The term Taiji Zen or we or us refers to Taiji Zen Worldwide Limited, the provider of this Website. The term you refers to the user or viewer of this Website. The term Website refers to www.taijizen.com and all related sub-domains and web pages within it. The term Affiliated Parties refers to any entity which directly or indirectly through one or more intermediaries controls, is controlled by or is under common control with Taiji Zen, as well as Taiji Zens officers, directors, representatives, employees, licensors, partners, agents, subcontractors, successors, assignees, third party suppliers and providers, attorneys and advertisers.
2. Acceptance of Agreement
This Agreement constitutes the entire and only agreement between you and Taiji Zen, and supersedes all previous agreements, representations and warranties with respect to the Website and the content, services and/or products provided on or through the Website. No advice or information, whether oral or written, obtained by you from us through the Website or otherwise shall create any warranty, representation or guarantee not expressly stated in this Agreement.
Taiji Zen reserves the right to amend or alter the Agreement from time to time without providing specific notice to you. The most current version of the Agreement will be posted on the Website and will be take effect from the date of publication; please make sure to check for updates prior to using the Website.
3. Intellectual Property
4. Permitted Use; Limited License
5. Restrictions on Use
You hereby agree to comply with all applicable domestic and international laws, statutes, decrees, ordinances and regulations governing your usage of the Website and the Content provided therein.
6. Registration & Restrictions
If you are provided with an username and password (your Account) to enable access of the restricted sections of the Website, or related Content, products and/or services, such Account information must be kept confidential and may not be shared with or transferred to other parties and/or individuals. Taiji Zen does not permit multiple users to access the Website via a single Account; each viewer should register independently under his or her own name. Taiji Zen reserves the right to disable and/or delete your Account without notice or explanation at any time.
7. No Representations or Warranties
8. Limitations of Liability
In particular, but not as a limitation thereof, Taiji Zen and its Affiliated Parties are not liable for any (a) direct loss, (b) indirect, special or consequential loss, (c) loss of business, revenue, income or profits, (d) loss of contracts or business relationships, (e) loss of reputation or goodwill, or (f) loss or corruption of information or data, whether based on breach of contract, breach of warranty, law of torts (including negligence), product liability, physical injury or otherwise, even if expressly advised of the possibility of such damages.
The Website and its Content may not be suitable for your particular circumstances. Nothing on this Website constitutes or is meant to constitute advice of any kind whatsoever. Taiji Zen and its Affiliated Parties have no liability whatsoever for your use of any Content, product or service in connection with the Website. Prior to your usage of the Website, you should consult with and receive clearance from a qualified medical professional.
Sections of the Website involve instruction in activities which could result in physical injury. You hereby waive any claim against Taiji Zen and its Affiliated Parties relating to any and all such injury arising from your usage of the Website. You furthermore agree to indemnify, defend and hold harmless Taiji Zen and its Affiliated Parties from any liability, loss, damage, claim, cost and expense, including reasonable legal expenses, arising from or related to such injuries, or in connection with your usage of the Website.
The limitation and negation of damages as set forth in Sections 8 and 9 are fundamental elements of the basis of the Agreement between you and us. This Website, its Content, information, products and services provided would not be provided without such limitations.
10. Collection and Use of Information
You acknowledge responsibility for ensuring your User Provided Content is not illegal, does not infringe any third partys legal rights, is not capable of giving rise to legal action whether against you or Taiji Zen or a third party under any applicable law, and is not and has not been the subject of any threatened or actual legal proceedings or other similar complaint.
Taiji Zen reserves the right to edit or remove any User Provided Content at all times, and to investigate complaints or suspected unlawful activity and take actions we deem necessary, including but not limited to reporting any suspected unlawful activity and disclosing your User Provided Content, usage history and other personal information to law enforcement officials, regulators or other relevant third parties.
11. Third Party Content
You may not right to transfer, assign, license, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
14. Waiver of Rights
15. Breach of Contract
16. Governing Law
All actions, claims, controversies or proceedings arising in connection with, touching upon or relating to this Agreement, the product and/or services provided by Taiji Zen or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate (Disputes), shall be resolved by binding arbitration, provided that the foregoing shall not preclude legal action taken by us, including but not limited to equitable, injunctive or other judicial relief, in relation to the collection or recovery of damages for Website operations, provision of goods or services and/or enforcement of intellectual or other proprietary property rights.
The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures (the JAMS Rules) in effect on the date hereof. All actions, claims, controversies or proceedings shall be arbitrated on an individual basis, and shall not be consolidated with any arbitration of any action, claim, controversy or proceeding of any other party.
The arbitration shall be held in Hong Kong before three arbitrators, each of whom shall have significant experience in the subject matter of the Dispute. Any arbitration proceeding shall be conducted on a confidential basis. The arbitrators decision shall be considered as a final and binding resolution of the disagreement, shall not be subject to appeal and may be entered as a court order in any court of competent jurisdiction.