The CHIKARACLUB service refers to the Chikaraclub.com subscription service (including our website, web application, associated user interfaces and all content and software, as well as all other features and functionality associated with those services) that give subscribers access to view and discover our content (as defined below) on the internet for compatible devices (as defined below).
CHIKARA KARATE LLC, is a U.S. limited liability company, having its registered office at 759 SW Federal Highway suite 304, Stuart FL. ZIP 34994
with EIN 30-1329528 and contact information at email@example.com: operates and provides you with the CHIKARACLUB.COM Service (“CHIKARACLUB”, “we”, “us”, “our”).
- Your use of the CHIKARACLUB Service means that you accept and agree to the terms of this Agreement. If you do not agree to the terms of this Agreement, do not use the CHIKARACLUB Service.
- You are responsible for exercising within your limits.
Consult your physician before using the CHIKARACLUB Service and follow his or her recommendations. Do not use the CHIKARACLUB Service if you have a history of chest pain, or if you have had knee, ankle, wrist, shoulder, joint or spine (back or neck) problems or injuries. Read and follow all safety guidelines provided as part of the CHIKARACLUB Service..
If you are unfamiliar with the CHIKARACLUB Service exercises, visit Chikaraclub.com for more information on the form before participating for the first time. If at any time you feel that you are exercising beyond your current fitness abilities, or feel discomfort, pain, dizziness or nausea, you should stop exercising immediately.
Nothing in the CHIKARACLUB Service constitutes medical or professional advice or care. We do not guarantee any athletic results or improvements in exercise, health, weight loss or fitness for users of the CHIKARACLUB Service.
You are responsible for exercising within your limits and assume all risk of injury to your person or property resulting from your use of the CHIKARACLUB Service.
To access and view the Content you must:
- register an account for the CHIKARACLUB Service (“chikaraclub.com Account”); and
- (purchase a CHIKARACLUB Service subscription (“Subscription”).
To create a CHIKARACLUB Account, purchase a subscription and use the CHIKARACLUB Service, you must:
- In order to purchase a subscription, you must be at least 18 years old (or be of legal age in your territory of residence if you are over 18 years old). The minimum age to participate in Chikaraclub.com is 11 years old.
- Have access to the Internet; and indicate a current and valid payment method that we can accept (confirmed during the online registration process).
- Your Subscription, which will be annual and will automatically renew for a subsequent subscription period unless and until cancelled by either you or us in accordance with this Agreement.
- You can find more information about your subscription with us at any time, including the renewal date and price of your Subscription, by logging into your Chikaraclub.com Account and clicking on “My Account”.
- During your Subscription, we grant you a limited, non-exclusive, non-transferable, non-assignable license to access the CHIKARACLUB Service to view the Content only via streaming (live or recorded for one week).
- Except for this license, no right, title or interest in the Content or the CHIKARACLUB Service is transferred to you. You may not reproduce, perform, display or perform the CHIKARACLUB Service or the Content for any commercial purpose or in any public place.
- People under 18 years of age (or the age of majority in their territory of residence if over 18 years of age) may use the CHIKARACLUB Service using the CHIKARACLUB Account of their parent or legal guardian only:
- with the consent and supervision of the applicable parent or legal guardian; and
- subject to the terms of this Agreement.
- You, if you are the parent or legal guardian of a minor, are responsible for monitoring and supervising the minor’s use of the CHIKARACLUB Service when viewing any Children’s Content.
- If you are the parent or legal guardian of a minor who is authorized to use the CHIKARACLUB Service, you should consult with your child’s physician before using the CHIKARACLUB Service with your child and follow his or her recommendations. Do not allow your child to use the CHIKARACLUB Service if your child has a history of chest pain, or if your child has had knee, ankle, wrist, shoulder, joint or spine (back or neck) problems or injuries. Read and follow all safety guidelines provided as part of the CHIKARACLUB Service. If at any time you feel that your child is exercising beyond his/her current fitness abilities, or feels discomfort, pain, dizziness or nausea, you should stop doing CHIKARACLUB is intended to be medical or professional recommendations or attention. We do not guarantee any athletic results or improvements in exercise, health, weight loss or fitness of users of the CHIKARACLUB Service.
- The availability and quality of the CHIKARACLUB Service and Content may vary from computer to computer and device to device due to various factors, such as your location, your carrier, the bandwidth available through your Internet connection or the speed of your connection. An Internet connection of at least 3 MB/s is required to play standard definition Content on the CHIKARACLUB Service, and 5 MB/s is required to stream high definition content on the CHIKARACLUB Service. If your Supported Device, or any other device, hardware or equipment, provided by another party is not working properly, you should contact the equipment provider or manufacturer, rather than us, about the problem.
- You are responsible for all third party services necessary to enable you to access the CHIKARACLUB Services (including your Internet service provider and your electric service provider) and all obligations and charges you may owe (including, without limitation, broadband or mobile data charges and electricity charges). If there is a problem with a service provided by another provider, you should contact that provider about the problem.
Service updates and changes
- We may make regular updates and changes to any element of the CHIKARACLUB Service or Content, for example, to (i) ensure compliance with applicable laws or reflect changes in relevant laws and regulatory requirements, such as mandatory consumer laws; (ii) perform temporary maintenance, correct errors, implement technical adjustments and make improvements; (iii) update, upgrade, modernize or modify the CHIKARACLUB Service; (iv) alter the structure, design or layout of the CHIKARACLUB Service, such as rebranding; (v) for security purposes; and (vi) for anti-piracy purposes. In particular, the availability of Content may change from time to time (for various reasons, such as when the relevant rights holders withdraw or limit our right to use such Content on the CHIKARACLUB Service). Therefore, we have the right to add or remove Content at any time, with or without notice. You acknowledge and agree that the Content is variable and will change from time to time without notice to you.
- There may also be times when we may need to remove certain features or functions or stop allowing certain devices or platforms to access the CHIKARACLUB Service.
- If changes to any element of the CHIKARACLUB Service are likely to adversely affect your access to or use of the CHIKARACLUB Service in more than a minor way, we will notify you at least 30 days in advance and give you the right to cancel. If you do not cancel your Subscription after we have notified you of any changes and before the changes occur, and you continue to use the CHIKARACLUB Service, unless prohibited by law, you agree that this constitutes your acceptance of the changes.
Changes to this Agreement
We may change the terms of this agreement from time to time.
- Circumstances in which we may change the terms of this Agreement may include (without limitation), to comply with applicable laws, to give you additional information about the CHIKARACLUB Service, if we must make changes to the CHIKARACLUB Service in order to improve it, or for safety or security reasons.
- We will notify you at least 30 days before we make any material changes to the terms of this Agreement, unless the changes must be implemented quickly for security, legal or regulatory reasons, in which case we will notify you of the changes as soon as we can. If any change in the terms of this Agreement materially disadvantages you or will materially affect the availability of the CHIKARACLUB Service, we will notify you 30 days prior to the changes taking effect and you may choose to cancel your Subscription before the changes take effect.
- Your continued use of the CHIKARACLUB Service after any change to the terms of this Agreement constitutes your acceptance of the amended terms of this Agreement. The most recent terms and conditions of this Agreement will always be available on the CHIKARACLUB Service from the effective date of such updated terms and conditions of this Agreement.
By purchasing a Subscription and indicating or designating a Payment Method, you authorize us to charge you the fee for your Payment Method at the then-current price (“Subscription Fee”).
- The Subscription Fee will be charged at the beginning of the payment portion of your Subscription.
- You must cancel your Subscription before the end of your current Subscription period to prevent your payment method from being charged the Subscription Fee for the next period.
- Unless required by law, and except when you cancel your service within the statutory cancellation period, there are no refunds or credits for partially used periods.
- All charges must be in the currency specified at the time you sign up for your Subscription.
- If a payment does not clear properly and you do not correct the payment method information or cancel your CHIKARACLUB Account, we may retry the payment method and/or suspend your access to the CHIKARACLUB Service until we have obtained a valid payment method. When you update your payment method in your CHIKARACLUB Account, you authorize us to charge the updated payment method for any amounts not received and for your Ongoing Subscription Fee. This may result in a change to your payment dates or subscription period.
We may change the price of your Subscription from time to time.
- Price changes will be applied at least 30 days after your notification. We will inform you of the date by which any price change is due.
- If we notify you of a price change and you do not wish to continue your Subscription at the new price, you may cancel your Subscription before the start of the next subscription period by following the steps in clause 13 (Cancellation and Termination) below. If you continue to use the CHIKARACLUB Service after the start of your next subscription period, you consent to the price change and do not need to take any further action.
- We will ensure that the price of your Subscription does not change until the start of your next subscription period.
You may cancel your Subscription at any time and you will continue to have access to the CHIKARACLUB Service until the end of your current subscription period.
- To cancel your subscription, log in to your CHIKARACLUB Account and send us an email to firstname.lastname@example.org to cancel your Subscription.
- If you cancel your subscription, your CHIKARACLUB Account will be automatically closed at the end of your current subscription period.
Right of withdrawal
You have a legal right to cancel your Subscription with us within 14 days of purchase. You can unsubscribe by sending an email to the following email address: email@example.com
How to terminate your right to use the service
We may terminate your right to use all or part of the CHIKARACLUB Service or your Subscription immediately if we have reasonable grounds to believe that you have breached this Agreement or if you are using the CHIKARACLUB Service, Content or your Subscription in any way that is not fraudulent or unlawful. If what you have done may be appropriate, we may give you a reasonable opportunity to do so.
- If we decide to discontinue any part of the CHIKARACLUB Service, we will give you 30 days’ prior notice (unless we have to discontinue the CHIKARACLUB Service (or any part of it) more promptly for legal reasons, including to comply with a court order).
- If we terminate your rights to use the CHIKARACLUB Service or your Subscription, you must discontinue all activities authorized by this Agreement, including use of the CHIKARACLUB Service or your Subscription.
You must not do, or permit any third party to do, any of the following:
- Attempt to copy, reproduce, publish, transmit, retransmit, archive, download (except through caching necessary for personal use), distribute, modify, display, perform, license, transfer, exchange, translate, create derivative works from, offer for sale or use the content or information contained on or through the CHIKARACLUB Service without our express written permission;
- Use the CHIKARACLUB Service for public performances, including, without limitation, performances at or for any karate or fitness facility;
- Use the Content to teach or instruct a karate or fitness class;
- Circumvent, remove, alter, disable, degrade or defeat any of the CHIKARACLUB Service’s content protections.
- Use any robot, spider, scraper or other automated means to access the CHIKARACLUB Service;
- Decompile, reverse engineer or disassemble any software or other products or processes accessible through the CHIKARACLUB Service (except as permitted by applicable law);
- Insert any code or product or manipulate the content of the CHIKARACLUB Service in any way;
- Use any method of data mining, data collection or extraction;
- Infringe the rights of third parties;
- Transmit any defamatory, offensive or objectionable material in connection with your use of the CHIKARACLUB Service. We may modify or remove any material that is deemed defamatory, offensive or illegal, or that infringes the rights of any other person;
- Access, view or purchase the CHIKARACLUB Service through a virtual proxy network;
- Upload, post, email or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the CHIKARACLUB Service, including software viruses or any other computer code, files or programs. (N) trainings shall be for individual use only and may not be conducted with persons other than those duly authorized.
- Pay Subscription Fees;
- Comply at all times with the terms of this Agreement;
- Use the CHIKARACLUB Services for your own personal, non-commercial use, and not for any commercial or business purpose;
- Ensure that all information you provide us with is correct at all times and notify us immediately of any changes to your contact details;
- Follow the instructions and direction is we provide regarding the use of the CHIKARACLUB Service and use the CHIKARACLUB Service only in accordance with all applicable laws, rules and regulations;
- Assume responsibility and liability for any use by any other person (authorized or unauthorized) of the CHIKARACLUB Services provided by us, including, without limitation, any charges associated with such use and any consequences if an applicable person forfeits the CHIKARACLUB Services or breaches this Agreement or suffers damage or damage to your property;
- Ensure that all of you are responsible for and may use or do anything in connection with the CHIKARACLUB Services also comply with the responsibilities set forth in this Agreement; and
- You are responsible for configuring your information technology, computer Content and compatible Devices to access our website, the application and the CHIKARACLUB Service. You must use your own virus protection software.
Passwords and account access
- Your control over your CHIKARACLUB Account is exercised through your username and password. To maintain exclusive control over your CHIKARACLUB Account, you must not disclose your password to anyone. You are responsible for all access to and use of the CHIKARACLUB Service through your CHIKARACLUB Account. You agree to notify us immediately if you become aware of or suspect any unauthorized use of your password or username. You are responsible for updating and maintaining the truthfulness and accuracy of the information you provide to us in connection with your CHIKARACLUB Account.
- To facilitate your access to your CHIKARACLUB Account and to help administer the CHIKARACLUB service, we may implement technology that allows us to recognize you and give you direct access to your CHIKARACLUB Account without the need to re-enter any password or other user identification when you revisit the CHIKARACLUB service, including access through Supported Devices or our website.
- We reserve the right to suspend any CHIKARACLUB Account at any time, with or without notice to the subscriber, in order to protect ourselves and our partners from what we reasonably consider to be fraudulent activity (once a suspension has been put into effect, we will notify you as soon as possible). Any suspension placed on a CHIKARACLUB Account will last no longer than 10 business days, after which we will either terminate this Agreement or reopen your CHIKARACLUB Account. We are not obligated to give credits or discounts on a Subscription for suspensions imposed on a CHIKARACLUB Account in circumstances where your act or omission constitutes fraudulent activity on your CHIKARACLUB Account or if you breach your obligations under this Agreement.
- The CHIKARACLUB Service and the Content are protected by copyrights, trademarks, trade secrets or other intellectual property rights owned by or licensed to us.
- You have no intellectual property rights in or to the CHIKARACLUB Service or any Content other than the right to use them in accordance with this Agreement.
- You may not remove, alter or otherwise tamper with any copyright notices or other proprietary marks contained on the CHIKARACLUB Service or any Content. Any copying, access, transfer, public performance or communication to the public or other use of the CHIKARACLUB Service or any Content that is not expressly authorized by applicable law or this Agreement will constitute an infringement of applicable intellectual property rights and a breach of this Agreement. In the event of applicable infringement, we may, without prior notice or prior intervention by a court or arbitration body, block your access to the CHIKARACLUB Service and terminate any Subscription you may have and pursue any rights or remedies we may have available to us.
- All of our trademarks and trade dress, as well as the products and services described, are trademarks, service marks or registered trademarks of us, and may not be copied, imitated or used, in whole or in part, without our prior written permission. For the avoidance of doubt, you may not use any trademark in any domain name or in any account name or user ID for any social networking site or blog. All page headers, custom graphics, button icons and scripts are protected by copyright or service marks, trademarks or trade dress of ours and may not be copied, imitated or used, in whole or in part, without our prior written permission. Our trademarks, service marks and trade dress may not be used in any manner that is likely to cause confusion among the public or in any manner that disparages or discredits us. All other trademarks, service marks, registered trademarks, product and service names, company names or logos appearing on the CHIKARACLUB Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
The CHIKARACLUB Service may allow you to submit or post comments on Content. You agree that no comments submitted to or posted from your account:
- Contain nothing that is harmful, offensive, defamatory, illegal or of an objectionable nature;
- Attempt to impersonate any third party or contain confidential or personal information belonging to a third party;
- Contain spam or unsolicited or unauthorized advertising; or infringe the rights (including intellectual property rights) of any third party.
- When we reasonably believe that a comment submitted to or posted from your account violates any other term of this Agreement, we may, in our sole discretion:
- Delete or modify your comment;
- Advertirle de que su comentario incumple cualquier término del presente Contrato; o
- Temporarily or permanently disable your ability to submit, post or view comments on the Content.
- If you post content or submit material, and unless we indicate otherwise, you grant us and our partners a non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish and translate, create derivative works from, distribute and display such content in any media throughout the world.
Our responsibility to you
- Other than liability arising from the circumstances set forth above, our total liability to you for all loss or damage arising from your use of the CHIKARACLUB service or your subscription shall in no event exceed the amount you have paid for your subscription.
- Unless we are in breach of our warranties of legal compliance, we cannot guarantee that the chikaraclub.com service will be error-free or that your access will be uninterrupted (for example, there may be downtime for maintenance or upgrades, or any power or server outages, or any other reason beyond our control); however, when technical problems become known, we will always try to fix them.
- Unless we would validate a breach of our warranties of legal compliance, please note that we are not responsible for any lack of functionality or failure to provide any part of the chikaraclub.com service, nor any loss of content or data due to: your equipment, devices, operating system or internet connection, the fact that you have not downloaded the most recent published version of the chikaraclub.com service or you have not complied with the compatibility requirements or the consequences of changing your equipment, device, operating system or internet connection.
If any provision or part of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If no modification is possible, the provision in question or portion of the provision shall be deemed deleted. Any modification or deletion of a provision or part of a provision under this clause shall not affect the validity and enforceability of the remainder of this Agreement.
Transfer of rights
The agreement between us and you is personal to you and no third party is entitled to benefit under it. You agree that we may transfer our rights and obligations under this Agreement to any corporation, company or person provided that your subscription is not adversely affected as a result of any such transfer. You may not transfer your rights or obligations under this Agreement to any other person.
We will send you information related to your account and subscription (e.g., payment authorizations, invoices, password or payment method changes, confirmation messages, content and feature updates, and other service or transactional messages) by email to the email address provided during registration. You agree that any notice, agreement, disclosure or other communication we send to you electronically will satisfy any legal communication requirements, including applicable written communications.
If you have any complaints, please contact us in the first instance using the details on our website.
You can contact us by writing to firstname.lastname@example.org.
You have the right to withdraw from this contract within 14 days without giving any explanation. The withdrawal period will expire after 14 days from the day of the conclusion of the contract.
To exercise the right of withdrawal, you must inform CHIKARACLUB of your decision to withdraw from this contract by means of an unequivocal statement (e.g. a letter sent by post or e-mail).
In order to comply with the withdrawal deadline, it is sufficient for you to send your communication regarding the exercise of the right of withdrawal before the expiry of the relevant deadline.
Effects of withdrawal
If you withdraw from this contract, we will reimburse to you all payments we have received from you, including the costs of delivery (with the exception of any additional costs resulting from your choice of a type of delivery other than the cheapest standard type of delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed of your decision to withdraw from the contract. We will carry out such refund using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any charges as a result of such refund.
If you requested to commence the provision of services during the withdrawal period, you shall pay us the amount proportionate to what has been provided to you up to your communication of withdrawal from this contract, as compared to the full coverage of the contract.
Model withdrawal form:
Complete and send this email only if you wish to withdraw from the contract.
- To: email@example.com
- I (*) hereby give notice that I/we withdraw from my/our () contract for the provision of the following service: [insert name of service and type of subscription].
- Member’s name
- Member’s e-mail account
LAST UPDATED: NOVEMBER 20, 2022