not responsible for) such Third Party Services, and these Terms do not govern the practices of such Third Party Providers. When utilizing Third Party Services, you should read the relevant terms of use regarding use of such third party websites, software or Services, including any applicable end user license agreement (“EULA”).

2 Prohibited Uses. Notwithstanding anything herein to the contrary, you agree that you will not:

2.1 engage in any activity that interferes with or disrupts the Services, or the services or networks which are connected to the Services or on which the Services are hosted;

2.2 harm or disparage China Silk And Stone Hands or its users in any way; or

2.3 use the Site in any manner that could damage, disable, overburden, or impair the Site.

2.4 distribute, disclose, copy, reproduce, communicate to the public by telecommunication, make available, display, publish, transmit, assign, sublicense, transfer, provide access to, use, rent or sell, directly or indirectly (including in electronic form) any portion of the Services, or (b) modify, adapt or create derivative works of any portion of the Services.

2.5 Access or use any portion of the Services if you are a direct or indirect competitor of China Silk And Stone Hands, nor shall you provide, disclose or transmit any portion of the Services to any direct or indirect competitor of China Silk And Stone Hands (by way of example, a "direct or indirect competitor" of China Silk And Stone Hands includes, but is not limited to, martial arts facilities and schools, and health information resource);

2.6 Use, reproduce, publish or compile any portion of the Services for the purpose of selling or licensing any portion of the Services or making any portion of the Services publicly available;

2.7 Upload, post, e-mail, make available or otherwise transmit or communicate to the public by telecommunication any information, data, text, software, photographs, images, videos, graphics, or other content to or through the Services.

3 Changes to the Services; Updates

3.1 You acknowledge and agree that the form and nature of the Services which China Silk And Stone Hands provides may change from time to time without prior notice to you. You understand and agree that if you continue to use the Services after the date upon which the Terms or this site have been revised or changed, you will be deemed to have consented to and abide by all such changes.

3.2 You acknowledge and agree that China Silk And Stone Hands may stop (whether permanently or temporarily) providing the Services to you or to users generally at China Silk And Stone Hands sole discretion.

3.3 You may stop using the Services at any time. Except as otherwise set forth in a separate agreement between China Silk And Stone Hands.

Privacy

4.1 You hereby agree to China Silk And Stone Hands Privacy Policy, made available online at https://Chinasilkandstonehands.com/privacy as that policy may be changed from time to time.

4.2 You give us permission to collect and use the personal information described in the Privacy Policy.

4.3 If there are material changes to such policy a notice will be posted at https://Chinasilkandstonehands.com/privacy and when any change is made in such policy, the updated policy will be posted at the link above or a successor link. China Silk And Stone Hands recommends that you periodically check for the most current version of the policy.

5 Pricing.

5.1  Our charges related to our Services are posted on our Website at https://Chinasilkandstonehands.com/pricing and may be changed from time to time.

6 Ownership.

6.1 You acknowledge and agree that China Silk And Stone Hands owns all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services.

6.2 Nothing in the Terms gives you a right to use any China Silk And Stone Hands’ trade names, trademarks, service marks, logos, domain names or other distinctive brand features.

6.3 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed or contained within or on the Services.

6.4 Any information, including but not limited to remarks, suggestions, ideas, graphics or other submissions, communicated to China Silk And Stone Hands by you through this website, including but not limited to intellectual property related thereto (except as may otherwise be expressly provided), becomes the exclusive property of China Silk And Stone Hands, without compensation and China Silk And Stone Hands may copy, incorporate, distribute or otherwise use such communications for any commercial or non-commercial purpose. You hereby agree to take whatever further actions, may be necessary to assign your rights to the same to China Silk And Stone Hands. You are prohibited from posting or transmitting to or from this website any unlawful, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, hate or profane material.

6.5 The website is subject to protection of intellectual property laws of the United States of America, Canada, and all other jurisdictions and was created, compiled, prepared, selected and arranged by China Silk And Stone Hands through the expenditure of substantial effort and resources. This website constitutes valuable property of China Silk And Stone Hands.

Termination

7.1 Your obligations and liabilities with respect to the use of the Services incurred prior to the termination of your relationship with China Silk And Stone Hands shall survive the termination of these Terms of Services for all purposes.

7.2 These Terms of Service shall be effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Service, or when you cease using our Site.

7.3 If, in our sole and absolute discretion, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, then we shall have the right to terminate these Terms of Service at any time without notice, and (i) you shall remain liable for all amounts due up to and including the date of termination; and/or (ii) China Silk And Stone Hands shall have the right to deny you access to our Site or Service (or any part thereof).

8 WARRANTY DISCLAIMER

8.1 The Physical Activity Disclaimer Notice, incorporated herein, should be carefully read. This site is not a substitute for, nor does it replace in any way the supervision of a qualified instructor.

8.2 We make no claim as to your physical safety or wellbeing when participating in any sort of physical activity. Martial arts training is a strenuous physical contact activity in which there is significant risk to the participants. Participation can result in injuries or damages of any sort, including permanent disability, deformity, or death. Also, always inspect the practice area, the equipment, your partners, and yourself for risks before starting.

8.3 You may not rely on this information as a substitute for, nor does it replace in any way professional medical advice, diagnosis, or treatment. You should consult and be cleared by your physician or other health care professional before starting and while participating in any fitness program. Do not start any fitness program if your physician or healthcare provider advises against it. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read or seen on this Site. Developments in medical, nutritional, kinesiological and martial art research may impact the health, fitness and nutritional advice that appears here. No assurance can be given that the information contained in this site will always include the most recent findings or developments with respect to the particular material.

8.4 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

8.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CHINA SILK AND STONE HANDS OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

9 LIMITATION OF LIABILITY.

9.1 THE SERVICES ARE “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. IRRESPECTIVE OF WHETHER CHINA SILK AND STONE HANDS HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES, CHINA SILK AND STONE HANDS DISCLAIMS ALL RESPONSIBILITY FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING FROM OR BECAUSE OF INACCURACIES OR OMISSIONS IN THE INFORMATION CONTAINED ON THIS WEBSITE, OR IN ANY WEBSITE LINKED TO OR FROM THIS WEBSITE. CHINA SILK AND STONE HANDS FURTHER DISCLAIMS ANY LIABILITY ARISING FROM ANY DAMAGE TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER OR OTHER PROPERTY ARISING FROM ANY USE OF THIS WEBSITE.

9.2 CHINA SILK AND STONE HANDS SHALL NOT BE LIABLE FOR:

9.2.1 ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS. Some States may not allow this exclusion or limitation of liability, so the above limitation or exclusion may not apply to you.

9.2.2 Any claims made by third parties on this site, such as those in the comments, the ads, or the testimonials, are their own. Such shall not be considered to be in any way a guarantee, warranty, or a prediction.

10 RELEASE. You, on behalf of yourself, your personal representatives and heirs, voluntarily agree to release, waive, discharge, hold harmless, defend and indemnify China Silk And Stone Hands, INC, and it’s owners, agents, officers and employees from any and all claims, actions or losses for bodily injury, property damage, wrongful death, loss of services or otherwise which may arise out of my use of the Services. You specifically understand and agree that you are releasing, discharging and waiving any claims or actions that I may have presently or in the future for the negligent acts or other conduct by the owners, agents, officers or employees of China Silk and Stone Hands, INC.

11 Arbitration. All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the state of New York or another location mutually agreeable to the parties. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). A single arbitrator shall be appointed by the AAA and there shall be no discovery permitted except as may relate to damages claimed. Any decision or award as a result of any such arbitration proceeding shall be in the form of a Standard Award shall include the assessment of costs, expenses, and reasonable attorneys' fees against the non-prevailing party. An award of arbitration may be confirmed in a court of competent jurisdiction.

12 Other Miscellaneous Terms

12.1 The Terms constitute the whole legal agreement between you and China Silk and Stone Hands and govern your use of the Services (but excluding any services which China Silk and Stone Hands may provide to you under a separate written agreement), and completely replace any prior agreements between you and China Silk and Stone Hands in relation to the Services.

12.2 You agree that if China Silk and Stone Hands does not exercise or enforce any legal right or remedy which is contained in the Terms (or which China Silk and Stone Hands has the benefit of under any applicable law), this will not be taken to be a formal waiver of China Silk and Stone Hands rights and that those rights or remedies will still be available to China Silk and Stone Hands.

12.3 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

12.4 The Terms, and your relationship with China Silk and Stone Hands under the Terms, shall be governed by the laws of the State of New York without regard to its conflict of laws provisions. Subject to the Arbitration provision, above, You and China Silk and Stone Hands agree to submit to the exclusive jurisdiction of the courts located within the county of Westchester, New York to resolve any legal matter arising from the Terms.

13 Contact Information. Questions about the Terms of Service should be sent via the site’s contact form.