World Champion Tae Kwon Do

(703) 204-0789

TERMS AND CONDITIONS FOR THE USE OF THE PRIVATE SECTION OF THIS WEBSITE

THIS IS IMPORTANT – PLEASE READ

LATEST UPDATE

These Terms and Conditions were last updated on:  October 9, 2009

THIS WEBSITE HAS TWO SECTIONS – ONE THAT IS PUBLIC AND ONE THAT IS PRIVATE. THE PRIVATE PAGES OF THIS WEBSITE SHOULD ONLY BE ACCESSED BY STUDENTS OF THE MARTIAL ARTS SCHOOL THAT OWNS THIS WEBSITE AND THEIR PARENTS OR GUARDIANS.

YOU ARE ABOUT TO REGISTER FOR THE PRIVATE SECTION OF THIS WEBSITE. BEFORE ACCEPTING THESE TERMS AND CONDITIONS YOU SHOULD REVIEW THE FOLLOWING:

Terms of Use

Privacy Policy

COPPA Policy

The COPPA (Child Online Privacy Protection Act (COPPA) of 1998) spells out specific requirements for websites collecting personal information from children under 13. The private section of this website may collect personal information from children under 13 so every effort has been made to meet the requirements of this Act, including the requirement to obtain parent consent.

BY ACCEPTING THESE TERMS AND CONDITIONS, YOU ARE INDICATING THAT YOU HAVE READ AND ACCEPTED THIS WEBSITE’S TERMS OF USE, PRIVACY POLICY, AND COPPA POLICY.

IF YOU ARE UNDER 13 YEARS OF AGE, IT IS UNLAWFUL FOR YOU TO VISIT, READ, OR INTERACT WITH THE PRIVATE PAGES OF THIS WEBSITE WITHOUT PARENT CONSENT. THEREFORE, YOU CANNOT REGISTER FOR THIS WEBSITE WITHOUT YOUR PARENT’S ACCEPTANCE OF THESE TERMS AND CONDITIONS.

IF YOU ARE A PARENT OF A CHILD UNDER 13 YEARS OF AGE, YOU MUST ACCEPT THESE TERMS AND CONDITIONS BEFORE ALLOWING THAT CHILD TO REGISTER FOR THIS WEBSITE.

A PARENT ALLOWING A CHILD TO REGISTER FOR THIS WEBSITE, BY ACCEPTING THESE TERMS AND CONDITIONS, IS PROVIDING THEIR CONSENT AS DESCRIBED IN THE COPPA POLICY FOR THIS WEBSITE available at:
http://tkd1online.com/notice-to-parents/

REVISIONS TO THESE TERMS AND CONDITIONS WITHOUT NOTICE

These Terms and Conditions are dynamic and may change from time to time. You should not assume that they will remain the same and you agree to check the policy each time you visit the website for changes. We may post a notification of revised terms on the website or provide you information via email if the site owner believes the changes to be material, but otherwise, you will receive no notification of changes to these Terms and Conditions nor, under any circumstances, does the website owner promise notification. Your continued use of this website always evidences your acceptance of these Terms and Conditions or any modifications.

DISPUTES

IT IS IMPORTANT THAT YOU READ THIS ENTIRE SECTION CAREFULLY BECAUSE IT AFFECTS YOUR LEGAL RIGHTS. THIS SECTION PROVIDES THAT ANY DISPUTE BETWEEN YOU AND THE WEBSITE OPERATOR MUST BE RESOLVED BY BINDING ARBITRATION THAT REPLACES THE RIGHT TO GO TO COURT BEFORE A JUDGE OR A JURY, AND MAY LIMIT YOUR RIGHTS TO DISCOVERY OR TO APPEAL. IT FURTHER PROVIDES THAT YOU WILL NOT BE ABLE TO BRING A CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN COURT, NOR WILL YOU BE ABLE TO BRING ANY CLAIM IN ARBITRATION AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. Either you or the website operator may, without the other’s consent, elect mandatory, binding arbitration of any claim, dispute, or controversy raised by either you or the website operator against the other arising from this Agreement or your use of the website (the “Claim” or “Claims”). All Claims are subject to arbitration, no matter what theory they are based on or what remedy they seek, whether legal or equitable. Neither you nor the website operator consents or agrees to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed with an arbitration on a class or representative basis. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. Arbitration shall be conducted pursuant to the rules of the American Arbitration Association which are in effect on the date a dispute is submitted to the American Arbitration Association.  Information about the American Arbitration Association, its rules, and its forms are available from the American Arbitration Association, 335 Madison Avenue, Floor 10, New York, New York, 10017-4605.  You agree that the arbitration will take place in the city or county of the website owner. The arbitration shall be before a single arbitrator. The arbitrator will apply applicable substantive law, including the applicable statute of limitations, and will honor claims of privilege recognized at law. The arbitrator will have the power to award to a party any damages provided for under applicable law, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court.

In no case shall the viewer, visitor, member, subscriber or customer have the right to go to court or have a jury trial.  Viewer, visitor, member, subscriber or customer will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator’s decision will be final and binding with limited rights of appeal.

The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, and travel expenses.

JURISDICTION AND VENUE

If any matter concerning this purchase shall be brought before a court of law, pre- or post-arbitration, Visitor agrees to that the sole and exclusive jurisdiction will be the nearest appropriate state or Federal court (depending on the nature of the claim) to the city which is described in the contact information of the website operator (e.g., if the website operator is in Syracuse, New York, the sole and exclusive jurisdiction would be the nearest appropriate state or Federal court to Syracuse, New York).

APPLICABLE LAW

Visitor agrees that the applicable law to be applied shall, in all cases, be that of the state of the website owner.

INQUIRIES, QUESTIONS, COMMENTS, OR REPORT OF INCIDENTS

Please refer to this website’s Contact page for information on where to direct inquiries, questions, comments or reports of incidents.