- Definitions of Parties and Related Persons
The terms “we,” “us,” “our,” “ours,” and other first-person personal pronouns, and “Ilchibuko” shall mean and refer to Ilchibuko.com operating the website Ilchibuko.com, and its affiliates, subsidiaries, business licensors, persons, or entities that referred you to the Website, persons or entities to whom you have been or will be referred by the Website, persons or entities claimed to control or act in concert with the creators, producers, and operators of the Website, persons or entities participating in the creation, operation and management of the Website, creators and owners of any training methods or intellectual property used or presented on the Website, and their respective employees, agents, principals, contractors, managers, officers, directors, founders, shareholders, successors and assigns. The terms “you”, “your”, “yours”, and other second-person personal pronouns mean and refer to all persons who use or visit the Website, or any products, software, data feeds, and services provided by Ilchibuko.
We may change these Terms at any time by notifying you of the change in writing or electronically (including without limitation, by email, or by posting a notice on the Website that these Terms have been “updated”). The changes also will appear in this document, which you can access at any time by going to the link to these Terms at the bottom of every page. You signify that you agree to be bound by such changes by using a Service after changes are made to these Terms.
- Limitations on Use
a. In order to use the Website and access any Product or Service, you must reside in the United States. You also promise that any registration information that you submit to Ilchibuko is true, accurate, and complete, and you agree to keep it that way at all times.
b. Only one individual may access or use a Product or Service at the same time using the same user name or password unless we agree otherwise.
c. The text, graphics, images, video, metadata, design, organization, compilation, look and feel, advertising, and all other protectable intellectual property (the “Content”) available through and with the Products and Services are our property or the property of our advertisers and licensors and are protected by copyright and other intellectual property laws. You may only access and view the Content personally and for a non-commercial purpose in compliance with these Terms. You may not either directly or through the use of any device, software, Internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any notices of copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content. You may not either directly or through the use of any device, software, Internet site, web-based service, or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content unless expressly permitted by Ilchibuko in writing. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by Ilchibuko in writing. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by Ilchibuko. You agree not to post any Content (other than headlines from our RSS feed with active links back to the full article on our Website) to Weblogs, newsgroups, mail lists, or electronic bulletin boards, without our written consent. You may not build a business utilizing the Content, whether or not for profit. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on, in any way, the Content, including montages, mash-ups, and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by Ilchibuko in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.
d. You agree not to access or use the Products or Services for any unlawful purpose. We reserve the right to terminate or restrict your access to or use of a Product or a Service if, in our opinion, your access to or use of the Product or Service may violate any laws, regulations, or rulings, infringe upon another person’s rights or violate these Terms. Also, we may refuse to grant you a user name that impersonates someone else, is protected by trademark or other proprietary right law, or is vulgar or otherwise offensive.
- Collection and Use of Personal Information
- Linked Destinations and Advertising
Ilchibuko is not responsible for the content or practices of any website or destination other than the Ilchibuko.com site, even if it links to the Ilchibuko.com site and even if the website or destination is operated by a company affiliated or otherwise connected with Ilchibuko. By accessing or using the Products or Services, you acknowledge and agree that Ilchibuko is not responsible or liable to you for any content or other materials hosted and served from any website or destination other than the Ilchibuko.com site.
b.Advertisements. Ilchibuko takes no responsibility for advertisements or any third-party material, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers found while accessing or using the Products and Services are between you and the advertiser, and you agree that Ilchibuko is not liable for any loss or claim that you may have against an advertiser.
a. Disclaimers of Warranties and Limitations on Liability. You agree that your access to and use of the Products, the Services, and related Content is on an “as-is,” “as available” basis and we specifically disclaim any representations or warranties, express or implied, including, without limitation, any representations or warranties of merchantability or fitness for a particular purpose. Ilchibuko will not be liable (jointly or severally) to you or any other person as a result of your access to or use of the Products and the Services for indirect, consequential, special, incidental, punitive, or exemplary damages, including, without limitation, lost profits and lost revenues (collectively, the “Excluded Damages”), whether or not characterized in negligence, tort, contract, or other theory of liability, even if the Ilchibuko has been advised of the possibility of or could have foreseen any of the Excluded Damages, and irrespective of any failure of an essential purpose of a limited remedy.
b. Medical Disclaimer. If the Ilchibuko.com site provides health-related or medical information, no such information is intended to treat or cure any disease or to offer any specific diagnosis to any individual as we do not give medical advice, nor do we provide medical or diagnostic services. We assume no responsibility for injuries suffered while practicing these techniques. We strongly recommend that you obtain professional medical advice before you apply any techniques presented on our Website.
c. Activities Disclaimer. You acknowledge and agree that participation in our classes or other programs may involve the risk of injury. You further acknowledge and agree that such risks include injuries resulting from overexertion, improper or negligent use of recommended equipment or training tools, or failure to follow trainer instructions. Accordingly, you understand and voluntarily agree to accept these risks and agree that you are solely responsible for selecting classes and activities that are appropriate for your skill and ability level.
- Disputes and Jurisdiction
Resolving Disputes. Since we always prefer to find ways to satisfy you as quickly and efficiently as possible, we want to address your concerns without resorting to formal legal proceedings. Before filing a claim against Ilchibuko, you agree to try to resolve any dispute or claim relating to these Terms, your relationship with Ilchibuko, or your access to or use of the Products and Services (“Dispute”) informally by contacting us. We will also try to resolve Disputes informally by contacting you by email. If a Dispute is not resolved within 30 days of submission, you or Ilchibuko may bring a formal proceeding.
We Both Agree to Arbitrate. You and Ilchibuko agree to resolve any and all Disputes through final and binding arbitration, except as set forth under the “Exceptions to Agreement to Arbitrate” paragraph below. The Federal Arbitration Act and federal arbitration law apply to these Terms. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow these Terms as a court would.
Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Ilchibuko will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed-on location.
No Class Actions. You agree that you will only resolve Disputes with us on an individual basis, and will not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. You further agree not to participate in class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations.
No Jury Trial. If for any reason a Dispute proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuses of intellectual property rights.
Exceptions to Agreement to Arbitrate. Either you or Ilchibuko may assert claims, if they qualify, in small claims court in Sedona, Arizona, or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Products or Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
Jurisdiction. You agree that these Terms, as well as any and all claims arising from these Terms, will be governed by and construed in accordance with the laws of the State of Arizona, United States of America, without regard to any conflict or choice of law principles. The sole jurisdiction and venue for any litigation arising out of these Terms will be an appropriate federal or state court located in Sedona, Arizona. These Terms will not be governed by the United Nations Convention on contracts for the international sale of goods.
- General Provisions
a. Site Policies. Please review our other policies posted on this Website. These policies also govern your visit to Ilchibuko.com. We reserve the right to make changes to our Website, policies, and these Terms at any time.
b. Severability. If any provision of these Terms or its application is invalid, void, or unenforceable, the remainder of these Terms will not be impaired or affected and will remain in full force and effect.
c. Entire Agreement. These Terms contain the final and entire agreement between us regarding your use of and access to the Products and the Services and supersede all previous and contemporaneous oral or written agreements regarding your use of and access to the Products and the Services.
d. Waiver. Unless otherwise specified in these Terms, the failure by a party to require performance of any provision shall not affect that party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
e. Change to Services. We may discontinue or change the Services, or their availability to you, at any time for any reason and without notice to you.
f. No Assignment. These Terms are personal to you, which means that you may not assign your rights or obligations under these Terms to anyone. No third party is a beneficiary of these Terms.
g. Survival of Termination. The following provisions will survive expiration or termination of these Terms: Collection and Use of Personal Information, Community, User-Generated Content, Linked Destinations and Advertising, Disclaimers, Disputes and Jurisdiction, and General Provisions Sections of these Terms and other provisions that by their nature are intended to survive termination of these Terms.