NYC Bujinkan Budo

	TERMS OF USE AGREEMENT These Terms of Use (collectively defined as "Agreement") apply to this website (collectively defined as "Site"), which is the website of NYC Bujinkan Budo LLC. The term "NYC Bujinkan Budo LLC," "NYC Bujinkan Budo," "Dojo," “dojo,” "us," "we," "I," "my," or "our" refers to NYC Bujinkan Budo LLC and any other companies, partnerships, corporations or other undertakings that are authorized to carry the name "NYC Bujinkan Budo LLC." Reference to NYC Bujinkan Budo LLC may be made interchangeably in the possessive singular or in the possessive plural as referring to the non-natural entity and/or its attorney(s). The term "you" and "your" refers to the user or viewer of our website. Your access or use to any part of this Site constitutes your agreement to abide by these Terms of Use in full. Please review these terms carefully. If you do not accept this Agreement, please leave this website immediately. This Agreement constitutes the entire and only agreement between NYC Bujinkan Budo LLC and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to our website and the subject matter of this agreement NYC Bujinkan Budo LLC reserves the right, in our sole discretion, to modify, alter or otherwise update this Agreement at any time and your continued use of the Site constitutes your agreement to be bound by such modifications, alterations or updates. NYC Bujinkan Budo LLC reserves the right to suspend, modify or discontinue this Site, temporarily or permanently, at any time without notice. Any of the material on this Site may be out of date at any given time, and we are under no obligation to update such material. The information, materials or documents (collectively defined as "Content") on this Site could include technical inaccuracies or typographical errors. Changes are periodically made to the Content contained herein. Recognizing the global nature of the Internet, you agree to comply with all applicable local rules regarding online conduct and acceptable content. You also agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. Our Site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. Limited License; Permitted Uses. You are granted a non-exclusive, non-transferable, revocable license to: (a) access and use the Site solely in accordance with this Agreement; (b) access and use the Site solely for informational, non-commercial purposes; (c) copy or distribute information from the Site including Content solely for informational, non-commercial purposes; (d) copy or distribute Content only in its entirety (where a document consists of one page or more); (e) provide proper copyright notices on all Content copied or distributed; (f) maintain graphic elements with accompanying text on all content copied or distributed; and (g) comply with all other policies contained therein. No printout or electronic version of any part of this Site or its Content may be used by you in any litigation or arbitration matter whatsoever under any circumstances. Restrictions and Prohibitions on Use. Your license for access and use of the Site and any information, materials or documents (collectively defined as "Content") therein are subject to the following restrictions and prohibitions on use: You may not, except for the express purposes granted by the limited license above, (a) copy, print, republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of Content retrieved from the Site; (b) use the Site or any materials obtained from the Site to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or later developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (c) create compilations or derivative works of any Content from the Site; (d) use any Site images, code, meta-data or Content from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Site; (f) make any portion of the Site available through any timesharing system, service bureau, the Internet or any other technology now existing or later developed; (g) remove, decompile, disassemble or reverse engineer any Site software including computer code and meta-data; (h) use any network monitoring or discovery software to determine the Site architecture, computer code or meta-data; (i) use any automatic or manual process to harvest information from the Site including computer code and meta-data; (j) use the Site to gather information for, transmit, or unlawfully store (1) unsolicited commercial e-mail; (2) e-mail that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; (3) malicious software or data; (4) illicit software or data; and (5) unsolicited telephone calls or facsimile transmissions; (k) use the Site in a manner that violates any state or federal law regulating e-mail, facsimile transmissions, telephone solicitations or other communications; and (l) export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of the United States. Forms, Agreements, Documents and other Content. NYC Bujinkan Budo LLC may make Content available through the Site including but not limited to sample forms, checklists, business documents and legal documents. All Content is provided on a non-exclusive license basis only for your personal one-time use for non-commercial purposes, without any right to re-license, sublicense, distribute, assign or transfer such license. Content is are provided without any representations or warranties, express or implied, as to their suitability, legal effect, completeness, timeliness, accuracy, and/or appropriateness. CONTENT IS PROVIDED "AS IS", "AS AVAILABLE", AND WITH "ALL FAULTS", AND NYC Bujinkan Budo LLC AND ANY PROVIDER OF CONTENT DISCLAIM ANY WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Content may be inappropriate for your particular circumstances. State laws may also require different or additional provisions to ensure a desired outcome in a particular situation. You should consult with legal counsel to determine the appropriate legal or business documents necessary for your particular transactions, as the Content provided by this Site are only samples and may not be applicable to a particular situation. No Representations or Warranties; Limitations on Liability. NYC Bujinkan Budo LLC MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY INFORMATION, MATERIALS OR GRAPHICS ON THIS SITE, ALL OF WHICH ARE PROVIDED ON A STRICTLY "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND. NYC Bujinkan Budo LLC HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES WITH REGARD TO ANY INFORMATION, MATERIALS OR GRAPHICS ON THIS SITE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES SHALL NYC Bujinkan Budo LLC OR ITS FOUNDER OR MEMBERS OR EMPLOYEES OR AFFILIATES, IF ANY, BE LIABLE UNDER ANY THEORY OF RECOVERY, AT LAW OR IN EQUITY, FOR LOSS, INJURY OR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, SPECIAL, DIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO LOSS OR USE OR LOST PROFITS), ARISING OUT OF OR IN ANY MANNER CONNECTED WITH THE USE OF INFORMATION OR SERVICES, OR THE FAILURE TO PROVIDE INFORMATION OR SERVICES, FROM THIS SITE. THE PROVISIONS CONTAINED IN THIS SECTION SHALL APPLY ONLY TO THE EXTENT PERMITTED BY LAW. Indemnity. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS NYC Bujinkan Budo LLC, ITS AFFILIATES AND ITS SUPPLIERS, IF ANY, AND EACH OF THEIR RESPECTIVE MEMBERS, EMPLOYEES, REPRESENTATIVES AND AGENTS, IF ANY, FROM AND AGAINST ALL CLAIMS, LOSSES, COSTS, DAMAGES, LIABILITIES AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, ATTORNEY FEES) ARISING OUT OF (A) YOUR ACTIVITIES IN CONNECTION WITH THIS WEBSITE, (B) ANY VIOLATION OF THIS AGREEMENT BY YOU, (C) ANY IMPROPER OR UNAUTHORIZED USE OF CONTENT BY YOU, (D) ANY ALLEGATION THAT ANYTHING YOU TRANSMIT THROUGH OR IN CONNECTION WITH THE WEBSITE INFRINGES OR OTHERWISE VIOLATES THE INTELLECTUAL PROPERTY, PRIVACY OR OTHER RIGHTS OF ANY THIRD PARTY, (E) ANY CONDUCT, ACTIVITY OR ACTION ENGAGED IN BY YOU WHICH IS UNLAWFUL OR ILLEGAL UNDER ANY STATE, FEDERAL OR COMMON LAW, OR VIOLATIVE OF THE RIGHTS OF ANY INDIVIDUAL OR ENTITY, ENGAGED IN, CAUSED BY, OR FACILITATED IN ANY WAY THROUGH THE USE OF SERVICES, CONTENT OR ANY OTHER SUCH SERVICE OR INFORMATION PROVIDED BY THE SITE. Linking to the Website. You may provide links to the Site only if (a) you do not remove or obscure, by framing or otherwise, the copyright notice or other notices on the website, (b) your website does not engage in illegal or pornographic activities, (c) you abide by all other terms of this Agreement, and (d) you discontinue providing links to the Site immediately upon our request. Links to Third-Party Website. NYC Bujinkan Budo LLC may provide hyperlinks to third-party website(s) as a convenience to users of this Site. NYC Bujinkan Budo LLC does not control third-party website(s) and is not responsible for and makes no representations concerning the content of any hyperlinked third-party website or any hyperlink in a hyperlinked site. NYC Bujinkan Budo LLC does not endorse, recommend or approve any third-party website or the contents of any third-party website hyperlinked from this Site. NYC Bujinkan Budo LLC shall have no liability to any entity for the content or use of the content available through such hyperlink. Leaving the Dojo's website to access any third-party website is at your own risk. Errors, Corrections and Changes. NYC Bujinkan Budo LLC does not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. The Dojo does not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. The law is constantly changing, different jurisdictions have different laws and regulations, and each legal issue depends on its individual facts. NYC Bujinkan Budo LLC may make changes to any part of the Site at any time including deleting the Site entirely. Any Content including all documents and information appearing on the Site may be edited or deleted at the Firm's sole discretion. Use of Information/Privacy Policy. NYC Bujinkan Budo LLC reserves the right, and you authorize, the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy. The Privacy Policy, as it may change from time to time, is a part of this Agreement. You may review this Privacy Policy by clicking on this link. Service Marks. "NYC Bujinkan Budo" and "NYC Bujinkan Budo", as word or design marks, are service marks owned by NYC Bujinkan Budo LLC and protected by law. NYC Bujinkan Budo LLC will vigorously protect its intellectual property and proprietary rights from infringement and misappropriation by any natural or non-natural person or entity. Copyright. © 2011 NYC Bujinkan Budo LLC, 244 Fifth Avenue, Suite 2332, New York, NY 10001. All rights reserved. Unless expressly permitted by the Dojo, the use, copying, distribution or publication of any portion of the Site or its Content is strictly prohibited. Posting of information or materials on the Site does not constitute a waiver of rights to such information and materials. Content may contain work copyrighted by third parties. NYC Bujinkan Budo LLC will vigorously protect its intellectual property and proprietary rights from infringement and misappropriation by any natural or non-natural person or entity. If you believe in good faith that possible online copyright infringement occurred involving any Dojo website, please contact our Designated Agent by clicking on this link. Operations. NYC Bujinkan Budo LLC operates as a New York limited liability company. Governing Law. Any claim with respect to the terms of use, legal notice or the materials contained on this Site shall be governed by, and construed in accordance with, the laws in effect in the state of New York without giving effect to the conflict of laws provisions. Legal Compliance. You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and Content provided therein. Unlawful Activity. NYC Bujinkan Budo LLC reserves the right to investigate complaints or reported violations of this Agreement and to take any action deemed appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, e-mail addresses, usage history, IP addresses and traffic information. Policies for Children. This Site is not directed to individuals under the age of 13, nor does it contain information that would be potentially harmful to minors in any way. However, the Dojo advises that all website visitors under the age of 13 not to disclose or provide any Personally Identifiable Information. In the event that NYC Bujinkan Budo LLC discovers that a child under the age of 13 has provided Personally Identifiable Information, such Personally Identifiable Information shall be deleted in accordance with the Children's Online Privacy Protection Act of 1998. For more information, please see the Federal Trade Commission's website for this act: http://www.ftc.gov/privacy/privacyinitiatives/childrens.html Notwithstanding the foregoing, pursuant to 47 U.S.C. Section 230(d), as amended, NYC Bujinkan Budo LLC hereby notifies you that parental control protections are commercially available to assist you in limiting access to material that is harmful to minors. Please contact your Internet Service Provider for more information on the availability of such software. Severability. If any provision of this Agreement is found for any reason to be unlawful, void or unenforceable, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. Incorporation of Privacy Policy. NYC Bujinkan Budo LLC shall use your information only as described in the Privacy Policy, which is expressly incorporated as terms of this Agreement. If you object to anything in the Privacy Policy, please do not use the Dojo's services. You may review this Privacy Policy by clicking on this link.