Terms of Service

Last Updated: April 17, 2020

YOUR USE OF THE TSMA SITE CONSTITUTES YOUR EXPRESS AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE, YOU MUST NOT USE OR MUST IMMEDIATELY TERMINATE YOUR USE OF THE TSMA SITE. STRICT TIME LIMITATIONS MAY APPLY TO YOUR CLAIM. IF YOU FAIL TO COMPLY WITH CERTAIN FILING REQUIREMENTS WITHIN THESE TIME LIMITS, YOU MAY WAIVE YOUR RIGHTS FOREVER. IF YOU NEED A LAWYER, CONTACT AN EXPERIENCED LAWYER IN YOUR STATE. 

PLEASE READ THIS LEGAL DOCUMENT CAREFULLY. TSMA Franchise Systems, Inc. d/b/a Tiger Schulmann’s Martial Arts (together with our affiliates, “TSMA”, “we”, or “us”) provides online martial arts classes and related services, content, and features through TSMA websites, including but not limited to www.tsk.com (collectively, the “TSMA Site” or “Site”) and TSMA-controlled social media pages (including but not limited to Facebook, Instagram, YouTube, LinkedIn, Tiktok, Reddit, Snapchat, Pinterest, and Twitter). By registering as a member or by visiting, browsing, or using the TSMA Site or TSMA-controlled social media pages (collectively, the “Services”), you (“you” or “user”) accept and agree to be bound by these Terms of Service (“Terms” or “Agreement”), which forms a binding agreement between you and TSMA. TSMA franchisees also provide in-person classes at various physical locations; the written agreement between you and the TSMA franchisee at the in-person location will govern the goods and services provided at such location.

THESE TERMS REQUIRE ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN JURY TRIALS OR CLASS ACTIONS. ALSO, THESE TERMS SET FORTH SPECIFIC REMEDIES AVAILABLE TO YOU. PLEASE SEE SECTIONS 14, 15, AND 20 TO LEARN MORE.

If you do not wish to be bound by these Terms, you may not access or use the Services. Certain elements of the Services may be subject to additional terms and conditions specified from time to time; your use of those elements of the Services is subject to those additional terms and conditions, which are incorporated into these Terms by reference.

 

  • Changes to these Terms

 

PLEASE NOTE THAT THE AGREEMENT IS SUBJECT TO CHANGE BY TSMA IN ITS SOLE DISCRETION AT ANY TIME.  We may need to make changes to these Terms from time to time for many reasons. For example, we may need to reflect updates in how the Services work or changes in the law. You should look at these Terms regularly, which are posted on the TSMA Site at tsk.com/terms. If we make a material change to these Terms, we will notify you by posting a notice on the TSMA Site. If you are a registered user, we will also send an email to the email address you most recently provided to us prior to the material change taking effect. Any material change to these Terms will be effective automatically 30 days after the revised Terms are first posted or, for users who register or otherwise provide opt-in consent during this 30-day period, at the time of registration or consent, as applicable. Please note that changes to our Privacy Policy are effective immediately or upon notice (as applicable), as described in our Privacy Policy. PLEASE REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT TERMS.

 

  • Who May Use the Services

 

Age Requirement. You must be at least 18 years old, or the age of legal majority in your jurisdiction of residence, to register with and use the Services. However, minors may participate in online classes, provided that (a) they and their parent/guardian have signed a TSMA waiver and release; and (b) their parent/guardian supervises the minors’ participation by allowing the minors to use and access the Services only through the parent or guardian’s account. 

Residence Requirement. You must reside in the United States or Canada to use the Services; provided, however, that you will abide by applicable law in your jurisdiction, even where such law may limit or prohibit your full use of, or access to, the Services.

We may, in our sole discretion, refuse to offer the Services to any person or entity and change the eligibility criteria at any time. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to you, and the right to access and use the Services is revoked where these Terms or where use of the Services is prohibited or conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your personal, non-commercial use, and not for the use or benefit of any third party.

 

  • License to Use the Services

 

Subject to your compliance with these Terms and solely for so long as you are permitted by us to access and use the Services, TSMA grants you a limited, non-transferable, non-exclusive, non-assignable, non-sublicensable revocable right and license to access and use the Services for your own personal, non-commercial purposes. This license includes the right to view Content (defined below) available on the Services for your personal, non-commercial home use only. The periods during which you can view each piece of Content will vary based on the rights availability of such Content and the terms of your subscription (if any). The Services may include different Content offerings, features, and usage rules, which will be explained to you during your sign-up or in other materials made available to you.

This license grant is subject to your compliance with these Terms. This license will remain in effect unless and until you violate these Terms or this license is terminated by you or TSMA. All rights not expressly granted by TSMA in these Terms are reserved.

 

  • Privacy

 

Our Privacy Policy forms a part of these Terms. Please review the Privacy Policy to learn about what information we collect about you, how we use it, and with whom we share it.

 

  • Membership 

 

To enjoy full access to the Services, you must first register for an account on the TSMA Site. Registration makes you a “member”; however, participation in certain classes and access to certain Content (defined below) may be subject to additional fees and/or to a subscription agreement that are separate from registration. You must have an account registered on our website in order to sign up for classes. Additional information about our classes is available on the TSMA site.

Profile Information and Picture. You may not use someone else’s name, or any name, location, other public profile information or image that violates any third party rights, is against the law (including but not limited to the Children’s Online Privacy Protection Act), or that is offensive, obscene or otherwise objectionable (in TSMA’s sole discretion).

Account Security. You are responsible for all activity that occurs under your account, including any activity by authorized or unauthorized users. You may not allow others to use your account except as expressly permitted herein. You must safeguard the confidentiality of your password, and if you are using a device that others have access to, log out of your account after using the Services. If you become aware of an unauthorized access to your account, change your password and notify us immediately.

Publicly Visible User Information. If a portion of the Services allow users to upload User Content, the users’ Usernames are publicly visible when you interact with certain portions of the Services, which means that other TSMA users will be able to view your username. YOU MUST NOT USE PERSONALLY IDENTIFYING INFORMATION OF ANY MINOR IN YOUR USERNAME OR (i) OTHER PUBLICLY VISIBLE CONTENT YOU POST TO THE TSMA SITE OR (ii) OTHER CONTENT POSTED TO PORTIONS OF THE TSMA SITE THAT ARE VISIBLE TO OTHER REGISTERED USERS.

 

  • Membership Structure and Fees

 

TSMA will provide information on its then-current online membership and subscription requirements on the TSMA Site and/or by other means through the Services. Features and prices are subject to change.

Free Trials. On occasion, we may offer free trials to particular Content, subject to specific terms explained during your sign-up. We reserve the right to determine eligibility for free trials, which may vary based on factors including the Content selected, how recently you redeemed a free trial, and whether the Content is part of a combined offering. Certain limitations may also exist with respect to combining free trials with any other offers.

It is very important to understand that you will not receive a notice from TSMA that your free trial has ended and that payment for your subscription is due. If you wish to avoid charges to your payment method, you must cancel your subscription prior to midnight Eastern Time on the last day of your free trial period. Because the Services are offered in multiple time zones, for consistency, a “day” for purposes of these Terms begins at 12:00 a.m. Eastern Time and ends at 11:59 p.m. Eastern time of that same calendar day. You may cancel your subscription at any time as described in the “Account Deletion/Cancellation and Refunds“ section of these Terms. If you cancel your subscription during a free trial or while using a promotion, cancellation may be effective immediately.

Promotions. If we offer you a promotion (e.g., a promotional price or bundled subscription), the specific terms of the promotion will be disclosed during your sign-up or in other materials provided to you. We will begin billing your payment method for your subscription at the then-current, non-promotional price after your promotion ends unless you cancel prior to the end of your promotion or unless otherwise disclosed.

 

  • Termination; Account Deletion

 

Term. These Terms begin on the date you first use the Services and continue as long as you have an account with us and/or continue to use the Services.

Termination. TSMA may, in TSMA’s sole discretion, suspend, disable, or delete your account (or any part thereof) or block or remove any User Content (defined below) that you submit, for any lawful reason, including if TSMA determines that you have violated these Terms or that your conduct or User Content would tend to damage TSMA’s reputation or goodwill. If TSMA deletes your account, you may not re-register for or use the Services under any other user name or profile. TSMA may block your access to the Services to prevent re-registration.

Effect of Termination / Account Deletion. Upon termination of these Terms or account cancellation or deletion by you or us, all licenses and other rights granted by TSMA to you will terminate; provided, however, that the provisions of these Terms which by their nature should survive cancellation or deletion of your Account shall survive such termination, cancellation, or deletion. In the event of account deletion for any reason, User Content may no longer be available and TSMA is not responsible for the deletion or loss of such User Content. If you cancel your account or subscription or it is terminated for any reason, you will lose access to all live and on-demand classes and any other Content or features provided through the Services. TSMA, in its sole discretion, may make available a very limited amount of Content or features to non-subscribers from time to time, and any use of that Content is governed by these Terms. 

 

  • Account Deletion/Cancellation and Refunds. 

 

Any user who has an account can delete your account or cancel your subscription by logging into your TSMA account and following the instructions on your account page. You must cancel your subscription prior to 11:59 p.m. Eastern time on the day before your next recurring billing date in order to avoid being charged. If you cancel your subscription, you will continue to have access to the Services that are subject to the subscription through the end of your current billing period. However, if you modify your subscription during your billing period, you may not have continued access to your original subscription Services. If you cancel, you will also forfeit any service, referral, or other credits.

Payments are nonrefundable. If you cancel, modify a paid subscription, or if your account is otherwise terminated under these Terms, you will not receive a credit or refund, including for partially used periods of Service. There are circumstances where TSMA may provide credits or refunds on a case by case basis. The amount and form of such credits or refunds, and the decision to provide them, are at TSMA’s sole and absolute discretion.

 

  • User Content

 

“Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services “User Content” means any content that users (including you) provide to be made available through the Services. 

Any User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who uploaded such User Content. You represent that all User Content submitted by or on behalf of you is accurate, complete, up-to-date, and in compliance with these Terms and with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. To the full extent permitted by law, we make no representations, warranties or guarantees with respect to any User Content that you access on or through the Services.

As between you and TSMA, you represent that you own (or have all rights necessary to grant TSMA the rights below to) all User Content that you submit to the Services, and that TSMA will not need to obtain licenses from any third party or pay royalties to any third party in order to use such User Content. You grant TSMA a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or later created), edit, modify, and make derivative works from your User Content (including, without limitation, translations) for any purpose whatsoever, commercial or otherwise, without compensation to you. In addition, you waive any so-called “moral rights” or rights of privacy or publicity in your User Content. You further grant all users of the Services permission to view your User Content for their personal, non-commercial purposes. 

If you make suggestions to TSMA or through the Services about improving or adding new features or products to the Services or you otherwise provide feedback, product or service reviews or testimonials, you hereby grant to TSMA a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable royalty-free license and right to use, copy, modify, create derivative works based upon and otherwise exploit your suggestions, feedback, reviews and testimonials for any purpose (including for marketing), without any notice, compensation or other obligation to you.

You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

 

  • User Conduct Rules

 

You agree not to do any of the following:

  1. Post, upload, publish, submit or transmit any User Content that: 

(i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; 

(ii) violates, or encourages any conduct that would violate, any applicable law or regulation; 

(iii) is fraudulent, false, misleading or deceptive; 

(iv) is defamatory, obscene, pornographic, vulgar or offensive; 

(v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; 

(vi) is threatening or promotes violence or using the skills learned through the Services to harm others; 

(vii) exploits minors; or 

(viii) promotes illegal or harmful activities or substances;

  1. Use, display, mirror or frame the Services or any individual element within the Services, TSMA’s name, any TSMA trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without TSMA’s express written consent;
  2. Access, tamper with, or use non-public areas of the Services, TSMA’s computer systems, or the technical delivery systems of TSMA’s providers;
  3. Attempt to probe, scan or test the vulnerability of any TSMA system or network or breach any security or authentication measures;
  4. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by TSMA to protect the Services or Content;
  5. Bypass any territorial restrictions, including IP address-based restrictions, that may be applied to the Services;
  6. Attempt to access, scrape or search the Services or Content or download Content from the Services, including through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools, plugins, add-ons or the like), other than the search methods provided by TSMA or other generally available third-party web browsers;
  7. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
  8. Use any meta tags or other hidden text or metadata utilizing a TSMA trademark, logo URL or product name without TSMA’s express written consent;
  9. Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
  10. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;
  11. Attempt to decipher, decompile, disassemble or reverse engineer the Services or Content;
  12. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
  13. Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
  14. Collect information in violation of TSMA’s Privacy Policy;
  15. Copy, use, index, disclose or distribute any information or data obtained from the Services for purposes not expressly permitted herein;
  16. Alter, replicate, store, distribute or create derivatives from the Content or Services except as expressly permitted herein;
  17. Impersonate or misrepresent your affiliation with any person or entity, including but not limited to TSMA;
  18. Access, use or exploit the Services in any manner other than as expressly permitted herein, including to build, develop (or commission the development of), replicate, or consult upon any product or service that may compete (directly or indirectly) with TSMA or the Services;
  19. Violate any applicable law or regulation; or
  20. Encourage or enable any other individual to do any of the foregoing.

TSMA is not obligated to monitor access to or use of the Services or Content or to review or edit any Content, but we may do so for the purpose of operating the Services, to ensure compliance with these Terms, to comply with applicable law or other legal requirements and to maintain the reputation of the Services and TSMA. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

 

  •  Member Interactions 

 

When interacting with other TSMA members, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other people you don’t know. You agree that TSMA is not responsible or liable for any loss, damage, injury, or other matters of any sort incurred as the result of such interactions. In addition, when visiting or taking classes at any of our locations, please be advised that TSMA is not responsible for any lost or stolen items and that visitors, guests and members are required to adhere to then-current policies in place at that location and the directions of that location’s employees and representatives.

 

  • Third Party Links and Third Party Content on the Services

 

There may be links on the Services to non-TSMA sites that are operated by third parties. TSMA does not control or endorse these sites and has not reviewed or approved the content that appears on them. TSMA is not responsible for any content, advertising, products or other materials on or available from any third party sites. You acknowledge and agree that TSMA is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the access or use of any of the links or content, goods, or services available on or through these third party sites.

Your personal or business dealings with any third party found on or through the Services, whether regarding payment or delivery of specific goods and services, donations or fundraisers, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that TSMA is not responsible or liable for any loss, damage, injury, or other matters of any sort incurred as the result of such dealings. 

 

  • Purchases through Third Parties

 

Purchases made through tigear.com or other third party links on the TSMA Site are governed by the terms and policies of those third party sites; we encourage you to read such terms and policies before using those third party sites.

 

  •  No Warranties

 

TSMA reserves the right to modify the Services, including, but not limited to updating, adding to, enhancing, modifying, removing or altering any Content or features of the Services, or modifying the pricing of the Services or any component thereof, at any time, in its sole discretion. 

You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Services. You are responsible for any costs associated with your device and internet service used to access the Services. The quality of Content, including resolution, may be affected by the format of the Content, your location, the speed and bandwidth of your internet service, and the devices used, among other factors. The time it takes you to begin playing Content will vary based on a number of factors, including your location, internet bandwidth, the number of devices simultaneously connecting to the same network, the Content you have selected, and the configuration of the device you are using. As a result, TSMA is unable to make any warranties about the Content in these respects.

TSMA has no obligation to screen or monitor any User Content and does not guarantee that any User Content on the Services is suitable for all users or that it will continue to be available for any length of time.

TSMA provides the Services on an “AS IS” and “AS AVAILABLE” basis. Your use of the Services is at your own risk. Other than as expressly provided in writing by TSMA, and to the full extent permitted by law, TSMA expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, quiet enjoyment and any other warranty that might arise under any law. Without limiting the foregoing, TSMA makes no representations or warranties:

  • That the Services are or will be permitted in your jurisdiction;
  • That the Services will be uninterrupted or error-free;
  • Concerning any Content, including User Content;
  • Concerning any third party’s use of User Content that you submit;
  • That the Services will meet your particular needs;
  • That TSMA will continue to support any particular feature of the Services; or
  • Concerning sites and resources outside of the Services, even if linked from the Services.

To the extent that another party may have access to or view Content on your device, you are solely responsible for informing such party of all disclaimers and warnings in these Terms. TO THE EXTENT ANY DISCLAIMER OR LIMITATION OF LIABILITY DOES NOT APPLY, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL APPLICABLE EXPRESS, IMPLIED, AND STATUTORY WARRANTIES WILL BE LIMITED IN DURATION TO A PERIOD OF 30 DAYS AFTER THE DATE ON WHICH YOU FIRST USED THE SERVICES, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.

 

  •  Limitation of Liability

 

To the fullest extent permitted by law: (i) TSMA shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, economic or pure economic losses, goodwill, use, data, service interruption, computer damage, system failure, inability to use the Services or Content or other intangible losses, even if a limited remedy set forth herein is found to have failed its essential purpose; and (ii) TSMA’s total liability to you for all claims, in the aggregate, will not exceed the amount actually paid by you to TSMA over the 12 months preceding the date your first claim(s) arose. If you live in a jurisdiction that does not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation does not apply to you. To the extent that one or any aspect of TSMA’s limitations set out above does not apply, all remaining aspects survive. The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between TSMA and you.

 

  •  Indemnification

 

You agree to indemnify, defend, and hold harmless TSMA and its directors, officers, employees, and agents, from and against all claims, damages, losses and costs that arise from or relate to  (i) your activities on the Services, (ii) any User Content submitted by or on behalf of you or (iii) your violation of these Terms.

 

  •  Safety Warnings; Assumption of Risk

 

THE SERVICES INCLUDE HEALTH AND FITNESS INFORMATION AND ARE DESIGNED FOR EDUCATIONAL PURPOSES AND PERSONAL USE ONLY. YOU SHOULD CONSULT YOUR PHYSICIAN OR GENERAL PRACTITIONER BEFORE BEGINNING A NEW FITNESS PROGRAM. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN, GENERAL PRACTITIONER OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ, SEEN, OR HEARD ON THE SERVICES. THE USE OF INFORMATION PROVIDED THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK AND IS NOT MEDICAL OR HEALTHCARE ADVICE.

THE SERVICES INCLUDE INSTRUCTION IN THE MARTIAL ARTS. MARTIAL ARTS ARE INTENDED TO BUILD PRINCIPLES SUCH AS HUMILITY, DISCIPLINE, RESPECT, PERSEVERANCE, AND INTEGRITY. UTILIZING THE PHYSICAL ASPECTS OF MARTIAL ARTS OUTSIDE OF THE STUDIO SHOULD BE A LAST RESORT AND FOR DEFENSE PURPOSES ONLY.

NOTHING STATED OR POSTED ON THE TSMA SITE OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THESE TERMS, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. THE SERVICES IS CONTINUALLY UNDER DEVELOPMENT AND, TO THE FULL EXTENT PERMITTED BY LAW, TSMA MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS AND NUTRITIONAL CONTENT THAT APPEARS HERE. NO ASSURANCE CAN BE GIVEN THAT THE CONTENT OR THE SERVICES WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.

In using the Services, you affirm that either 

(A) all of the following statements are true: 

(i) no physician or general practitioner has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician or general practitioner; 

(ii) you have never felt chest pain when engaging in physical activity, including at any time within the past month; 

(iii) you have never lost your balance because of dizziness and you have never lost consciousness other than intentionally through, e.g., a surgical procedure requiring anesthesia; 

(iv) you do not have an injury or condition that could be made worse by a change in your physical activity; 

(v) your physician or general practitioner is not currently prescribing drugs for your blood pressure or heart condition; 

(vi) you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems;  

(vii) (if applicable) you are not pregnant, breastfeeding or lactating; and

(viii) you do not know of any other reason you should not exercise; or 

(B) you have consulted your physician or general practitioner and he or she has specifically approved of your use of the Services.

TSMA reserves the right to refuse or cancel your membership if we determine that you have certain medical conditions or that the representations set forth above are untrue in any respect.

 

  •  Intellectual Property 

 

TSMA owns and retains all rights to the Services, and the Content is owned or controlled by TSMA and TSMA’s licensors. The Services and the Content are also protected by copyright, trademark, and other intellectual property laws. 

The TSMA name, logos and affiliated properties, designs, and marks are the exclusive property of TSMA, whether registered or unregistered, and may not be used in connection with any product or service that is not ours, or in any manner that is likely to cause confusion as to our endorsement, affiliation or sponsorship of any person, product or service. Nothing contained on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or other intellectual property without our express prior written consent. 

Any other trademarks appearing on the Services are trademarks of their respective owners. Our partners or service providers may also have additional proprietary rights in the content that they make available through the Services. All rights not expressly granted in this Agreement are reserved.

 

  •  Digital Millennium Copyright Act (DMCA) Policy

 

If you believe that any Content or other material provided through the Services, including through a link, infringes your copyright, you should notify TSMA of your infringement claim in accordance with the procedure set forth below.

We will process each notice of alleged infringement that TSMA receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to TSMA’s copyright agent at info@tsk.com (subject line: “DMCA Takedown Request”). You may also contact us by mail at:

Tiger Schulmann’s Martial Arts

11555 Heron Bay Blvd.

Suite 200

Coral Springs, FL 33076

Attn: Legal Department 

To be effective, the notification must be in writing and contain the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Services that is reasonably sufficient to enable TSMA to identify and locate the material; (iv) how TSMA can contact you, such as your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you that the above information in your notice is accurate and under penalty of perjury that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material. 

TSMA will terminate the accounts of repeat infringers in appropriate circumstances.

If you have questions about the legal requirements of a DMCA notice, please contact an attorney or see Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(c)(3), for more information. If you have questions about the legal requirements of a DMCA counter-notification, please contact an attorney or see Section 512(g)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(g)(3), for more information.

 

  • ARBITRATION REQUIREMENT & CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS MAY AFFECT YOUR LEGAL RIGHTS. APPLICABLE TO THE FULL EXTENT PERMITTED BY LAW.

 

 

    1. PLEASE READ THIS CAREFULLY. WE WANT YOU TO KNOW HOW IT AFFECTS YOUR RIGHTS. If you have an issue with the Services, we encourage you to review our frequently asked questions or contact our customer service team at info@tsk.com or 305-874-0002. In the event there is an issue that still requires attention, we want to make the resolution process as quick and efficient as possible. We also want to specify now what each of us should expect in order to avoid any confusion later. To that end, you and TSMA agree to first discuss any issue informally for at least 60 days before commencing an arbitration proceeding. To do that, please send your full name and contact information, your concern and your proposed solution by mail to us at: 

 

Tiger Schulmann’s Martial Arts

11555 Heron Bay Blvd.

Suite 200

Coral Springs, FL 33076

Attn: Legal Department 

 

If we would like to discuss an issue with you, we will contact you using the most recent email address you provided, either in your account or by sending an email to us.

 

    1. If we do not reach an agreed upon solution after our discussions for at least 60 days, you and TSMA agree that any and all claims, except disputes relating to the ownership or enforcement of intellectual property rights or TSMA’s rights to seek and/or obtain injunctive or equitable relief, that either of us may have, whether based on past, present, or future events, arising out of or relating to: (i) these Terms (including formation, performance, or breach of them, and including the scope and enforceability of this arbitration provision); (ii) the Privacy Policy, which is incorporated in these Terms; (iii) any aspect of our relationship with each other; and (iv) use of the Services (collectively, a “Dispute”), must be resolved through binding arbitration. Any Dispute shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules  and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

 

The place of arbitration shall be Coral Springs, Florida. The arbitration shall be governed by the laws of the State of New York. Hearings will take place pursuant to the standard procedures of the Commercial Arbitration Rules that contemplate in person hearings. Each party shall bear its own costs and expenses and an equal share of the arbitrators’ and administrative fees of arbitration. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. It is important that you understand that the arbitrator’s decision will be binding and final (except for a limited right of appeal under the U.S. Federal Arbitration Act) and may be entered as a judgment in any court of competent jurisdiction. 

 

Please note that YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. As an exception to this arbitration agreement, you have the right to pursue in small claims court any claim that is within that court’s jurisdiction, whether or not you discussed with us informally first, as long as you proceed only on an individual basis.

 

    1. YOU AND TSMA AGREE TO ARBITRATE IN EACH OF OUR INDIVIDUAL CAPACITIES ONLY, NOT AS A REPRESENTATIVE OR MEMBER OF A CLASS, AND EACH OF US EXPRESSLY WAIVES ANY RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. No arbitration or proceeding can be combined with another without the prior written consent of you, TSMA, and any other parties to the arbitration or proceedings.

 

    1. Nothing in this Section shall be construed as consent by TSMA to the jurisdiction of any other court with regard to disputes not covered by these Terms.

 

    1. If you’re not sure what the provisions above mean, we encourage you to consult an attorney. While we hope that no issue arises with any of our users, it is important to define what happens if it does. 

 

 

  •  Limitation on Time to Bring a Claim

 

To help resolve any issues between us promptly, you and TSMA agree to bring any claim arising out of or relating to these Terms (including our Privacy Policy), our relationship, or the use of the Services within one year after a claim arises; otherwise, the claim is waived. This limitation applies regardless of the venue in which such claim is or could otherwise be asserted.

 

  • Contracting Entities, Governing Law and Jurisdiction

 

These Terms shall be governed by the laws of the State of New York, United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.

Subject to the agreements in Section 20 above, exclusive jurisdiction for all Disputes that are not required to be arbitrated will be the state and federal courts located in Broward County, Florida, United States of America, and you consent to the jurisdiction of those courts.

 

  •  Interpretation; Severability; Waiver; Remedies

 

Headings are for convenience only and shall not be used to construe these Terms. If any term of these Terms is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from these Terms. No failure or delay by TSMA in exercising any right hereunder will waive any further exercise of that right. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of TSMA. TSMA’s rights and remedies hereunder are cumulative and not exclusive.

 

  •  Successors; Assignment; No Third Party Beneficiaries

 

These Terms are binding upon and will inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign or transfer these Terms without TSMA’s prior written consent. TSMA may assign its rights, obligations and/or these Terms at any time in its sole discretion without notice to you.

 

  •  Notices

 

You consent to receive all communications including notices, agreements, disclosures, or other information from TSMA electronically. TSMA may communicate by email or by posting to the Services. For support-related inquiries, you may email info@tsk.com. For all other notices to TSMA, write to the following addresses:

Tiger Schulmann’s Martial Arts

11555 Heron Bay Blvd.

Suite 200

Coral Springs, FL 33076

Attn: Legal Department 

Nothing in these Terms or otherwise limits TSMA’s right to object to subpoenas, claims, or other demands.

 

  •  Entire Agreement

 

These Terms incorporate our Privacy Policy by reference, as well as any other policies or procedures referenced herein that are posted to the TSMA Site from time to time.

In the event of a conflict between any policies posted on the Services and these Terms, these Terms will control. These Terms represents the entire understanding between TSMA and you regarding the Services or Content and supersede all prior agreements and understandings regarding the same. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

 

  •  Force Majeure

 

Neither Party shall be liable for any failure or delay in performance under these Terms (other than for delay in the payment of money due and payable in accordance with these Terms) for causes beyond the party’s reasonable control and not caused by that party’s fault, or negligence, including, but not limited to, “acts of God”, acts of government, flood, fire, civil unrest, acts of terror, strikes or other labor problems, computer attacks or malicious acts, such as attacks on or through the internet, any internet service provider, telecommunications or hosting facility, but in each case, only if and to the extent that the non-performing Party is without fault in causing such failure or delay, and the failure or delay could not have been prevented by reasonable precautions and measures and cannot reasonably be circumvented by the non-conforming Party through the use of alternate sources, workaround plans, disaster recovery, business continuity measures or other means. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.