Acceptance of Terms of Service
These Terms of Service govern your use of all websites published by Divas In Defense (‘DID’). By using, visiting, or browsing DID’s websites, you accept and agree to be bound by these Terms of Service. If you do not agree to these Terms of Service, you should not use DID’s websites.
Changes to Terms of Service
DID reserves the right, from time to time, with or without notice to you, to change these Terms of Service in our sole discretion. The most current version of these Terms of Service is posted on the site, and can be reviewed by clicking on the “Terms of Service” link located at the bottom of most of the sites’ pages. The most current version of the Terms of Service will supersede all previous versions. Your use of the DID websites after changes are made means that you agree to be bound by such changes.
As a customer of a DID program, you agree that we are permitted to charge or debit, as applicable, your fees and any applicable tax or other charges you may incur in connection with your use of DID’s services. As used in these Terms of Service, “billing” shall indicate either a charge or debit, as applicable, against your Payment Method. The fee will be billed according to the terms on your registration page (the page where you entered your account information). You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes. We will automatically bill your Payment Method for each billing period on the calendar day corresponding to the commencement of your membership. If you want to use a different Payment Method or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by contacting us at firstname.lastname@example.org.
Note that fees are not refundable for any reason; it is your responsibility to confirm that this program is a good fit for your goals and to do the work required to successfully complete this course prior to signing up. Also, installments, if offered, are offered as a convenience to you and are not part of a subscription that may be cancelled. You agree to pay all installments due even if you choose not to complete the course; we rely on the good faith of our members to be able to offer installments.
Your right to use a DID program is conditional upon our receipt of payment. If payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, we reserve the right to immediately and without notice, either suspend or terminate your access and account, thereby terminating this Agreement and all DID obligations hereunder. You are required to pay any amounts still owed to us at the time your account is suspended or terminated. Terminations are not retroactive. If you have an outstanding balance due on any DID account, you hereby agree that DID may charge these unpaid fees to your credit card.
For programs that allow you access to a password-protected site, DID works to make your online experience as customized and personalized as practical. In order to provide you with ease of access to your account, DID may place a cookie (a small text file) on any computer from which you access DID’s websites. When you revisit DID’s websites, this cookie will enable us to recognize you. This allows DID to automatically determine your account access privileges while allowing you to navigate the websites without having to repeatedly log in. It also helps us understand and meet your interests and needs; allow tracking and authentication of your use of the message boards; and more accurately collect other information, such as survey data. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer.
Disclaimers of Warranties and Limitations on Liability
DID’s websites and its contents are provided “as is” and we make no representations or warranties of any kind with respect to DID’s websites or its contents. We assume no liability or responsibility for any errors or omissions in the content of DID’s websites, any interruptions, failures, or delays in the delivery of any content contained on DID’s websites, any losses or damages arising from the use of the content provided on DID’s websites, or any conduct by users of DID’s websites. We disclaim all representations and warranties, including, for example, non-infringement, warranties of merchantability, and fitness for a particular purpose. In addition, we do not represent or warrant that the information accessible via our sites is accurate, complete or current.
In no event shall DID, its shareholders, directors, officers, or employees be liable (jointly or severally) to you for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of this information. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
You agree to indemnify, defend, and hold DID and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, employees, and representatives harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys’ fees and disbursements) which arise directly or indirectly out of or from (i) your breach of this Agreement, (ii) any allegation that any materials that you submit to DID or post on message boards infringe or otherwise violate the copyright, trade secret, trademark or other intellectual property rights of a third party, and (iii) your access or use of the Sites and/or the Services. This indemnification shall survive in the event this agreement is terminated for any reason.
With regard to DID’s websites, you acknowledge and agree that you will not:
1. delete any legal notices, author attributions, or proprietary designations or labels on any part of the site; 2. copy or otherwise re-create the source code, reproduce, publish, distribute, transmit, display, license, create derivative works from, transfer or sell any information, software, products or services obtained through the websites; 3. transmit any content that is harmful, threatening, unlawful, or otherwise objectionable which may invade another’s right of privacy or publicity; 4. post or transmit any material that contains a virus or corrupted data; 5. impersonate any person or entity, including, without limitation, an DID entity; or falsely state or otherwise misrepresent your affiliation with such a person or entity; 6. use any of the websites’ features in a manner that limits availability of resources to other users (e.g., monopolizing the message boards, where applicable); 7. delete or revise any material posted by someone else; 8. violate any applicable local, state, national or international law; 9. submit or publish any material that infringes on patent, trademark, trade secret, copyright or other proprietary rights of any party; 10. register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any DID website if you are not expressly authorized by such party to do so; or 11. use the websites for any purpose that is unlawful or prohibited by these terms and conditions. You may not use the websites in any manner that could damage, disable, overburden or impair DID’s servers or networks, or interfere with any other user’s use and enjoyment of the websites. Furthermore, you may not attempt to gain unauthorized access to any of the accounts, computer systems or networks connected to DID through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through websites.
DID websites may include message boards and other community features. DID reserves the right to monitor any content or postings on the message boards (and other community features), but has no obligation whatsoever to do so. We also reserve the right to alter, edit or refuse to post or remove any postings or content, in whole or in part, for any reason, and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.
DID or its designated agents may remove or alter any user-created content at any time for any reason. Message boards and the other public forums are provided to support the subscription services offered. They are intended for users and subscribers and members of DID. DID staff may post material and information on these public areas. DID expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of DID or any of its subsidiaries or affiliates.
Third Party Content
In general, the content available on the DID websites is supplied by users and third parties. As such, DID distributes content without editorial control (as does a bookstore or library). Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not DID. Neither DID nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, DID neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the websites by anyone other than an authorized DID representative while acting in an official capacity.
Accounts, Passwords and Security
If any of the DID websites require you to open an account, you must complete the registration process by providing DID with current, complete and accurate information, as prompted by the applicable registration form. You acknowledge that by providing any information to DID which is untrue, inaccurate, not current or incomplete, DID reserves the right to terminate this Agreement and your continued access and use of the websites. As part of the registration process, you will be asked to select a password. You are entirely responsible for maintaining the security and confidentiality of your account and password. Further, you are entirely responsive for any and conduct through your account, whether by you or someone else. You agree to notify DID immediately of any unauthorized use of your account or any other breach of security. DID will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you may be held liable for any losses incurred by DID or another party due to someone else using your account or password.
The compilation of all content on this site is the exclusive property of DID and protected by U.S. and international copyright laws. All content included on DID’s websites, including text, graphics, photographs, button icons, images, audio/video clips, logos, designs, digital downloads, data compilations, and software, is the property of DID or its suppliers and is protected by United States and international copyright laws. They should not be reproduced or used without express written permission from DID.
Divas In Defense is pending status as registered trademarks of DID. All DID logos, graphics, button icons, scripts, page headers, and service names are now or are pending status as trademarks or trade dress of DID. DID’s trademarks, pending trademarks, and trade dress may not be used in connection with any product or service that is not DID’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits DID. All other trademarks not owned by DID that appear on DID’s websites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by DID. Any images of persons or personalities contained on DID’s websites shall not be an indication of endorsement of any particular product or our service unless otherwise specifically indicated.
Use of Information Submitted
DID is free to use any comments, concepts, reviews, information, ideas, or techniques contained in any communication you may send to DID, including, without limitation, responses to questionnaires or through postings to DID’s websites without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving DID’s websites or other websites. In addition, by posting any information on our site, submitting suggestions, or in responding to questionnaires, you grant us a nonexclusive, royalty-free license to display, use, reproduce or modify that information. Under no circumstances shall DID have any obligation whatsoever to pay a fee to any subscriber or user in connection with the Submitted Materials upon the occurrence of a transfer of all or any portion of DID’s business through a merger, sale or transfer of its assets, nor shall the sale of advertising on any of the websites give rise to any obligation to pay a fee to subscribers.
You acknowledge and agree that the websites contain proprietary and confidential information that is protected by applicable intellectual property and other laws, and are the sole property of DID or its licensors. You further acknowledge and agree that any content contained in advertisements or information presented to you through advertisers concerning DID or otherwise is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
None of the Submitted Materials disclosed or posted via community boards or other public forums shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on DID’s part and we shall not be liable for any use or disclosure of any such Submitted Materials.
Disclaimer of Liability
WARNING: Self-defense and Martial Arts are contact activities. YOU ACKNOWLEDGE THAT LEARNING SELF-DEFENSE TECHNIQUES HAS INHERENT PHYSICAL RISKS, INCLUDING INJURY AND HEALTH RISKS, AND EVEN RISK OF DEATH. YOU FURTHER ACKNOWLEDGE THAT ON THE STREET, IN REAL-LIFE SELF-DEFENSE SITUATIONS, THERE ARE NO GUARANTEES OF SAFETY. YOU AGREE THAT DIVAS IN DEFENSE AND ITS AFFILIATES AND ASSIGNEES, ARE NOT LIABLE FOR ANY INJURY, HARM, OR DAMAGE, INLCUDING ALL RISK CONNECTED HEREWITH, WHETHER FORESEEN OR UNFORESEEN, THAT YOU, YOUR FAMILY, OR YOUR CLIENTS, INCUR USING OR ATTEMPTING TO USE THIS PROGRAM, OR IN ANY SELF-DEFENSE SITUATION YOU ENCOUNTER. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS DIVAS IN DEFENSE AND ITS AFFILIATES AND ASSIGNEES FOR ANY INJURIES, HARM, OR DAMAGE THAT MAY RESULT. THIS INCLUDES ANY CLAIM BY YOU, OR YOUR FAMILY ESTATE, HEIRS OR ASSIGNS, ARISING OUT OF YOUR STUDY OF THESE MATERIALS. YOU FURTHER ACKNOWLEDGE THAT YOU ARE IN GOOD PHYSICAL AND MENTAL HEALTH AND HAVE CONSULTED A PHYSICIAN PRIOR TO STARTING THIS OR ANY OTHER FITNESS-RELATED TRAINING PROGRAM.
THE PROGRAMS ON DID WEBSITES ARE MEANT ONLY FOR NON-CONTACT FITNESS AND NOT FOR ANY FORM OF SPARRING, FIGHTING, OR CONTACT WITH ANOTHER PERSON. NOR ARE THEY MEANT FOR ANY FORM OF “FULLâ€ OR â€œPARTIAL FORCE” PUNCHING OR KICKING. ANY EXERCISE THAT IS BASED ON BOXING, KICKBOXING, OR MARTIAL ARTS IS MEANT TO BE DONE IN SLOW MOTION, ALONE AS SHADOW BOXING, OR LIGHTLY/GENTLY.
IF YOU ARE TAKING OUR CERTIFICATION PROGRAM, YOU ACKNOWLEDGE THAT THIS PROGRAM IS A BASIC CERTIFICATION PROGRAM PROVIDING BASIC EDUCATION AND INFORMATION. CERTIFICATION THROUGH DID INDICATES THAT YOU HAVE DEMONSTRATED INTELLECTUAL UNDERSTANDING OF THE MATERIALS IN OUR PROGRAMS, AND NOT THE PROVEN ABILITY TO TEACH CLIENTS SAFELY OR EFFECTIVELY. FURTHER TRAINING MAY BE REQUIRED FOR YOU TO ACHIEVE YOUR GOALS AND BE ABLE TO SELF-DEFENSE TO CLIENTS SAFELY, EFFECTIVELY, OR WITHOUT INJURY. THIS PROGRAM MAKES NO CLAIMS ABOUT YOUR OWN OR YOUR CLIENTS’ SAFETY, NOR DOES IT ASSUME ANY LIABILITY WHATSOEVER FOR WHAT OCCURS UNDER YOUR DIRECT OR INDIRECT SUPERVISION OF CLIENTS.
IN ADDITION, OUR CERTIFICATION PROGRAM IS IN NO WAY INTENDED TO QUALIFY YOU FOR LIABILITY INSURANCE. IF YOU HAVE PURCHASED OR PURCHASE LIABILITY INSURANCE AT ANY TIME BEFORE OR AFTER YOUR MEMBERSHIP, YOU EXPLICITLY AGREE THAT DID, ITS AFFILIATES HAVE MADE NO REPRESENTATIONS ABOUT YOUR ABILITY TO OFFER SELF-DEFENSE PROGRAMS SAFELY OR WITHOUT INJURY, AND THAT WE ASSUME NO RESPONSIBILITY OR LIABILITY FOR YOUR USE OF THE MATERIALS IN THIS PROGRAM.
You have the responsibility to check with applicable laws in your jurisdiction regarding whether the approaches we suggest meet legal or licensing requirements, or standards, in your jurisdiction.
Finally, DID makes no claims about the amount you can earn as a Self-Defense Trainer. The Fitness and Self-Defense professions are competitive, and the people in it have varying degrees of skill and ability. How much you earn depends on your own persistence and commitment. DID is in no way liable or responsible for the business results you achieve. You should consult legal, accounting, other marketing professionals, and other resources to fully assess your risks.
Your Conduct on DID’s Websites
By accessing DID’s websites, you agree not to upload, post, email or otherwise send or 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 associated with DID’s websites. You also agree not to interfere with the servers or networks connected to DID’s websites or to violate any of the procedures, policies or regulations of networks connected to DID’s websites, the terms of which are incorporated herein. You further agree not to impersonate any other person while using DID’s websites, conduct yourself in a vulgar or offensive manner while using our service, or use DID’s websites for any unlawful purpose.
Limitations on Use
You must be 11 years of age or older to use DID’s service. Unless otherwise specified in writing, the content on DID’s websites is for your personal and non-commercial use and we grant you a limited license to access DID’s websites for that purpose. Without our express written consent, you may not download (other than through page caching necessary for personal use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from, DID’s websites. Any unauthorized use of DID’s websites or its contents will terminate the limited license granted by us.
Right to Terminate
We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.
Some of the links on DID’s websites may lead to other websites that are not controlled by, or affiliated with, DID. In addition, other websites may link to DID’s websites. DID has not reviewed these websites and is not responsible for the content or privacy policies of these websites.
This Agreement and the relationship between you and DID shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict of law provisions. You and DID irrevocably agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the county of Fulton, in the State of Georgia, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. The failure of DID to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed herefrom and shall not affect the validity and enforceability of any remaining provisions. The section titles in this Agreement are for convenience purposes only and have no legal or contractual effect. This Agreement is not assignable, transferable or sub-licensable by you except with our prior written consent. However, we may assign this Agreement to any third party whom we choose without your consent. No waiver by DID of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default. [/one_on_one]