THE FOLLOWING TERMS AND CONDITIONS APPLY TO ALL SALES AND USES OF THIS SITE. PLEASE REVIEW CAREFULLY. THESE TERMS AND CONDITIONS INCLUDE LIMITED WARRANTIES, AND DISCLAIMERS OF LIABILITY AND ARBITRATION PROVISIONS. VIEWING, USING, OR ALLOWING USE OF THIS SERVICE INDICATES YOUR AGREEMENT TO THESE TERMS.
By using the Technika, you agree to be bound by this Agreement. The term "User" refers to those persons who register to utilize our services. You are only authorized to use Technika (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Technika website and discontinue use of the Technika service immediately. You must read this Agreement and indicate your acceptance during the Registration process.
Servo may modify this Agreement from time to time and such modification shall be effective upon posting by Servo on the Technika website. You agree to be bound to any changes to this Agreement when you use Technika after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Servo reserves the right, in its sole discretion, to terminate your access to all or any part of Technika at any time, for any or no reason, with or without prior notice, and without liability.
Eligibility - Use of Technika is void where prohibited. Children are not eligible to use our services, and we ask that minors (under the age of 18) not submit any personal information to us. By using Technika, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the Technika does not violate any applicable law or regulation. As per the Children's Online Privacy Protection Act, any information we receive from people we believe to be under the age of 18 will be purged from our database, and you hereby acknowledge that your postings may be deleted and your Membership may be terminated without warning, if we believe that you are under the age of 18.
Fees - You acknowledge that Servo has the right to charge for Technika and to change its disclosed fees from time to time at its discretion. Access to video content is limited to specific courses; each course may have its own associated subscription fee. You may therefore incur multiple subscription charges depending on which courses to which you choose to subscribe.
Charges (as indicated on the course subscription form) -
Non-commercial Use by Members - Technika is for the personal use of its Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Servo. Appropriate legal action will be taken for any illegal or unauthorized use of Technika content.
Copyright Policy - Content provided on Technika is copyrighted and wholly owned by its respective content creators. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to Servo or its content providers from the Technika site. You agree not to access Technika content through any technology or means other than the video playback pages of the website itself, an authorized mobile app, or other explicitly authorized means Servo may designate.
Disclaimers - Inclusion of any linked website on Technika does not imply approval or endorsement of the linked website by Servo. When you access these third-party sites, you do so at your own risk. Servo is not responsible for the conduct, whether online or offline, of any User of Technika. Servo assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication. Servo is not responsible for any problems or technical malfunction of any network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on Technika or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with Technika.
By buying, subscribing, using, providing, or allowing the use of Technika, you understand and agree that you are participating in or performing martial arts, which is inherently a high risk activity. Therefore, to the maximum extent permitted by law, YOU EXPRESSLY AND VOLUNTARILY ASSUME THE RISK OF ANY LOSS OR DAMAGE, INCLUDING DEATH OR ANY PERSONAL INJURY SUSTAINED WHILE PARTICIPATING IN SUCH ACTIVITIES WHETHER OR NOT CAUSED BY THE NEGLIGENCE OR OTHER FAULT of Servo or its Partners resulting from use of Technika, attendance at a Technika event, from any Content posted on or through Technika, or from the conduct of any Users of Technika, whether online or offline.
Additionally, you agree to indemnify, defend and hold Servo and its Partners harmless from any Third Party claims arising from your use of Technika or any video content viewed on this service.
Technika and its content is provided "AS-IS" and as available and Servo expressly disclaims any warranty of fitness for a particular purpose or non-infringement. You understand that this content is NOT intended to provide medical advice and that the results provided to you by Technika is for entertainment purposes only. Servo cannot guarantee and does not promise any specific results from use of Technika. Use of the content provided on Technika may be of a demanding physical nature and you agree to seek the consultation of a medical physician to determine that you are fit to participate in this type of activity.
Limitation of Liability - IN NO EVENT SHALL SERVO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF SERVO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SERVO'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SERVO FOR THE TECHNIKA SITE DURING THE TERM OF MEMBERSHIP.
Binding Arbitration - If there is any dispute about or involving the Technika site, you agree that all such disputes will be arbitrated according to the rules of the American Arbitration Association in Chicago, IL, including any dispute about the scope of this arbitration agreement, and including all questions about the types of disputes that are subject to this arbitration agreement, all of which you agree will be decided by the arbitrators, it being your intent that this arbitration agreement be broadly construed, and that the decision of the arbitrators will be final. Any issue concerning the extent to which a dispute is subject to arbitration, or concerning the applicability, interpretation, or enforceability this agreement, including any contention that all or part of this agreement is invalid or unenforceable, shall be governed by the Federal Arbitration Act and resolved by the arbitrators. Further, you agree that in that arbitration there will be no depositions taken, and all other forms of discovery of facts will be limited to those things the arbitrators determine, in their sole discretion, to be necessary. Further, in that arbitration, (i) there shall be no award of punitive, exemplary, incidental, or consequential or other special damages, (ii) all damages claims and awards will be governed by the laws of the state of Illinois, and (iii) the parties will conduct the arbitration confidentially and expeditiously and will pay their own costs and expenses of arbitration, including their own attorney fees. If you are unable to afford the fee of the American Arbitration Association, you agree to notify all persons against whom you have an arbitrable claim and give them the opportunity individually and as a group to pay such fee. The proceeding and the decision shall be kept confidential by the parties. No claim may be brought as a class action, combined or consolidated with any other proceeding, nor may any proceeding be pursued in a representative capacity or on behalf of a class. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim.
Indemnity - You agree to indemnify and hold Servo, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Technika service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Technika service or through the Technika service causes Servo to be liable to another.
Return / Cancellation Policy - All sales are final. If you wish to cancel your membership, simply log into the Technika site and follow "Cancel Subscription" link from "My Settings" section of the course you wish to cancel. Cancellation will be processed at the end of the current subscription term.
Other - This Agreement is accepted upon your use of the Technika service and is further affirmed by you becoming a User. This Agreement constitutes the entire agreement between you and Servo regarding the use of the Technika service. The failure of Servo to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Technika is a trademark of Codeflow LLC dba Servo. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us at firstname.lastname@example.org with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.