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Terms and Conditions

Terms and Conditions

 

 

  1. Rights and Duties of the Parties.

Paralimus, LLC (“Paralimus”) provides various business coaching services, products, and goods (collectively referred to as “Services”) through this website operating under the name Your Kungfu Mind (“Website”).  This Service is offered subject to acceptance of the following terms and conditions (“Terms”) as well as any relevant sections of the Paralimus, LLC Privacy Policy by the reader, purchaser, and/or client (collectively referred to as “Client”).

  1. By visiting this website, client acknowledges that the client has read these terms, understood these terms, accept and agree to be bound by them, and is over 18 years old.
  2. Client agrees that the purpose of accessing the Services on the Website is for business purposes. If the Client is using the Service on behalf of an organization, Client is agreeing to these Terms for that organization and confirming now to Paralimus that Client has the authority to bind said organization to the Terms (in which event, “Client” will refer to that organization).
    1. Account Information. As part of the registration or account creation process, Client will create or receive personally identifying login credentials. Certain personally identifying information may also be required. Such registration information must be accurate and current.
    2. False Information. Client agrees to not provide false information to Paralimus in generating Client’s account. Specifically, Client agrees to not:
      1. Select or use the login credentials of another person or company with the intent to impersonate that person or company; or
      2. Use login credentials in which another person or company has rights without such person’s or company’s authorization.

Failure to comply with the foregoing shall constitute a breach of Terms, which may result in suspense or termination of Client’s account.

The benefits, rights, and obligations afforded under these Terms are personal to Client. Client agrees not to assign, sublicense, transfer, pledge, sell, lease, rent, lend, or otherwise dispose of the Services and materials (including, but not limited to, audio and/or visual presentations, documentation, software, printed or digital materials, and other elements characterizing Our Services, also known as the “Content”) on this Website, or any part of such Content, or share rights under these Terms to and with others. However, either party may assign all or any part of its rights or obligations under this contract with the written consent of the other party. However, Paralimus may assign to the extent that such assignment is to each party’s parent or any of its affiliates or subsidiaries.  All rights and/or obligations contained in this contract shall inure to the benefit of and be binding upon the assignor and its respective permitted successors and assigns.

  1. Authorized Users.

Only authorized users, who have duly attained access to the Content by personally agreeing to these Terms are permitted participation in and use of the Services, Content, and related materials. Except as expressly authorized by these Terms. Client shall not provide or make available any Content, or any license key to any third party, or use the Content, or any license key, to teach any third party any portion of the Services or for any purpose other than exercising rights expressly granted to Client by these Terms. Client is responsible for maintaining the confidentiality of Client’s login credentials. Paralimus reserves the right to terminate or suspend Client’s access to the Services if Client shares Client’s credentials or transfers such credentials to another party. Client is responsible for all usage or activity on Client’s account on this Website and related Social Media, including use of the account by any third party authorized by Client to use login credentials.

  1. No Refunds.

Unless otherwise stated in writing with respect to particular Services offered for sale via this Website by Paralimus, Paralimus abides by a strict, no refund policy. By accepting these Terms, Client agrees and understands that Client is foregoing the right to claim any refund of fees paid for access and use of the Services offered via this Website.

  1. Warranties and Representations.

By accepting these Terms, Client agrees and understands that Paralimus provides seminars and business coaching services only and guarantees no specific results. Client acknowledges that Paralimus makes no promise or representation that Client will make a certain amount of money, or any money, or that you will not lose money, as a result of using these Services. Any earnings, revenue, or income statements viewable on this Website or related Social Media are based on actual individual results of Paralimus’ clients and/or estimates as may be stated. There is no guarantee that Client will make these levels. As with any business, Client’s results will vary and will be based on your personal abilities, experience, knowledge, capabilities, level of desire, and an infinite number of variables beyond Paralimus control, including some variables that neither Paralimus or Client may have anticipated. There are no guarantees concerning the level of success Client may experience. Each person’s results will vary. There are unknown risks in any business, particularly with the Internet where advances and changes can happen quickly. The use of Paralimus information, products and services should be based on Client’s own due diligence and CLIENT AGREES THAT PARALIMUS IS NOT LIABLE FOR CLIENT’S SUCCESS OR FAILURE. In accepting these Terms, Client acknowledges that Client takes full responsibility for Client’s own success.

The parties agree that the warranties and remedies expressly stated in this Article constitute exclusive warranties and remedies with regards to all goods and/or services under this Contract. The remedies provided for are Company’s sole remedies in respect of the same, and are exclusive of any other liability, particularly in respect of any damage suffered because of a defective product or rental equipment. THE PARTIES AGREE THAT ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY, ARE EXCLUDED TO THE FULLEST EXTENT PERMISSIBLE BY LAW.  PARALIMUS’ WARRANTY OBLIGATIONS AND CLIENT’S REMEDIES THEREUNDER ARE SOLELY AND EXCLUSIVELY AS SET FORTH IN THIS ARTICLE.

  1. Consent to Use Information.

By accepting these Terms, Client agrees that Paralimus may collect, use and disclose Client’s identifying information obtained as a result of Client’s membership, for the purposes of processing of this membership application and the administration of the membership with our organization. Please visit the Privacy Policy for further details on our data protection policy, including how Client may access and correct Client’s personal information or withdraw consent to the collection, use or disclosure of Client’s personal information. Additionally when Client communicates with Paralimus, sends Paralimus information, or provides Content to Paralimus, Client grants Paralimus a non-exclusive, worldwide, perpetual, royalty-free right to exercise all copyright and publicity rights that Client has in such Content, in any manner whatsoever, in any media now known or which may be created in the future, as relates to this Website, the Services, and related Social Media.

  1. Liabilities and Indemnities.
    1. Client shall release, defend, indemnify and hold Paralimus, its parents, subsidiaries and affiliated or related companies, and its and their respective officers, directors, employees, consultants, agents and invitees harmless from and against any and all claims, demands, causes of action, liabilities, damages, judgments, awards, losses, costs, fines, penalties and expenses (including reasonable attorneys’ fees and costs of litigation) of any kind or character (“Claims”), arising out of or in connection with Client’s or Paralimus’s performance of this contract, REGARDLESS OF THE CAUSE, INCLUDING WITHOUT LIMITATION ANY FORM OF NEGLIGENCE, STRICT LIABILITY, BREACH OF WARRANTY (EXPRESS OR IMPLIED), BREACH OF DUTY (STATUTORY OR OTHERWISE), BREACH OF CONTRACT, OR ANY OTHER LEGAL FAULT OR RESPONSIBILITY OF PARALIMUS, CLIENT, OR ANY OTHER PERSON, PARTY OR ENTITY.
    2. Consequential Damages. Notwithstanding anything contained in this contract to the contrary, Client shall be liable for, and hereby agrees to release, indemnify, defend and hold Paralimus, its parents, subsidiaries, and affiliated or related companies, and its and their respective directors, officers, employees, consultants, agents and invitees, harmless from and against any and all indirect, incidental, special, punitive, exemplary or consequential damages or losses (whether foreseeable or not at the date of this contract), which shall include, without limitation, any and all damages or losses for lost production, lost revenue, lost product, lost profit, lost business or business interruptions incurred by, or in favor of, Contractor or its co-lessees, co-owners, partners, joint operators and joint venturers, if any, and its and their parents, subsidiaries and affiliated or related companies, arising out of, or in connection with, the performance of or subject matter of this contract, REGARDLESS OF THE CAUSE, INCLUDING WITHOUT LIMITATION ANY FORM OF NEGLIGENCE, STRICT LIABILITY, BREACH OF WARRANTY (EXPRESS OR IMPLIED), BREACH OF DUTY (STATUTORY OR OTHERWISE), BREACH OF CONTRACT, OR ANY OTHER LEGAL FAULT OR RESPONSIBILITY OF COMPANY, ITS EMPLOYEES OR AGENTS, OR ANY OTHER PERSON OR PARTY.

In no event will Paralimus be liable to Client or any party related to Client for any damage, including damages for loss of business profits or other pecuniary loss, whether under a theory of contract, warranty, tort (including negligence) products liability or otherwise, even if Paralimus have been advised of the possibility of such damages. As such THE SERVICES, CONTENT AND ALL DOWNLOADABLE SOFTWARE ARE DISTRIBUTED AS AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILTY OR FITNESS FOR A PARTICULAR PURPOSE. CLIENT HEREBY ACKNOWLEDGES THAT USE OF THE SERVICES IS AT CLIENT’S OWN RISK. Limitations herein described shall be applied to the greatest extent enforceable under applicable law.

  1. Extension of Benefits. The indemnities and releases of liability given herein in favor of Contractor shall also be deemed to be given in favor of, and are hereby extended to include, Contractor’s parents, subsidiaries, and affiliated or related companies, and each of their respective directors, officers, employees, consultants, agents and invitees.
  2. Exclusive Remedies. REDRESS UNDER THE INDEMNITY AND RELEASE PROVISIONS OF THIS [insert relevant clause or article reference number] SHALL BE THE EXCLUSIVE REMEDY AVAILABLE TO THE PARTIES IN RESPECT OF THE MATTERS, CLAIMS, AND DAMAGES COVERED BY THIS PROVISION.
  1. Intellectual Property.
    1. Intellectual Property Ownership. The contents of the Services, including the Website, Content, and other materials made available via related Social Media, are protected by United States copyright, trademark and other intellectual property laws and international treaties and owned or controlled by Paralimus, LLC, or the party credited as the provider of the Content. Client agrees to abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Services. By accepting these Terms, Client further acknowledges and agrees that Paralimus and third party licensors own and shall continue to own all right, title, and interest in and to the Content and other elements of Paralimus Services, including associated intellectual property rights under copyright, trade secret, patent, or trademark laws. Except for any limited, revocable license expressly granted to Client herein, these Terms do not grant Client any ownership or other right or interest in or to the Content and/or other elements of the Services, or any other intellectual property rights of Paralimus, whether by implication, estoppel, or otherwise. Any and all trademarks or service marks that Paralimus uses in connection with the Services are marks owned by Paralimus. These Terms do not grant Client any right, license, or interest in such marks, and Client shall not assert any right, license, or interest in such marks or any words or designs that are confusingly similar to such marks. Client may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except where expressly permitted for the storage of downloadable material), create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Services (including software) in whole or in part.
  2. Term and Termination.
    1. The term of this agreement starts from the Effective Date of __________ (filing of incorporation) and lasts perpetually.
    2. Paralimus may elect to terminate the Services on this Website at Paralimus’s discretion without notice to Client or any liability for any reasons whatsoever, including without limitation, if Client breaches these Terms. Client may terminate any account Client establishes via this Website at any time upon written notice to Paralimus.

If Client does not agree with these Terms, or are under 18 years old, do not use the Services or the Website. If at any time Client is not willing to be bound by these Terms, Client must click the “I do not accept” or similar button, terminate any download and/or installation process, immediately cease and refrain from accessing or using the program, and delete any copies Client may have.

    1. Paralimus reserves the right to modify, terminate, or otherwise amend Services, orally, impliedly or in any manner not set forth in a duly executed writing or otherwise permitted by these Terms, available via this Website and related Social Media accounts. Paralimus may, in the future, offer new and/or different services and/or features through its Website and associated Social Media accounts. Such new features and/or services shall be subject to these Terms.
    2. Paralimus’s failure to enforce any rights granted by these Terms or to take action against any other party in the event of any breach shall not be deemed a waiver by Paralimus as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
    3. Governing Law. The validity, construction, enforcement and interpretation of these Terms shall be governed and controlled by the substantive laws of the State of Virginia. These Terms are entered into in the State of Virginia, at a county to be chosen by Paralimus. Client agrees and consents to the exclusive jurisdiction and venue of the State of Virginia and county of Paralimus’s choice for any dispute arising from or related to these Terms.
    4. If any provision (or portion thereof) of these Terms shall be declared invalid or unlawful or unenforceable, the remaining provisions (or portions thereof) shall not be affected thereby and the Terms shall be construed as if such invalid or unlawful or unenforceable provision (or portion thereof) had never been contained therein.
    5. All disputes (the “Dispute”) arising out of or relating to these Terms or the furnishing of Services hereunder shall be resolved by final and binding arbitration, as the sole and exclusive remedy of the Parties as to the Dispute, conducted in accordance with the Commercial Rules of Arbitration of the American Arbitration Association (the “Rules”) which are deemed to be incorporated by reference. The tribunal shall be composed of one (1) neutral arbitrator if the Dispute involves a maximum exposure of less than $1,000,000. If the parties are unable to agree on a neutral arbitrator, one will be appointed pursuant to the Rules. If the Dispute involves a maximum exposure in excess of $1,000,000, then the Tribunal shall consist of three (3) arbitrators, with each Party appointing one arbitrator, and the two arbitrators so appointed appointing the third arbitrator who shall act as Chair (the “Tribunal”).  The Tribunal shall apply the substantive laws of Virginia, excluding conflicts laws and choice of law principles to determine a Dispute.  The place of arbitration shall be Virginia, with a county to be chosen by Paralimus, and the proceedings shall be conducted and concluded as soon as reasonably practicable, based upon the schedule established by the Tribunal, which the Tribunal may modify for good cause shown.  No award shall be made for punitive, special, exemplary, or consequential damages or losses, including loss of profits or loss of business opportunity.  Judgment on the award may be entered in, and enforced by, any court of competent jurisdiction.  All statutes of limitation that would otherwise be applicable shall apply to the Dispute. Any attorney-client privilege and other protection against disclosure of privileged or confidential information, including without limitation, any protection afforded the work-product of any attorney, that could otherwise be claimed by any party shall be available to, and may be claimed by, any such party in any arbitration proceeding.  The Parties shall treat all matters relating to the arbitration as confidential.  Subject to each party’s right to cooperate fully with the United State authorities, the parties understand and agree that this confidentiality obligation extends to information concerning the fact of any request for arbitration, and any ongoing arbitration, as well as all matters discussed, discovered, or divulged, (whether voluntarily or by compulsion) during the course of such arbitration proceeding.  It is the desire of the Parties that any Dispute is resolved efficiently and fairly and the Tribunal shall act in a manner consistent with these intentions.
    6. Force Majeure. Neither party shall be considered in breach of an obligation under the Terms, other than obligations to pay money, to the extent the party can demonstrate that fulfillment of the obligation has been prevented by a force majeure event. “Force majeure” shall include, but not be limited to, acts of God, laws and regulations, strikes, lightening, fire, flood, washout, storm, war (declared or undeclared), acts or threats of terrorism, breakage or accident to equipment or machinery, and any other causes that are not reasonably within the control of the party affected.
    7. Entirety of Agreement. Subject to the foregoing, these Terms, along with the Privacy Policy sets forth the entire and complete agreement of the parties as to the subject matter hereof, and supersedes any and all proposals, negotiations, agreements, and representations of the Parties prior to the execution hereof, including without limitation, prior drafts or prior versions of these Terms.