INTRODUCTION
This site is provided by International College of Kenshusei ("KENSHUSEI") as a service to
our members. Please review the following basic rules that govern your use
of our
Site
(the "Agreement").
Please note that your use of our Site constitutes your unconditional agreement
to follow and be bound by these Terms and Conditions. Although you may "bookmark" a
particular portion of this Site and thereby bypass this Agreement, your use
of this Site still binds you to the Terms. KENSHUSEI reserves the right
to update
or modify these Terms and Conditions at any time without prior notice. Your
use of KENSHUSEI Web site following any such change constitutes your unconditional
agreement to follow and be bound by the Terms and Conditions as changed.
For this reason, we encourage you to review these Terms and Conditions whenever
you
use this Web site. If at any time you no longer agree to be bound by these
terms and conditions, you should immediately cease use of this web site.
ELECTRONIC COMMUNICATIONS
When you visit KENSHUSEI web site or send e-mails to us, you are communicating
with us electronically. You consent to receive communications from us electronically.
We will communicate with you by e-mail or by posting notices on this site.
You agree that all agreements, notices, disclosures and other communications
that we provide to you electronically satisfy any legal requirement that
such communications be in writing.
COPYRIGHTS AND TRADEMARKS
Unless otherwise noted, all materials, including images, text,
illustrations, designs, icons, photographs, programs, video
clips and written and other
materials that are part of this Site (collectively, the "Contents")
are copyrights, trademarks, trade dress and/or other intellectual property
owned, controlled or licensed by KENSHUSEI, one of its affiliates or by
third parties who have licensed their materials to KENSHUSEI and are protected
by U.S. and international copyright laws. The compilation (meaning the
collection, arrangement, and assembly) of all content on this site is the
exclusive property
of Webmation, Inc. and is also protected by U.S. and international copyright
laws.
KENSHUSEI and its suppliers and licensors expressly reserve all intellectual
property rights in all text, programs, products, processes, technology, content
and other materials, which appear on this Web site. Access to this Web site
does not confer and shall not be considered as conferring upon anyone any license
under any of KENSHUSEI's or any third party's intellectual property rights.
No trademark or service mark license is granted in connection with the
materials contained on this website. Access to this website does not
authorize anyone
to use any name, logo or mark in any manner.
References on this Web site to any names, marks, products or services of third
parties or hypertext links to third party sites or information are provided
solely as a convenience to you and do not in any way constitute or imply KENSHUSEI's endorsement, sponsorship or recommendation of the third party, information,
product or service. KENSHUSEI is not responsible for the content of any third
party sites and does not make any representations regarding the content or
accuracy of material on such sites. If you decide to link to any such third
party web sites, you do so entirely at your own risk.
PROPRIETARY RIGHTS
The design of the Web Site, graphics, buttons,
software and all HTML, CGI and other codes and scripts in any format used
to implement,
or featured on, the Web Site (“Code”) are the property of Webmation
Inc. All information, including, without limitation the text, photographs,
videos, logos and other content in any format used, or featured on, the Web
Site (“Content”) are the property of International College of Kenshusei. The Code and Content
is for personal use only. Permission is granted to electronically copy and
to print in hard copy portions of this Web site for the sole purpose of placing
an order with International College of Kenshusei. You may not copy, modify, upload, download, transmit,
(re)publish, create derivative works from, or otherwise distribute any Code
or Content from the Web Site except as expressly permitted by these terms and
conditions. Doing so will violate International College of Kenshusei’s copyright, trademark and
other proprietary rights in Content and Webmation Inc's copyright, trademark
and other proprietary rights in Code.
All Content and Code on the Web Site is protected by United States
Copyright Law, Trademark Law and applicable international treaties and conventions
governing intellectual property law. Any and all International College of Kenshusei trademarks, logos,
page headers, custom graphics, button bars, service marks and trade names which
International College of Kenshusei uses in connection with the Web Site shall remain the exclusive
property of International College of Kenshusei. Nothing contained in the Agreement shall be deemed
to give you any rights in or to any trademarks of International College of Kenshusei. All other trademarks,
product names and company names or logos cited herein are the property of their
respective owners.
LICENSE AND SITE ACCESS
KENSHUSEI grants you a limited license to access and make personal use
of this site and not to download (other than page caching) or modify
it, or any
portion of it, except with express written consent of KENSHUSEI. You may
not frame or utilize framing techniques to enclose any trademark, logo,
or other
proprietary information (including images, text, page layout, or form)
of KENSHUSEI, our affiliates or suppliers without express written
consent. Any unauthorized
use terminates the permission or license granted by KENSHUSEI. You are
granted a limited, revocable, and nonexclusive right to create a hyperlink
to the home
page of KENSHUSEI so long as the link does not portray KENSHUSEI, its
affiliates, or their products or services in a false, misleading, derogatory,
or otherwise
offensive matter. You may not use any of KENSHUSEI’s logos or other
proprietary graphic or trademark as part of the link without express written
permission.
If you use this site, you are responsible for maintaining the confidentiality
of your account and password and for restricting access to your computer, and
you agree to accept responsibility for all activities that occur under your
account or password. If you are under 18, you may use KENSHUSEI web site only
with involvement of a parent or guardian. KENSHUSEI and its affiliates reserve
the right to refuse service, terminate accounts, remove or edit content, or
cancel orders in their sole discretion.
SITE SECURITY
Users are prohibited from violating or attempting to violate the security
of the Site, including, without limitation, (a) accessing data not
intended
for such user or logging onto a server or an account which the user is
not authorized to access; (b) attempting to probe, scan or test the
vulnerability
of a system or network or to breach security or authentication measures
without proper authorization; (c) attempting to interfere with service
to any user,
host or network, including, without limitation, via means of submitting
a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d)
sending unsolicited email, including promotions and/or advertising of
products or services; or (e) forging any TCP/IP packet header or any
part of the header
information in any email or newsgroup posting. Violations of system or
network security may result in civil or criminal liability. KENSHUSEI
will investigate
occurrences that may involve such violations and may involve, and cooperate
with, law enforcement authorities in prosecuting users who are involved
in such violations. You agree not to use any device, software or routine
to
interfere or attempt to interfere with the proper working of this Site
or any activity being conducted on this site. You agree, further, not
to use
or attempt to use any engine, software, tool, agent or other device or
mechanism (including without limitation browsers, spiders, robots,
avatars or intelligent
agents) to navigate or search this Site other than the search engine
and search agents available from KENSHUSEI on this Site and other
than generally
available third party web browsers (e.g., Netscape Navigator, Microsoft
Explorer).
USER REVIEWS, FEEDBACK, SUBMISSIONS, COMMENTS
All reviews, comments, feedback, postcards, suggestions, ideas,
and other submissions disclosed, submitted or offered to KENSHUSEI
on or by
this Site or otherwise
disclosed, submitted or offered in connection with your use of this Site
(collectively, the "Comments") shall be and remain KENSHUSEI's
property. Such disclosure, submission or offer of any Comments shall
constitute an assignment to KENSHUSEI of all worldwide rights, titles
and interests
in all copyrights and other intellectual properties in the Comments.
Thus, KENSHUSEI will own exclusively all such rights, titles and
interests and shall not be limited in any way in its use, commercial
or otherwise, of
any Comments. KENSHUSEI will be entitled to use, reproduce, disclose,
modify, adapt, create derivative works from, publish, display
and distribute any Comments
you submit for any purpose whatsoever, without restriction and without
compensating you in any way.
KENSHUSEI is and shall
be under no obligation (1) to maintain any Comments in confidence; (2) to
pay to user any compensation for any Comments;
or (3)
to respond to any user Comments. You agree that any Comments submitted
by you to the Site will not violate this policy or any right of any third
party, including
copyright, trademark, privacy or other personal or proprietary right(s),
and will not cause injury to any person or entity. You further agree that
no Comments
submitted by you to the Site will be or contain libelous or otherwise unlawful,
abusive or obscene material, or contain software viruses, political campaigning,
commercial solicitation, chain letters, mass mailings or any form of "spam".
KENSHUSEI does not regularly review posted Comments, but does reserve the
right (but not the obligation) to monitor and edit or remove any Comments
submitted to the Site. You grant KENSHUSEI the right to use the name that
you submit
in connection with any Comments. You agree not to use a false email address,
impersonate any person or entity, or otherwise mislead as to the origin of
any Comments you submit. You are and shall remain solely responsible for
the content of any Comments you make and you agree to indemnify KENSHUSEI
and
its affiliates for all claims resulting from any Comments you submit. KENSHUSEI and its affiliates take no responsibility and assume no liability
for any Comments
submitted by you or any third party.
DISPUTES
Any dispute relating in any way to your visit to KENSHUSEI or to
products you purchase through KENSHUSEI web site shall be submitted
to confidential
arbitration in KENSHUSEI’s state except that, to the extent you
have in any manner violated or threatened to violate KENSHUSEI's intellectual
property rights, KENSHUSEI may seek injunctive or other appropriate
relief
in any state or federal court in its state, and you consent to exclusive
jurisdiction and venue in such courts. Arbitration under this agreement
shall be conducted under the rules then prevailing of the American Arbitration
Association. The arbitrator's award shall be binding and may be entered
as
a judgment in any court of competent jurisdiction. To the fullest extent
permitted by applicable law, no arbitration under this Agreement shall
be joined to an arbitration involving any other party subject to this
Agreement,
whether through class arbitration proceedings or otherwise.
PRIVACY NOTICE
KENSHUSEI, its affiliates and suppliers take your privacy seriously. This
notice describes our privacy policy. By visiting KENSHUSEI, you are accepting
the practices described in this Privacy Notice.
Here are the types of information we gather.
Information You Give Us: We receive and store any information you enter on
our Web site or give us in any other way. We use the information that you provide
for such purposes as responding to your requests, improving our schools, and
communicating with you.
Automatic Information: We
receive and store certain types of information whenever you interact with
us. For example, like many Web sites,
we use "cookies," and
we obtain certain types of information when your Web browser accesses KENSHUSEI web site.
E-mail Communications: To help us make e-mails more useful and interesting,
we often receive a confirmation when you open e-mail from KENSHUSEI if your
computer supports such capabilities. We also compare our customer list to lists
received from other companies, in an effort to avoid sending unnecessary messages
to our customers.
Cookies: Cookies are alphanumeric identifiers that we transfer to your computer's
hard drive through your Web browser to enable our systems to recognize your
browser and to provide advanced features, keep track of your basket contents,
etc.
Information about our customers is an important part of our business, and
we are not in the business of selling it to others. We will release account
and other personal information when we believe release is appropriate to comply
with law; enforce or apply our Terms and Conditions and other agreements; or
protect the rights, property, or safety of KENSHUSEI, our users, or others.
This includes exchanging information with other companies and organizations
for fraud protection and credit risk reduction.
If you choose to visit KENSHUSEI, your visit and any dispute over privacy
is subject to this Notice and our Terms and Conditions, including limitations
on damages, arbitration of disputes, and application of the law of the state
KENSHUSEI operates in. This Notice and the Terms and Conditions will change
also, and use of information that we gather now is subject to the Privacy Notice
in effect at the time of use. It is your responsibility to check our Web site
frequently to see recent changes.
ONLINE PROSHOP
KENSHUSEI, our affiliates and suppliers advocate caution and courtesy in training
and disclaims all liability from the use of equipment purchased from KENSHUSEI web site. Please consult a physician before beginning any new exercise
program.
Order Acceptance
Please note that there may be certain orders that we are unable to accept and
must cancel. We reserve the right, at our sole discretion, to refuse or cancel
any order for any reason. For your convenience, you will not be charged until
your payment method is authorized, the order information is verified for accuracy
and your order is shipped. Some situations that may result in your order being
canceled include limitations on quantities available for purchase, inaccuracies
or errors in product or pricing information, or problems identified by our
credit and fraud avoidance department. We may also require additional verifications
or information before accepting any order. We will contact you if all or any
portion of your order is canceled or if additional information is required
to accept your order. If your order is canceled after your credit card has
been charged, we will issue a credit to your credit card in the amount of the
charge.
Pricing or Typographical Errors
While KENSHUSEI strives to provide accurate product and pricing information,
pricing or typographical errors may occur. KENSHUSEI cannot confirm the price
of an item until after you order. In the event that an item is listed at an
incorrect price or with incorrect information due to an error in pricing or
product information, KENSHUSEI shall have the right, at our sole discretion,
to refuse or cancel any orders placed for that item. In the event that an item
is mispriced, KENSHUSEI may, at our discretion, either contact you for instructions
or cancel your order and notify you of such cancellation. Prices and availability
are subject to change without notice.
Quantity Limits & Dealer Sales
KENSHUSEI reserves the right to limit the quantity of items purchased per
person, per household or per order. These restrictions may be applicable to
orders placed by the same account, the same credit card, and also to orders
that use the same billing and/or shipping address. We will provide notification
to the customer e-mail and/or billing address provided should such limits be
applied. KENSHUSEI also reserves the right to prohibit sales to dealers.
Colors
We have made every effort to display as accurately as possible the colors of
our products that appear on the Site. However, as the actual colors you see
will depend on your monitor, we cannot guarantee that your monitor's display
of any color will be accurate.
Refunds
and Exchanges
Unless
an item is defective ALL SALES ARE FINAL. All exchange
requests for defective items purchased from KENSHUSEI web site must be brought
to KENSHUSEI
for processing. We do not accept exchanges of any item that is returned more
than 10 days after delivery.
Shipping Policy
Orders are normally processed in one business day and shipped via UPS ground.
Please allow 4 to 10 working days for UPS ground delivery depending on
your zone. KENSHUSEI may allow orders to be sent directly to your residence
or
picked up from KENSHUSEI. The online proshop is meant for current students
and special events only. Orders will only be shipped to the student’s
residence or KENSHUSEI for pickup.
Shipping Rates and Taxes
Shipping Rates are 7% of the order sub total with a minimum shipping charge
of $6.00. State Tax is charged and is based on KENSHUSEI’s location.
We accept
Credit Card payments only for online orders when shipping within the
United States and its territories. To pay by check please place your
order
at KENSHUSEI.
KENSHUSEI is not responsible for and cannot be held liable for any additional
fees, levies or taxes that a country may impose on a customer's order of
goods. Our shipping and handling charges does not cover this extra cost.
Certain countries
will impose additional unspecified charges that the customer will be responsible
for such as customs duty, customer V.A.T., clearance fee,
etc. To determine the additional amount (if any), please query the appropriate
regulatory agency of your country prior to placing your order as we cannot
reimburse you once shipment is made.
Heavy or Oversize Items
Some heavy or large items, which are identified as oversize in their product
descriptions, have special shipping and handling costs in addition to regular
shipping and handling charges.
Please note: Some oversize items cannot be shipped to Alaska, Hawaii, or U.S.
protectorates and territories.
Out of Stock/Back Orders
We will notify you if your request is currently out of stock. In most cases,
back orders should be received within 3–4 weeks.
Weapons
Certain types of nunchakus and other weapons cannot be shipped to Canada
nor to the states of California, Massachusetts, and New York You must check
Federal,
State and Local laws because weapons may be illegal in your area. KENSHUSEI
will not sell weapons to minors and disclaims all liability from the sale
and use of products in this online store.
Email
Confirmations
Shortly after placing your order, you will receive an email confirming that we
have received your order. Please save these email invoices for your records.
RISK OF LOSS
All items purchased from KENSHUSEI are made pursuant to a shipment contract.
This means that the risk of loss and title for such items pass to you upon
our delivery to the carrier.
INDEMNIFICATION
You agree to defend, indemnify and hold KENSHUSEI harmless from and against
any and all claims, damages, costs and expenses, including attorneys' fees,
arising from or related to your use of the Site.
TERMINATION
These terms are effective unless and until terminated by either you or KENSHUSEI. You may terminate this Agreement at any time, provided that you discontinue
any further use of this Site. KENSHUSEI also may terminate this Agreement
at any time and may do so immediately without notice, and accordingly deny
you access to the Site, if in KENSHUSEI's sole discretion you fail to comply
with any term or provision of this Agreement. Upon any termination of the Agreement
by either you or KENSHUSEI, you must promptly destroy all materials downloaded
or otherwise obtained from this Site, as well as all copies of such materials,
whether made under the terms of use or otherwise.
GENERAL
This Agreement represents the complete agreement between the parties and supersedes
all prior agreements and representations between them. If any provision of
this Agreement is held to be unenforceable for any reason, such provision
shall be reformed only to the extent necessary to make it enforceable and
the other terms of this Agreement shall remain in full force and effect.
The failure of KENSHUSEI to act with respect to a breach of this Agreement
by you or others does not constitute a waiver and shall not limit KENSHUSEI's
rights with respect to such breach or any subsequent breaches. This Agreement
shall be governed by and construed under KENSHUSEI’s State law as
such law applies to agreements between residents of that state entered into
and to be performed within KENSHUSEI’s State. Any action or proceeding
arising out of or related to this Agreement or your use of this Site must
be brought in the state or federal courts of KENSHUSEI’s state.
DISCLAIMER
THIS SITE IS PROVIDED BY KENSHUSEI ON AN "AS IS" AND "AS AVAILABLE" BASIS.
KENSHUSEI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR
PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE
LAW, KENSHUSEI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. WITHOUT LIMITING THE FOREGOING, KENSHUSEI DISCLAIMS ANY AND ALL WARRANTIES,
EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. YOU ACKNOWLEDGE,
BY YOUR USE OF KENSHUSEI WEB SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE
RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE
MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF
THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED
WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION
OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN
TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL KENSHUSEI OR ANY OF
ITS AFFILIATES,
EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO
YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE
USE
OF OR INABILITY TO USE KENSHUSEI WEB SITE, INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE,
ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED
REPRESENTATIVE
OF KENSHUSEI HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY
OF SUCH DAMAGES. IN NO EVENT WILL KENSHUSEI BE LIABLE FOR ANY DAMAGES IN
EXCESS
OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE.
