Terms of Service - Elevate Martial Arts Tampa

BY USING ANY WEBSITE, MOBILE APP OR SERVICE OF Elevate Martial Arts (“Elevate Martial Arts”), YOU AGREE TO ABIDE BY THESE TERMS OF USE BETWEEN YOU AND Elevate Martial Arts, WHICH INCLUDE THE REFERENCED PRIVACY POLICY (“AGREEMENT”). IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE ANY Elevate Martial Arts WEBSITE OR TO OBTAIN ANY SERVICES FROM Elevate Martial Arts.

The Elevate Martial Arts websites and mobile apps include https://www.elevatemartialartstampa.com, and Elevate Martial Arts. Elevate Martial Arts provides numerous services.

Elevate Martial Arts reserves the right, at its discretion, to revise the terms of this Agreement and/or change, suspend, discontinue, or modify any aspect of any Website. Such modifications may include, without limitation, changes in content, in user priorities, and discontinuance of functional aspects of any Website. Your continued use of any Website after the posting of revisions to the Terms Of Use shall constitute your acceptance to be bound by the express terms of any such revisions.

CERTIFICATION OF USER.

By using or attempting to use this Website, you certify to Elevate Martial Arts that you are a resident of the United States or otherwise authorized to conduct business in the United States, are at least 18 years of age or older and have the legal capacity to enter into this Agreement.

CONTENT AND REGISTRATION.

2.1. The Website content shall mean all areas and aspects of the Website and Services including, without limitation, text, data, photos, graphics and/or video or any information whatsoever obtained through the Website (collectively referred to herein as “Information”), Elevate Martial Arts’s computers or network and any subscription or software, product, service, or information provided by Elevate Martial Arts.

2.2 Vendor Content. Elevate Martial Arts has entered into contractual relationships with certain vendors, sponsors, and advertisers of products or services (“Vendors”), pursuant to which Elevate Martial Arts may link to or display information, advertisements, discounts, products, goods, or services offered by the Vendors (“Vendor Content”). Elevate Martial Arts does not guarantee the availability or accuracy of any such Vendor Content or offers, nor does it endorse, guarantee nor insure any Vendor products or services.

2.3 Elevate Martial Arts shall not be held liable, directly or indirectly, for any loss or damage caused by your use of: (a) any external site linked to the Service, (b) Vendor Information, or (c) Vendor products or services. Statements made on the Service Area concerning the products or services of Elevate Martial Arts do not constitute an offer, but are merely solicitations of an offer.

2.4 Registration. You may browse and view certain content on the Website without registering, but as a condition to using certain other aspects of the Website or accessing certain services, you may be required to register and select a user identification and password. You agree to maintain the confidentiality of such registration information, be the sole user of such registration and use your registration solely to access the Website and to obtain Services. Elevate Martial Arts reserves the right to monitor your use of the registration and to discontinue it at any time in Elevate Martial Arts’s sole discretion. If you believe that your registration has been compromised, you must promptly change your registration information and notify us immediately.

LIMITATIONS ON USE AND USER SUBMISSIONS.

3.1. Copyright, Patent, and Trademark Notice. All content of the Website provided by Elevate Martial Arts, including, but not limited to, all text, photos, graphics, audio, software, webpage layouts or configurations, presentations in any format and/or video is copyrighted by Elevate Martial Arts or its affiliates or subsidiaries. Copyright © 2023 Elevate Martial Arts North Tampa. All rights reserved.

No portion of the Content or other materials may be directly or indirectly copied, published, reproduced, modified, performed, displayed, sold, transmitted, published, broadcast, rewritten for broadcast or publication or redistributed in any medium, whether now known or hereafter created. The foregoing prohibition includes, but is not limited to “screen scraping” or “database scraping” to obtain lists of users or other Information. Nor may any portion of the Information or other materials be stored in a computer or distributed over any network, except that you may download or print one copy of pages strictly for personal and non-commercial use; however, any print out of any page of the Website or portion thereof must include Elevate Martial Arts’s copyright notice.

Elevate Martial Arts and its associated logos, page headers, custom graphics, buttons, and other icons are service marks, trademarks, registered service marks, registered trademarks, and/or trade dress of Elevate Martial Arts. All other content product names and company logos are trademarks of their respective owners. Neither these materials, nor any portion thereof, may be stored in a computer except as reasonably necessary for personal and non-commercial use; however, any print out of any page of the Website or portion thereof must include Elevate Martial Arts’s copyright notice and/or trademark registration notice as appropriate.

3.2. Notice of Copyright Infringement. Elevate Martial Arts respects the copyrights of others. Elevate Martial Arts reserves the right, but not the obligation, to terminate your license to use the Services if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. Elevate Martial Arts has implemented procedures for receiving written notification of claimed infringements. If you believe that your copyrighted work has been reproduced on the Website in a way that constitutes copyright infringement you may notify us.

3.3. Restricted Use. You agree to use the Service Area and Information for lawful purposes only. You agree not to post or transmit any information through the Service Area which: (a) infringes any patent, trademark or copyright rights of others or violates their privacy or publicity rights, (b) is unlawful, threatening, abusive, defamatory, libelous, vulgar, obscene, profane, indecent or otherwise objectionable, or (c) is protected by patent, copyright, trademark or other proprietary right without the express permission of the owner of such right. You shall be solely liable for any damages resulting from any infringement of patent, copyright, trademark, or other proprietary rights, or any other harm resulting from your use of the Service.

3.4. Your Submission of Messages. You hereby grant Elevate Martial Arts a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, and use for any purpose all messages or other materials posted by you on the Service or any e-mail sent by you to Elevate Martial Arts (in whole or in part) and to incorporate any such messages or other materials or e-mails in any form, into other media or technology whether now known or hereafter developed.

3.5. Public messages. All electronic forums made available to users of the Service are the sole property of Elevate Martial Arts and are not a public forum. You understand and acknowledge that all information, data, files, software, music, sound, photographs, graphics, video, messages, or other materials posted by any person or entity other than Elevate Martial Arts (“Third-Party Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Third-Party Content originated. You assume total liability for all Third-Party Content that you upload, post, email or otherwise transmit via the Service. Elevate Martial Arts assumes no liability for any such Third-Party Content. You agree not to use the Service to:

Upload, post, email or otherwise transmit any Third-Party Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or hateful, or is racially, ethnically, or otherwise objectionable;

Harm minors in any way;

Impersonate any person or entity, including, but not limited to, an official or representative of Elevate Martial Arts, or falsely state or otherwise misrepresent your affiliation with a person or entity;

Forge headers or otherwise manipulate identifiers to disguise the origin of any Content transmitted through the Service;

Upload, post, email or otherwise transmit any Third-Party Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

Upload, post, email or otherwise transmit any Third-Party Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

Upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or network;

Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real-time exchanges;

Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

Intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;

“Stalk” or otherwise harass another; or

Collect or store personal data about other users.

You acknowledge that Elevate Martial Arts does not pre-screen Third-Party Content, but that Elevate Martial Arts and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Third-Party Content that is available via the Service. Without limiting the foregoing, Elevate Martial Arts and its designees shall have the right to remove any Third-Party Content that they believe violates these Terms of Use or is otherwise objectionable. You agree that you must evaluate and bear all risks associated with the use of any Third-Party Content, including any reliance on its accuracy, completeness, or usefulness.

3.6. No Responsibility for Third-Party Websites or Content. The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Elevate Martial Arts. Elevate Martial Arts does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website from the Service, you do so at your own risk, and you understand that these Terms of Use and Elevate Martial Arts’s Privacy Policy do not apply to your use of such sites. You expressly release Elevate Martial Arts from any and all liability arising from your use of any third-party website or services or third-party owned content.

3.7. No Medical or Professional Advice. The Content available through the Service is for informational and educational purposes only and is not intended to constitute medical, professional, legal, or financial advice. You should not act or rely upon any Content available through the Service without seeking the advice of a qualified professional. The Service does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Website. Reliance on any information provided by Elevate Martial Arts, its employees, others appearing on the Service at the invitation of Elevate Martial Arts, or other visitors to the Service is solely at your own risk.

3.8. Changes to Service. Elevate Martial Arts reserves the right to modify, suspend, or discontinue, temporarily or permanently, the Service or any part of it, at any time and without notice to you. Elevate Martial Arts shall not be liable to you or any third party for any such modification, suspension, or discontinuance.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY.

4.1. No Warranties. The Service is provided on an “as is” and “as available” basis without any warranties of any kind, express or implied. Elevate Martial Arts disclaims all warranties, including, but not limited to, the warranties of title, merchantability, non-infringement of third parties’ rights, and fitness for particular purpose.

4.2. Limitation of Liability. In no event shall Elevate Martial Arts, its affiliates, officers, directors, employees, agents, or licensors be liable for any indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with your use of, delay in using, or inability to use the Service, whether based on contract, tort, negligence, strict liability, or otherwise, even if Elevate Martial Arts has been advised of the possibility of damages.

4.3. Limitation of Damages. If, despite the foregoing disclaimers and waivers, Elevate Martial Arts is found liable to you for any damage or loss which arises out of or is in any way connected with your use of the Service, Elevate Martial Arts’s liability shall in no event exceed the total amount of any subscription or similar fees with respect to any service or feature of or on the Service paid in the six months prior to the date of the initial claim made against Elevate Martial Arts. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

INDEMNIFICATION.

You agree to indemnify, defend, and hold harmless Elevate Martial Arts and its officers, directors, employees, agents, licensors, and suppliers from and against all claims, losses, liabilities, expenses, damages, and costs, including, without limitation, attorneys’ fees, arising from or relating in any way to your use of the Service or violation of these Terms of Use.

GOVERNING LAW AND JURISDICTION.

These Terms of Use shall be governed by and construed in accordance with the laws of Florida, without regard to its conflict of laws principles. You agree that any legal action or proceeding arising out of or relating to these Terms of Use or your use of the Service shall be filed exclusively in the state or federal courts located in Florida, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action or proceeding.

MISCELLANEOUS.

These Terms of Use constitute the entire agreement between you and Elevate Martial Arts concerning the Service. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Elevate Martial Arts’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

UPDATES TO TERMS OF USE.

Elevate Martial Arts reserves the right to update or modify these Terms of Use at any time without prior notice. The most current version of the Terms of Use will be posted on the Website, and your continued use of the Service after any changes or modifications shall constitute your acceptance of such changes or modifications. It is your responsibility to review these Terms of Use periodically, and if you do not agree with any updates or modifications, you must discontinue your use of the Service.

TERMINATION.

Elevate Martial Arts reserves the right, in its sole discretion, to terminate your access to the Service or any part thereof at any time, with or without cause or notice. Upon termination, all rights and licenses granted to you under these Terms of Use will immediately cease, and you must cease all use of the Service. The provisions of these Terms of Use, which by their nature should survive termination, shall survive any termination.

Elevate Martial Arts respects the intellectual property rights of others and expects its users to do the same. If you believe that any Content available on the Service infringes upon your copyright, you may submit a copyright infringement notification to Elevate Martial Arts’s designated copyright agent in writing. The notification must include:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works.

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Elevate Martial Arts to locate the material.

Information reasonably sufficient to permit Elevate Martial Arts to contact you, such as an address, telephone number, and, if available, an email address.

A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

CONTACT INFORMATION.

If you have any questions or concerns about these Terms of Use or the Service, please contact us at:
Elevate Martial Arts
234a East Bearss Boulevard
Tampa, Florida 33611
[email protected]
(813) 532-0585