Terms of Service and Disclaimer
YOU MUST BE AT LEAST 18 YEARS OF AGE TO ACCESS THIS WEBSITE.
Terms of Service
These terms of service (“Terms of Service”) constitutes a legal agreement between you and Root of Movement, LLC/Duce Enterprises, LLC and govern your use of the service described in Section 1 below. Please read this agreement carefully.
1.1 Root of Movement, LLC (Root of Movement Internal Arts/ROM) provides free written content and videos as well as live classes, workshops, seminars, online learning courses and corporate trainings which are held at various locations around the world.
Some of our products allow you to purchase and view online content (Online Learning courses in Qi Gong, Nei Gong and Martial Arts), sign up for live classes or purchase classes for other individuals, groups, companies or NFP's.
ROM maintains a mailing list and sends email announcements of new products as well as monthly newsletter to those who have opted-in to be on the email list and receive these announcements. If you purchase online courses or register for live classes/workshops/seminars you have agreed to be on our mailing list for purposes of customer support and notification of changes to the these courses and classes.
1.2 To use the services provided by ROM, you must first agree to these Terms of Service. If you do not accept these terms, you are not entitled to use the Service. You accept the Terms of Service including our use of Third Party registration companies, product purchase and delivery companies, email service companies and Third Party marketplace companies such as Paypal. By purchasing our products and not-opting out from our email list, you have agreed to comply with the Terms of Service and any applicable law, regulations or policies in the relevant jurisdiction.
1.3 ROM may modify these Terms of Service by posting new or additional terms. Such modifications and additional terms will be incorporated into the agreement between you and ROM .If you do not agree to the changes, you must notify ROM and cease your use of the Service and any Product and Content obtained through the Service. Your continued use of the Service is your acceptance of the changed Terms of Service.
1.4 You must be 18 years of age or older to subscribe and to use the Services. In certain jurisdictions, the age of majority may be older than 18, in which case, you must satisfy that age in order to use the Services. While individuals under the age of 18 may utilize the Service, they may do so only with the involvement, supervision, and approval of a parent or legal guardian.
USE OF THE SERVICE
2.1 Products and services provided through the Service are licensed (or otherwise provided for your use) and not sold to you (save for products, books, etc.). ROM reserves all other rights not expressly granted in the Terms of Service.
2.2 In order to access certain features or services provided through the Service, you may be required to provide information about yourself; such as your name, address, phone number and billing details. You agree that any such information you provide to ROM will always be accurate, complete and current at all times. Certain features or services may also require you to open a user account. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password. You agree to notify ROM immediately of any unauthorized use of your account or password.
2.4 You agree that you will not (i) engage in any activity that interferes with or disrupts the Service (or the servers and networks which are connected to the Service), (ii) use the Service to transfer or upload Content or other material that contains viruses, corrupted data, malicious software or programs that may harm computers or other property or (iii) use any of the Products or Content provided through the Service in a way that interferes or disrupts any servers, networks, or websites operated by ROM or any third-party or (iv) in any other manner misuse the Service or use the Service other than for the intended purpose.
2.5 You agree that ROM and/or third parties own all rights to the Service and the Products available through the Service, including without limitation all applicable intellectual property rights. Intellectual property rights include, without limitation, copyright, trademark rights, patent rights, design rights, trade secrets, know-how and any and all other proprietary rights worldwide.
2.6 You agree that you will not (i) copy, sell, license, transfer, modify, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the ROM website or ROM products, to the maximum extent permitted by applicable law, (ii) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (for example digital rights management or forward-lock functionality) in the Service or the Products, (iii) use the Products to access, copy, transfer, transcode or retransmit content in violation of any law or third-party rights, or (iv) remove, obscure, or alter ROM's or any third-party’s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within the Service or the Products.
RULES OF CONDUCT AND CONTENT
We want to keep everything running smoothly and be welcoming for everyone.
3.1 You agree that you will not use the Service to defame, harass, discriminate or threaten another person/company or in any other way violate rights. To the extent that the Service or a Product allows you to upload content (“Content”) the following applies. You agree to and warrant that the Content is created, owned or duly licensed by you. You may not upload Content that contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have the permission from the rightful owner of the material. You may not upload Content or other material which promotes illegal activity, is racially or ethnically offensive, constitutes defamation or is otherwise discriminating or offensive in any other way.
3.2 ROM reserves the right to immediately, without prior notice to you, remove any Content or other material from the Service that ROM in its sole discretion, deems to be in breach of these Terms of Service or any other terms or conditions posted on the Service or otherwise deems to constitute a misuse or a use of the Service for other than the intended purpose. ROM reserves the right to terminate a user’s account if you take any action that ROM determines is harmful to the Service or the use of the Service by others or is in violation of applicable law or these Terms of Service.
3.3 All information on Our Site is provided “as is”, without any representations or warranties of any kind, and Jonathan Breshin and Root of Movement, LLC expressly disclaim all express and implied warranties. The information on Our Site is subject to change without notice.
The information contained on Our Site is for informational purposes only. Jonathan Breshin and ROM disclaim all responsibility for any liability, loss, injury, or risk, personal or otherwise, which is incurred as a consequence, directly or indirectly from the use of this website or following any of the instructions contained herein.
User assumes all risk for performing the exercises or following any instructions contained or described in Our Site. Use of Our Site constitutes a covenant not to bring any lawsuits or action for any injury or loss caused by Our Site or that otherwise asserts a claim that is within the scope of the Release and Waiver below.
In no way is any information contained on Our Site a substitute for professional medical care and/or diagnosis. Before starting any program, exercise, movement, or breathing regimen, you should obtain the advice and permission of your physician or other health care professional. The information and services made available by or through the use of Our Site are provided for use by persons who have satisfied themselves as to the appropriateness of such information and services for themselves after obtaining the advice of a physician or other health care professional.
If you have chosen not to obtain a physician’s permission prior to beginning any program, exercise, movement or breathing regimen, then you are doing so at your own risk.
4.1 ROM respects the intellectual property rights of others and expects users of the Service to do the same. ROM will respond to notices of alleged copyright infringement that are properly provided.
4.2 If you believe or suspect that Content on the Service or used in connection with a Product is in breach of the Terms of Service or is used in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the Content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed (information reasonably sufficient to permit us to locate the material); (iv) your contact information, such as your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner.
4.3 Materials on Our Site may be accessed through your membership on our Site for the term of your membership. Material may not be downloaded, copied, modified, distributed, republished, or stored by you in any manner. All material is copyrighted by Jonathan Breshin and ROM and all rights are reserved.
4.4 For notice of alleged copyright infringement appearing on the Service, contact us at firstname.lastname@example.org.
PROVISION OF THE SERVICE AND PRODUCTS
5.1 ROM reserves the right to modify, suspend or discontinue the Service (or any part of features thereof), at any time without prior notice to you. ROM is not liable to you or any third-party should it exercise such rights.
5.2 ROM may make available to you various payment processing methods to enable or facilitate the purchase, licensing or other use of Products from the Service. You agree to abide by any relevant terms of service or other legal agreement, whether with ROM, or a third-party that governs your use of the given payment processing method.
5.3 All sales, licensing and subscriptions are final and nonrefundable unless otherwise provided by mandatory law or expressly stated by ROM. Unless otherwise expressly stated by ROM, prices for Products offered through the Service may change at any time. ROM does not provide price protection or refunds in the event of a price reduction or a promotional offering.
5.4 You agree to comply with any and all applicable tax laws; including the reporting and payment of any additional taxes arising in connection with your use of the Service or the purchase or utilization of Products through the Service.
THIRD PARTY TERMS
7.1 Products provided through the Service may communicate with ROM servers, or a third-party’s server, from time to time to check for available updates to the Products, such as bug fixes, patches, enhanced functions and new versions. By installing the Products, you agree to such requested and received updates.
8.1 Products provided through the Service may be subject to laws or regulations relating to the control of imports and exports of the Products. You agree to comply with all such applicable laws and you shall not export or re-export directly or indirectly any part of the Products to any such country without first obtaining permission from the relevant authority.
9.1 To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless ROM its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorney fees) arising out of or accruing from your use of the Service, including your downloading, uploading, installation, or use of any Products or Content, or your violation of these Terms of Service.
10.1 These Terms of Service will continue to apply until terminated by you or ROM.
10.2 If you want to terminate these Terms of Service, you may do so by notifying ROM and ceasing your use of the Service and any Product (other than hardware and tangible items) and content obtained (if any) through the Service. You are responsible for terminating any third party payment arrangements that allow you to access our products and services.
10.3 ROM may at any time terminate these Terms of Service with you if (i) you have breached any provision of these Terms of Service; (ii) ifROM is required to do so by law; or (iii) if ROM decides to no longer provide the Service.
DISCLAIMER OF WARRANTIES
11.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE AND ANY PRODUCTS OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE, IS AT YOUR SOLE RISK AND THAT THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES TERMS AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO ANY PRODUCTS OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICE AS WELL AS THE SERVICE ITSELF, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THESE TERMS OF SERVICE CANNOT CHANGE.
11.2 YOUR USE OF THE SERVICE AND ANY PRODUCTS OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH USE.
LIMITATIONS OF LIABILITY
12.1 BY ACCESSING THE ROM WEBSITE, THE USER ACKNOWLEDGES AND AGREES THAT THE USER HAS READ THIS RELEASE AND WAIVER OF LIABILITY, FULLY UNDERSTANDS ITS TERMS, UNDERSTANDS THAT THE USER HAS GIVEN UP SUBSTANTIAL RIGHTS BY AGREEING TO IT, AND HAS AGREED TO IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO THE USER. BY ACCESSING THE WEBSITE, THE USER ALSO ACKNOWLEDGES AND AGREES THAT THE USER WAIVES, RELEASES, AND FOREVER DISCHARGES ROM AND JONATHAN BRESHIN AND THEIR RESPECTIVE HEIRS, DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS AND ASSIGNS, ADMINISTRATORS, EXECUTORS, AND ALL OTHERS FROM ANY AND ALL CLAIMS, RIGHTS, DEMANDS, LOSSES, DAMAGES, INJURIES, CAUSES OF ACTION, RESPONSIBILITIES AND LIABILITIES, IN LAW OR IN EQUITY, OF ANY NATURE WHATSOEVER, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, FIXED OR CONTINGENT, THAT ARE BASED UPON, ARISE FROM, CAUSED BY, OR RELATED TO, IN ANY WAY, THIS WEBSITE, PARTICIPATION IN THIS WEBSITE, OR THE MATERIALS CONTAINED IN THIS WEBSITE, TO THE GREATEST EXTENT ALLOWED BY LAW, WHETHER INVOLVING NEGLIGENCE OR OTHERWISE.
12.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT ROOT OF MOVEMENT AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY (WHETHER CONTRACT, TORT INCLUDING NEGLIGENCE OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, LOSS OF INCOME, BUSINESS OR PROFITS THAT MAY BE INCURRED BY YOU THROUGH YOUR USE OF THE SERVICE OR ANY PRODUCTS OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED FROM THE SERVICE, INCLUDING ANY LOSS OF DATA. IN ANY EVENT THE LIABILITY OF THOMAS BISIO, AND NEW YORK INTERNAL ARTS IF ANY, SHALL BE LIMITED ONLY UP TO THE AMOUNT PAID BY THE USER FOR THE PRODUCTS AND/OR SERVICES HEREIN.
13.1 ROM may assign, transfer, sell or otherwise dispose its rights and obligations under these Terms of Service, in whole or part, at any time without notice to you. You may not assign this agreement or any part of it.
13.2 ROM may notify you with respect to the Service by sending an e-mail message to the e-mail address provided by you or by a posting on the Service. Notices shall become effective immediately.
13.3 These Terms of Service and the use of the Service are governed by United States Law.
13.4 By creating a user account and/or using any of the Products, including membership, you demonstrate that you hereby accept and acknowledge that you are obliged to follow the terms of this Terms of Service. By obtaining a paid subscription, you acknowledge that you have read, understand and agree to all of the terms, conditions, obligations and limitations of this Term of Service (including, but not limited, any and all of Root of Movement, LLC policies, standards, instructions and guidelines, from time to time).
Updated: These terms are effective as of May 23, 2018.