The following terms and conditions govern all use of the taichisystem.com website and all content, services and products available at or through the website. The Website is owned and operated by LifeLong Conditioning (LLC), LLC. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, LLC LLC Privacy Policy) and procedures that may be published from time to time on this Site by LLC LLC (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by LLC LLC, acceptance is expressly limited to these terms. The Website and all programs, exercises, and information are intended for only to individuals who are at least 18 years old. If you are a minor, you understand you must have permission from your legal guardians and or parents to gain access to the website and/or complete said programs and exercises.
Description of potential risks:
You understand that the reaction of the heart, lung, and blood vessel system to exercise cannot always be predicted with accuracy. You know there is a risk of certain abnormal changes occurring during or following exercise which may include abnormalities of blood pressure or heart attacks. You understand and agree that LLC LLC/taichisystem.com shall not be liable for any losses or damages of any kind arising from injuries you may sustain during or as a result of all exercise Programs. You understand and agree that you will be learning Tai Chi and will do so at your own risk. You specifically agree that you assume full responsibility for any injuries, losses, or damages you may suffer during or as a result of the Tai Chi training except for those due to the gross negligence of LLC/taichisystem.com. You hereby fully and forever waive, release, and discharge LLC/taichisystem.com, its members, managers, employees, agents, successors, and assigns from any and all claims, demands, damages, and rights of action related, directly or indirectly, in any way to the Tai Chi training exercises and/or program, except for those claims arising from the gross negligence of LLC/taichisystem.com.
You understand that you should consult a physician before engaging in any physical exercise or activity, including the Tai Chi training exercises and/or programs. You affirm that you have had a recent physical check-up and have a physician’s permission to engage in aerobic and/or anaerobic conditioning, including the exercises and activities generally described above.
You understand and hereby warrant that you are in good physical condition, and that you have no disability, impairment, condition, or ailment, of any kind, that does or may prevent you from engaging in, or that does or may affect your ability to participate in, active or passive exercise or other physical activities such as those generally described above. You understand and agree that the Tai Chi training exercises and/or programs does not constitute “health care” and LLC/taichisystem.com is not a “health care provider” as defined in the Health Insurance Portability and Accountability Act of 1996. You understand that LLC/taichisystem.com may develop exercise regimens that you will do on your own and you fully accept all responsibility for any event that may occur during your independent exercise sessions.
Responsibility of Website Visitors.
Taichisystem.com has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Taichisystem.com does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Taichisystem.com disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Taichisystem.com links, and that link to Taichisystem.com. Taichisystem.com does not have any control over those non- Taichisystem.com websites and webpages, and is not responsible for their contents or their use. By linking to a non- Taichisystem.com website or webpage, Taichisystem.com does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Taichisystem.com disclaims any responsibility for any harm resulting from your use of non- Taichisystem.com websites and web pages.
Copyright Infringement and DMCA Policy.
As Taichisystem.com asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Taichisystem.com violates your copyright, you are encouraged to notify Taichisystem.com . Taichisystem.com will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Taichisystem.com or others, Taichisystem.com may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Taichisystem.com will have no obligation to provide a refund of any amounts previously paid to Taichisystem.com.
Full Disclosure.
The purpose of this site is to provide you with training and programs regarding Tai Chi. As a part of the training program, we will periodically talk about or recommend tool/equipment and features we have used or have found useful in the past. As a part of those recommendations, we may be linked and affiliated with some of those tools/equipment, and get paid a fee for the recommendation. Beginning October 2009, the Federal Trade Commission requires full disclosure from all bloggers to provide full disclosures whenever there could be hidden interests or unspoken biases related to those recommendations. To be fully covered in all cases, please assume that any recommendation, link and product we use and recommend may be in some way providing income to Taichisystem.com. Overall we do this as a way to keep our fees low for you, and to continue to add quality content and training to you, the Tai Chi practitioner.
Intellectual Property.
This Agreement does not transfer from Taichisystem.com to you any Taichisystem.com or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Taichisystem.com, Open the Door to Tai Chi, The Conditioning Classroom, LLC LLC, and all other trademarks, service marks, graphics and logos used in connection with Taichisystem.com , or the Website are trademarks or registered trademarks of LLC LLC. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Taichisystem.com or third-party trademarks.
Changes.
Taichisystem.com reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Taichisystem.com may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Termination.
Taichisystem.com may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement you may simply discontinue using the Website. There will be no refund of paid unused subscription amounts. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties.
The Website is provided “as is”. Taichisystem.com and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Taichisystem.com nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk. You understand that you should consult a physician before engaging in any physical exercise or activity, including the Tai Chi training exercises and/or programs. You affirm that you have had a recent physical check-up and have a physician’s permission to engage in aerobic and/or anaerobic conditioning.
Limitation of Liability.
In no event will Taichisystem.com , or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Taichisystem.com under this agreement during the twelve (12) month period prior to the cause of action. Taichisystem.com shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty.
You represent and warrant that (i) your use of the Website will be in strict accordance with the Taichisystem.com Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
Indemnification.
You agree to indemnify and hold harmless LLC LLC/ Taichisystem.com, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website and its programs/exercises/information including but not limited to your violation of this Agreement.
Miscellaneous.
This Agreement constitutes the entire agreement between Taichisystem.com and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Taichisystem.com , or by the posting Taichisystem.com of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Colorado, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state courts located in Arapahoe County, and federal courts located in Denver, Colorado. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Arapahoe County, Colorado, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Taichisystem.com may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
If you have any questions about this privacy statement or your dealings with this website, you can contact us at Dianne@ Taichisystem.com