Terms of Use

1. Introduction

 

Welcome to www.taijizen.com! By using the Website, you are agreeing to the following terms and conditions of use. If you disagree with these terms and conditions, in part or in whole, you must not use this Website.

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

 

By using this Website, you hereby agree to the terms and conditions as provided in this Terms of Use Agreement (the Agreement). You explicitly agree that all terms and conditions, including the provisions on limitations of liability and indemnification, are fair and reasonable as set forth. Our Privacy Policy is a part of this Agreement, and may be accessed by clicking the link at the bottom of the page.

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

 

Unless otherwise stated, Taiji Zen and its Affiliated Parties retain all rights with respect to the Website and all Content on the Website, including but not limited to copyrights, trademarks and intellectual property rights. Your viewing and usage of the Website does not confer ownership rights to any information, content, documents or other materials provided by the Website, nor does the posting of information and/or materials on the Website constitute a waiver of such proprietary rights by Taiji Zen.

 

4. Permitted Use; Limited License

You may view, download, store and print information, audio files, video files, documents and other materials (the Content) from the Website for your own personal, internal, non-commercial use in strict accordance with the Agreement and subject to the rights described in Section 3. This license is non-exclusive, non-transferable and revocable at any time at the sole discretion of Taiji Zen, without right to re-license, sublicense, distribute or assign such license whatsoever.

 

5. Restrictions on Use

 

Without the prior written approval of Taiji Zen, you may not: (a) distribute, sell, rent or sub-license Content from the Website; (b) republish or redistribute Content from the Website; (c) exploit any Content on this Website or derived from this Website for commercial purposes; (d) edit, alter or otherwise modify any Content from the Website or create compilations or derivative works from any Content provided by the Website, including the removal of any copyright notice or other proprietary notice contained therein; (e) use any Content from the Website in a manner that may infringe any rights, including but not limited to, intellectual property rights, copyrights or other proprietary rights, of Taiji Zen, its Affiliated Parties or any third parties; (f) use this Website in any manner that causes, or may cause, damage to the website or impair the accessibility of the Website; (g) conduct any systematic or automated data collection activities to harvest information from the site; (h) use the Website to gather information for or transmit any material which is or relates to any unsolicited commercial communications, spyware, computer virus or other malicious software; or (i) use the Website in any manner or for any purpose or activity which is unlawful, illegal, fraudulent or harmful.

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

 

Access to portions of the Website may be restricted and may require you to register. Taiji Zen reserves the right to restrict access to any or all parts of the Website at its discretion. If registration is required, you agree to provide us with accurate and complete information, including your real name, to complete the registration process.

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

 

The Website and all Content are provided as is and with all faults, without any representations or warranties, express or implied. Taiji Zen expressly disclaims all warranties, including but not limited to the warranties of merchantability and fitness, and does not represent or warrant that the Website or Content will be (a) constantly available, or available at all, (b) error-free, complete, accurate, true or non-misleading, or that errors and defects will be corrected, (c) suitable for your specific purposes, (d) free of viruses or other harmful components, or (e) updated in a timely fashion or otherwise reliable. At any time under its sole discretion, Taiji Zen may edit, alter or delete the features, functionality and Content on the Website.

 

8. Limitations of Liability

 

Taiji Zen and its Affiliated Parties shall not be liable for any liability, loss, injury, claim or damage of any kind resulting from (a) the Contents of the Website, your use of the Website, or any engagement otherwise in connection with the Website, (b) the unavailability or interruption of the Website, or (c) any errors and/or omissions of the Website, its Contents, products and/or services obtained from the Website.

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.

 

9. Indemnification

 

You hereby 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, related to your breach or violation of this Agreement.

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

 

By agreeing to these terms and conditions, you authorize Taiji Zen and its Affiliated Parties the right to collect, use and assign all information regarding your usage of the Website, as well as all information submitted to the Website (your User Provided Content) for whatever purpose, including but not limited to text, images, audio material, video material, audio-visual material, remarks, suggestions, concepts, ideas, graphics or other information communicated by you to us.

Subject to the Privacy Policy, all User Provided Content shall be deemed the property of Taiji Zen forever and will not be required to be treated as confidential. Taiji Zen reserves the right to use, publish, reproduce, adapt, translate and distribute the User Provided Content in any existing or future media, for any commercial or other purpose whatsoever, without compensation to you or any other person submitting the User Provided Content, and will not incur any liability as a result of any similarities that may appear in our future products, services, operations, marketing or advertising.

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

 

Third party content may appear on the Website or may be accessed via links within the Website, including but not limited to content from advertisers and sponsors. Taiji Zen is not responsible for and does not assume any liability with regards to the legality, appropriateness, completeness, truthfulness, accuracy or views of the content and opinions expressed by these third parties, nor does their inclusion necessarily imply the belief, approval and/or endorsement by Taiji Zen.

 

12. Assignment

 

Taiji Zen reserves the right to transfer, assign, license, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions in our sole discretion, without prior notification and without your prior consent.

You may not right to transfer, assign, license, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

 

13. Severability

 

If any provision of the Agreement is, or is found to be, unlawful or unenforceable under applicable law, all other provisions shall remain in full force and effect.

 

14. Waiver of Rights

 

The failure on the part of Taiji Zen to enforce any provision of this Agreement, irrespective of how long such failure continues, shall not constitute a waiver of our rights hereunder. The rights of Taiji Zen under this Agreement shall survive any termination of this Agreement.

 

15. Breach of Contract

 

Without prejudice to Taiji Zens other rights under this Agreement, Taiji Zen reserves the right to deal with any breach of these terms and conditions as we deem appropriate, including but not limited to suspension of your access to the Website, prohibiting your access of the Website either directly in indirectly and/or bringing legal proceedings against you in a court of law.

 

16. Governing Law

 

This Agreement shall be governed by and construed in accordance with the laws of Hong Kong, without regard to choice of law rules or conflict of law principles.

 

17. Arbitration

 

Any cause of action by you with respect to the Website, its Content, product and/or services provided by Taiji Zen must be instituted within one (1) year after the cause of action arose or be forever waived and barred.

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.

Pending the completion of arbitration, either party may seek any interim or preliminary relief to protect its respective rights and/or property from a court of competent jurisdiction in Hong Kong. The parties to the Dispute agree to bear their own costs and expenses, and the arbitrators fees shall be split evenly between such parties. Terms of Use Agreement

 


Leave a Reply