1. TERMS AND CONDITION FOR THIS WEBSITE
The following terms and conditions apply to the websites which can be called up under the URL http://www.you-can-fight.com and the associated services which are operated by WeQ Inc., 2272 Airport RD S, Suite 201, Naples, FL 34112, United States of America, hereinafter referred as WeQ.
1.1 COPYRIGHT AND OTHER PROTECTED RIGHT
All materials contained in these websites, especially web pages, programs, graphics, images, sound, video, scripts and texts are intellectual property (© 2016) of WeQ. All rights are reserved. Unless explicitly indicated otherwise, you should assume that everything which you see or read on this website is subject to legal protection. All materials should exclusively be viewed, copied, printed out and passed on for personal, non-commercial and information purposes. Any copies must contain a copyright reference to WeQ. References given to protected rights must not be removed. Any commercial and/or public use of the materials is prohibited.
The logos and signs shown on the WeQ site, especially the WeQ logo and the YOU CAN FIGHT! logo are a registered or not registered trademarks of WeQ or one of its licensors.
1.3 NO LICENSE
Without the approval of WeQ or of its relevant licensor in writing, no licence or other right to the use of the contents on the WeQ site is granted either explicitly or implicitly or in any other way. Any abusive use of the materials is strictly prohibited and will be subject to civil and criminal prosecution by WeQ.
All notices, proposals, ideas and other contents which you provide to WeQ, will be regarded as provided on a nonconfidential basis. WeQ reserves the right to use this information at its exclusive discretion. WeQ is not subject to any obligation to treat the submissions as confidential or to respond to any submissions. You are responsible for ensuring that none of your submissions infringe the rights of third parties (including copyright, trademark, patent, commercial secrecy, privacy or other personal rights or intellectual property rights) and to that extent indemnify WeQ from all claims of third parties, including reasonable costs of legal defence.
1.5 USER BEHAVIOR
As a user of the WeQ site you are required to comply with the law of the United States of America. Above all, you undertake to comply with the applicable youth protection regulations. In particular, you are not permitted to send contents over the WeQ site or in any other way to make them available which are libellous, defamatory, obscene, harmful, pornographic, promoting violence or represent infringement of privacy; infringe commercial protected rights or offer goods or services or solicit financial funds. User activities whose purpose is to render the WeQ site functionally defective or at least to make use of it more difficult are prohibited and could give rise to civil and criminal proceedings. The WeQ site (including its services) may also not be used for illegal purposes. In particular, it is prohibited to register third parties without their knowledge and explicit consent for the newsletter and/or e-zine service or register third parties without their knowledge and explicit consent for lotteries on the WeQ site.
1.6 PARTICIPATION IN RAFFLES
The WeQ sites may contain an invitation to participate in raffles. All raffles are subject to the following conditions: Employees of WeQ and the companies connected with it and there dependents are excluded from participation in the raffles, no cash disbursement and/or an replacement of the prizes is possible, recourse to the courts is not permitted.
You are yourself responsible for all your activities on and in connection with the WeQ site. Those with responsibility for upbringing are liable for their children. WeQ will ensure proper care and maintenance of the WeQ site. However, WeQ gives no guarantee that the WeQ site will be accessible at all times. WeQ also does not guarantee that the WeQ site will always be in the most up-to-date condition and free of defects. It is possible that delays, transcription errors or even misinformation could occur. WeQ is only liable to the extent that WeQ , its agents and/or statutory representatives commit deliberate or grossly negligent conduct. In the event of minor negligence, WeQ will only be liable to the extent that major obligations of the agreement are infringed by WeQ , its agents and/or statutory representatives. In this case, there is no liability of WeQ and/or its agents and statutory representatives in the event of asset loss in respect of indirect damage, especially consequential damage, unforeseeable damage or untypical damage as well as loss of profit. Any statutorily prescribed fault-Independent liability of WeQ – especially a statutory guarantee liability – is not affected by the above restrictions of liability. This also applies to the liability of WeQ in the event of culpable injury of life, limb or health. The four previous paragraphs contain all the contractual and noncontractual claims which arise out of the present agreement and/or the use of the WeQ site.
In some circumstances, the WeQ site will contain links to other websites, whose contents cannot be managed and/or influenced by WeQ. These are purely for reference purposes. WeQ is not liable either for the accuracy of the content of these websites or for the material which can be obtained from these websites. The linked sites of the relevant website were reviewed at the time of the establishment of the link for possible legal infringements. However, without specific grounds for suspicion of a legal infringement, permanent control of the content of the linked site cannot reasonably be expected.
1.9 CHANGES / IMPROVEMENTS
WeQ reserves the right to change the present utilisation conditions and the content and structure of the WeQ site at any time. This also includes modifying or completely ceasing specific offers and services with a cost obligation.
The law of the United States of America will be applicable. The use of UN purchasing law and international private law is excluded. The legal venue is Miami, FL 33131, United States of America, if the user is a commercial agent.
2. TERMS AND CONDITION FOR SALES AND SERVICES
The following terms and conditions apply to all sales and services, especially all tactical trainings provided by WeQ Inc., hereinafter referred as WeQ . The words “we” and us” and “our” refer to WeQ . The words “you” and “your” refer to the purchaser. You should review carefully these terms and conditions. These terms and conditions include limited warranties and disclaimers of liability. By purchasing and using the services of WeQ you agree these terms and conditions to be part of the agreement between you and us. If you have any questions contact us.
2.1. GENERAL TERMS AND CONDITIONS FOR SALES AND SERVICES
2.1.1 SERVICES AND FEES
We shall provide offline services such as real physically trainings in realistic self defense, fighting scenarios and other reality-based training matters like boxing, kicking, fencing and demonstration. Offline services may hereinafter also be simply named “Trainings”. Besides we shall provide online services in these or further matters. Online services may hereinafter also be named “Content”. Some services may be exclusively accessible to special person subgroups, such as females, security or law enforcement personal. However, a contract with you will only come into effect when your booking is confirmed by us or one of our agents and any of the specific terms of payment is fulfilled by you. We reserve the right to disclaim any booking or order without giving justification. According to your booking we may demand supporting verification documents such as copy of your passport, police identity card or clearance certificate. Prices and fees for trainings are always exclusive of board and lodging.
2.1.2 HIGH RISK ACTIVITIES / ASSUMPTION OF THE RISK AND AGREEMENT TO INDEMNIFY
Services offered by us include realistic self defense training, fighting scenarios and other reality-based training matters like boxing, kicking, fencing and demonstration. Participation in any of these activities is high risk activity. Your participation in any of these activities is at your own risk. You should consult with a physician before participating in any of these high risk activities. Follow specific warnings and instructions given by instruction personal.
You understand and agree that realistic self defense training, fighting scenarios and other reality-based training matters like boxing, kicking, fencing and demonstration are high risk activities and, to the fullest extent may be permitted by law. You expressly and voluntarily assume the risk of death or other personal injury sustained while participating in such activities whether or not caused by the negligence or other fault of us, including but not limited to equipment malfunction from whatever cause or any other fault of us. Additionally, you agree to indemnify, defend and hold us and our agents and shareholders harmless from any third party claims arising from such high risk activities or training weapons or any other of our service.
2.1.3 CANCELLATION OF BOOKING / DISQUALIFICATION
Any cancellation of booking shall be made in writing by mail or email. Cancellation of any booking is only possible if the booked service has not yet been provided to you and the providing of the service is not scheduled to a specific time and date. In case of cancellation within 30 days or more before the beginning of a booked service, we may not charge for the canceled service as long as we had no own specific expenses according to you booking. In case of cancellation within 30 to 15 days before the beginning of a booked service, we will charge 50 % of the fee for the canceled service and additionally may charge for specific expenses according to your booking. In case of cancellation within less than 15 days before the beginning of a booked service, we will charge 100 % of the fee for the canceled service and additionally may charge for specific expenses according to your booking. We may cancel any service for economic or organizational reasons or in case of force majeure. If so, we will payback any obtained fee according to the canceled service without accepting additional claims for damages. We reserve the right to disqualify any participant from an ongoing training for security or regularity reason. In case of disqualification no fee will be paid back and we will not accept any additional claims for damages.
2.1.4 APPLICABLE LAW AND ARBITRATION OF DISPUTES
Your order from and all sales by us shall be governed in all respects by the laws of the State of Florida, U.S.A. The terms and conditions of all sales by us provide for resolution by binding arbitration in Miami, FL of all disputes between you and us, except disputes involving claims not exceeding $5,000.00 shall be resolved in the Small Claims Court division of the Superior Court of Florida. You agree that resolution of any such claim exceeding $5,000.00 shall be exclusively and finally by arbitration subject to the provisions of the Florida’s Code of Civil Procedure concerning arbitration and the rules of the American Arbitration Association applicable to the claim at the time arbitration is commenced. Such arbitration shall occur in Miami, FL, before a sole arbitrator. Any award rendered in any such arbitration proceeding shall be final and binding on each of the parties, and judgment may be entered thereon in a court of competent jurisdiction. A small claims court action or an arbitration, as the case may be, to pursue any cause of action or claim you may have with respect to the purchase or use of our products or any other claim related to the use of our website or catalog must be commenced within one (1) year after the claim or cause of action arises. Our failure to enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct nor trade practice shall act to modify any of these terms and conditions.
“Binding Arbitration” means you give up your right to go to court to assert or defend your rights under the agreement between you and us or arising out of the agreement, and that your rights will be determined by a neutral arbitrator and not a judge or jury. You should know arbitration procedures are more limited than court procedures. Arbitrator decisions are as enforceable as any court order and are subject to very limited review by a court.
2.1.5 GENERAL DISCLAIMER
Service descriptions, typographic, instruction, pricing and photographic errors are unintentional and subject to correction. We regret, but are not liable for such errors. We reserve the right to reject any order placed for a service listed at an incorrect price. If you discover an error in our website please let us know. For clearance or close out items, all sales are final. No returns or exchanges.
2.2 SPECIAL TERMS AND CONDITIONS FOR ONLINE SERVICES
2.2.1 USER AGREEMENT
The following terms and conditions relate to the online content provided free of charge and content subject to payment (“free and paid-for content”) that we will provide to you. By accessing www.you-can-fight.com (“the site”) you agree to these terms and conditions. If you use the site and the associated services in the course of business you also agree to these terms and conditions on behalf of that business. If you do not agree with the terms and conditions or you are not authorized to do so you should not use the site.
2.2.2 SERVICES AND FEES
We shall provide free and paid-for content on our websites. This may include a subscription for paid-for content available. We reserve the right to vary the free and paid-for content and do not guarantee that the free content will remain free of charge and do not guarantee that the paid-for content will remain a paid-for service. You agree to pay any subscription fees (“fees”) at rates in effect when the charges are incurred. By submitting credit or debit card details to us you warrant that you are entitled to purchase the paid-for content using those payment details. In the event of an unauthorized payment we reserve the right to suspend or terminate your access to the site and paid-for content. If no payment authorization is received or payment authorization is subsequently canceled, we may immediately terminate or suspend access to any paid-for content and/or the site. We will try to process your request for any paid-for content promptly but do not guarantee that the paid-for content will be available to you by any specified time. If you have paid the fee for a subscription for the supply of paid-for content for a defined period you will have no right of cancellation for the supply of the paid-for content other than the right to cancel the subscription for paid-for content. This does not affect your statutory rights.
2.2.3 REGISTRATION, PASSWORDS AND PRIVACY
You will also be requested to create a password in a format specified by us. You should not disclose the password to any other person or entity and should ensure that the password remains confidential at all times. In the event that you know or have a reasonable suspicion that a third party knows your password, you should notify us immediately. If we have any reasonable grounds for believing that you have misused or are misusing the password, we may require you to change the password or may suspend your use of the access to the site, including paid-for content, until such time as we are satisfied that the security of the site is no longer compromised by the your activities.
2.2.4 LIMITATIONS ON USE OF THE SIDE
All content and services provided by us belongs to us or is licensed to us by licensors. We or our licensors, own all the intellectual property rights in the content and services. The content and services provided are solely for your personal and the you should not sub-license, distribute, sell, supply, modify, adapt, amend, incorporate, merge, or otherwise alter any content or service provided under this agreement. You should not remove or replicate any logo, copyright or proprietary notices, legends, symbols, labels, watermarks, signatures or any other like marks affixed to or embedded in the content or services. You should not carry out any act or omission or permit any act or omission to take place that infringes or is likely to infringe any intellectual property rights owned or used by us or our licensors or otherwise relating to the site.
2.2.5 LIMITATION OF LIABILITY AND INDEMNITY
You expressly agree that the use of, and browsing of the site is at your own risk. Neither we nor any other party involved in creating, producing or delivering the site is liable for any direct, incidental, special, consequential, indirect or punitive damages arising out of your access to, or use of, or inability to use the site or any linked site or for the cost of procurement of substitute goods or services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through the site or resulting from any unauthorized access to or alteration of your transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible property including legal costs and expenses, even if we were advised of the possibility of such damages. You expressly agree that the downloading of any material form the site is at your own risk. Neither we nor any other party involved in creating, producing or delivering the site, is liable for any direct, incidental, special, consequential, indirect or punitive damages resulting from the User downloading material from the site or any linked site, including but not limited to, damages for loss of profits, use, data or other intangible property including legal costs and expenses, even if we were advised of the possibility of such damages. Without limiting the foregoing, everything on the site is provided to you “as is” and “as available” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of satisfactory quality, fitness for a particular purpose or non-infringement. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to every user. You must check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. While we will use reasonable efforts to include accurate and up to date information on the site, we make no warranties or representations as to its accuracy or completeness. We are not responsible for any errors or omissions or for the results obtained from the use of such information. The information is provided with the understanding that the information does not constitute any form of advice, recommendation or arrangement by us or our affiliates or any other party involved in the site and is not intended to be relied upon by you in making (or refraining from making) any decisions based on such information. You must make your own decisions on whether or not to rely on any information posted on the site. We reserves the right to modify information displayed on this site but it does not make any commitment to update the information displayed on this Site. No party (other than we) who is involved in the workings of the site, will at any time be liable or responsible in any way for the content, including paid-for content, and information provided on or via the site and for your use of the site. From time to time we will make available to you links from the site to third party sites. These sites are not in any way approved, checked, edited, vetted or endorsed by us and you agree that we shall not be responsible or liable in any way for the content, advertising or products available from such sites, the quality, functionality, suitability or legality of such sites or for any dealings that you may have, or the consequences of such dealings, with such third party site operators. Any arrangements made between you and any third party named on our site are at your sole risk and responsibility and we expressly disclaim any liability for third party information or opinions posted on this site or any linked sites that arises under criminal or civil laws relating to defamation, intellectual property, infringement, privacy, obscenity, or any other area of law.
You agree to indemnify, keep indemnified, defend and hold us and out parent companies, subsidiaries, affiliates and their respective officers, directors, employees, owners, agents, information providers and licensors (collectively the “indemnified parties”) harmless from and against any and all claims, damages, liability, losses, costs and expenses, including legal fees, whether or not foreseeable or avoidable incurred or suffered by any indemnified party and any claims or legal proceedings which are brought or threatened arising from your use of, connection with or conduct on the site or any breach by you of these terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agrees to co-operate with the defense of such claim.
2.2.7 CONSEQUENCES OF BREACH OF THESE TERMS
In the event that we consider or determine, in our complete discretion, that you have breached, violated or contravened the agreement or have otherwise demonstrated inappropriate conduct in the use of the site or the content or services we reserve the absolute right to (a) warn you that you have violated the agreement and ask you to discontinue such conduct. (b) discontinue your membership of the site and/or any other related services, including paid-for content. (c) take measures (including terminating, suspending or restricting your use of the site) to prevent you from using the site or linking to the site. This agreement supersedes all prior agreements, arrangements and undertakings and constitutes the entire agreement relating to the subject matter of this agreement.