This website (“Website”) is owned and operated by Magnus Karate, LLC (“we”, “us”, or “our”) and defines your right to access and use content on the Website and services offered by us and made available through the Website. These following Terms of Service, in connection with our Privacy Policy, represent a binding legal agreement between you and Magnus Karate, LLC and governs your use of the Website and related services. Please review the Terms of Service carefully before using or accessing the Website as they govern your use of our services. BY ACCESSING, BROWSING, OR USING THE SERVICES, OR BY CLICKING TO AGREE TO THESE TERMS OF USE WHEN THAT OPTION IS MADE AVAILABLE TO YOU, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF USE AND PRIVACY POLICY POSTED AT URL needed AND WILL COMPLY WITH ALL APPLICABLE LAWS. IF YOU DO NOT AGREE THEN PLEASE DO NOT USE OR ACCESS OUR WEBSITE OR USE OUR SERVICES. WE WILL DETERMINE YOUR COMPLIANCE WITH THESE TERMS OF USE IN OUR SOLE DISCRETION AND OUR DECISION WILL BE FINAL AND BINDING. We reserve the right to update or change these Terms of Service at any time and for any reason without individual direct notice to you or any other users of the Website. By continuing your use of the Website, you agree to be bound by any such revisions or changes, and therefore, you should visit this page of the Website periodically and print the latest version of the Terms of Service for your records. For your information, the date of the last update to these Terms of Service is stated at the top of this page. In addition to the Terms of Service, you should also read, understand and be aware of the provisions of Privacy Policy at URL needed which describes our practices regarding the collection and use of personal information. 1. NO WARRANTIES AND LIMITATION OF LIABILITY (a) Disclaimers; No Warranties: The contents, materials and services on the Website, whether provided by us or a third-party, including, without limitation, but not limited to, all text, graphics, links, animation, cookies, or certifications (collectively, the “Information“) are provided for informational purposes only. While we endeavor to include only accurate and current Information on the Website, we make no representations or warranties that such Information is correct, complete, up-to-date, or that it pertains, in whole or in part, directly or indirectly, to your needs and specific facts and circumstances. All Information is provided on an “as-is” basis without any warranties of any kind, either express or implied. To the maximum extent permitted by law, Magnus Karate, LLC DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS STRAINS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION IS ACCURATE, RELIABLE, COMPLETE, CURRENT, OR APPLICABLE. (b) Limitation of Liability: IN NO EVENT SHALL MAGNUS KARATE, LLC, NOR ANY OF ITS OWNERS, AFFILIATES, DIRECTORS, OFFICERS MANAGERS, EMPLOYEES, AGENTS OR OTHER AUTHORIZED REPRESENTATIVES, BE LIABLE FOR ANY DIRECT, SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO: PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE, LOSS OF PROFITS, INTERRUPTION OF SERVICE, OR LOSS OF DATA, WHETHER IN ANY ACTION IN WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR FUNDAMENTAL BREACH), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR ANY SERVICE OFFERED THROUGH THIS WEBSITE OR ANY MATERIAL OR INFORMATION CONTAINED IN OR ACCESSED THROUGH THIS WEBSITE, EVEN IF AN AUTHORIZED REPRESENTATIVE OF MAGNUS KARATE, LLC IS ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF THE SAME. IN NO EVENT ARE WE LIABLE FOR ANY DAMAGES CAUSED BY YOUR OR ANY THIRD-PARTY’S ACTS OR OMISSIONS. IN NO EVENT SHALL OUR TOTAL LIABILITY FOR ANY CLAIM CONNECTED WITH THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR ANY SERVICE OFFERED THROUGH THIS WEBSITE OR ANY MATERIAL CONTAINED IN OR ACCESSED THROUGH THIS WEBSITE, EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO US BY YOU DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH DAMAGES. (c) Applicability and Rights in Certain Jurisdictions: Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages such as incidental or consequential damages. Accordingly, the above disclaimers and limitations of liability may not apply to you if you reside in such a jurisdiction. You may also have other legal rights that vary from state to state. 2. ACCOUNT REGISTRATION You may need to apply for and be granted a user account with a unique username and password to access or use certain features of the Website. In creating a user account, you must be at least 18 years old and you must provide accurate, current and complete data as may be requested by us and/or our third-party service providers. You are prohibited from impersonating anyone else when creating or accessing a user account. You must maintain and promptly update such data so that it remains accurate, current and complete, and you consent and agree that we and/or any of our agents or representatives may verify any such data. Further, we may directly or indirectly through an analytic service, either incidentally during the course of business, or with your permission, access your user account, name, email address, mobile device number, collect other third-party data about you, and collect other information as we may request from time to time, (collectively, the “Personal Information“). Please see the Magnus Karate, LLC Privacy Policy at (insert URL) for further details. The information collected indirectly by analytic services, including, without limitation, Personal Information, is anonymous and aggregated. We reserve the right to use this information for any lawful business purpose, including utilizing, selling or sharing the aggregated and anonymized data collected, whether by us, our agents, or our third-party suppliers. We may also use this aggregated and anonymized data to analyze trends or seek third-party users. We reserve the right to deny or revoke a user account or limit access to features within the Website in our sole discretion. By registering to use the Website, you are solely responsible for maintaining the confidentiality of your username and password and for restricting access to your computer or device, and you agree to accept full responsibility and liability for all activities that occur using your account or your computer or device, including, but not limited to, unauthorized use of your user account or computer or device by others, directly or indirectly, in whole or in part. You may not transfer or otherwise allow others to access or use the Website using your user account and you must notify us immediately of any breach of security or unauthorized use of your user account. You agree that we are not liable for your losses that may be caused by, or arising out of, in whole or in part, directly or indirectly, any authorized or unauthorized use of, or access to your user account. You shall be fully responsible for losses of Magnus Karate, LLC, its owners, affiliates, business partners, directors, officers, managers, employees, agents and authorized representatives caused by, or arising out of, in whole or in part, directly or indirectly, any authorized or unauthorized use of or access to your user account. By registering for a user account, you expressly consent to receive communications from us, our agents, and our third party suppliers, and you authorize us to communicate with you by email, by posting notices on the Website or through your user account, or by using any other contact information you provide to us, subject to all applicable laws. You also expressly agree that all agreements, notices, disclosures and other communications that we or our authorized agents or third party suppliers provide to you electronically satisfy any legal or other requirements that such agreements, notices, disclosures and other communications be in writing. The Website may contain links or pointers to third-party websites not owned or controlled by us that may include products, services, opinions, information, recommendations, or advice of various individuals, organizations, or companies. These links or pointers to third-party websites are provided for convenience only. In providing such links or pointers, we do not represent that it has investigated the content of such third-party websites. We make no representations or warranties regarding any third-party websites, information or content, or the completeness or accuracy thereof, nor do we sponsor, endorse, credential, or accredit any opinions, information, recommendations, or advice included on such third-party websites that may be accessible through the Services that is not maintained, controlled or created by us. We assume no responsibility for or control over the content, privacy policies, cookies, or practices of any third-party websites. Additionally, because we do not control said third-party websites or the products advertised therein, you acknowledge and agree that we are not responsible, nor liable for, the availability of, or the products, services, content, advertising, or other materials on or available from, such websites. In no event shall any reference to any third-party website, product or service be construed as an approval or endorsement by Magnus Karate, LLC. Please see the Magnus Karate, LLC Privacy Policy for at (insert URL) further details. Your use of or access to third-party websites is at your own risk and subject to the terms and conditions of use for such websites. We encourage you to review the legal and privacy statements of all third-party websites to make your own decision regarding any interactions or communications with those websites. By using the Website or the Services, you expressly relieve us from any and all liability caused by, or arising out of, directly or indirectly, in whole or in part, your use or access of any third-party website. 3. REQUIREMENTS TO USE THE WEBSITE AND THE SERVICES In using the Website or the Services you agree to all the following, without limitation: (a) You accept and agree to these Terms of Service and the Magnus Karate, LLC Privacy Policy at (insert URL). (b) You will register an account with Magnus Karate, LLC on the Website if requested by us. (c) You are a United States citizen or permanent resident of the United States at least 18 years of age and you reside in the United States. (d) You agree to comply with all laws applicable to your use of the Website and related Services (e) You shall not modify, translate, disassemble, reverse engineer any portion of the Services, or otherwise seek to obtain the source code of the Services or Content, as defined below. (f) You shall not, nor permit anyone else, to launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Website or the Services in a manner that sends more request messages to the Magnus Karate, LLC servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Magnus Karate, LLC grants the operators of public search engines permission to use spiders to copy Content from the Services for the sole purpose of creating publicly available searchable indices of the Content, but not caches or archives of such Content and provided that such spiders do not affect operation of the Website or the Services. Magnus Karate, LLC reserves the right to revoke these exceptions either generally or in specific cases. (g) You shall neither collect nor harvest any personally identifiable information, including e-mail addresses from the Website or the Services, nor use the communication systems provided by the Website or the Services for any commercial solicitation purposes. (h) You shall not solicit any users of the Website or the Services for commercial purposes. (i) You shall not create or transmit unwanted electronic communications such as “spam” to other users or members of the Website or the Services or otherwise interfere with other users’ or members’ enjoyment of the Website or the Services. (j) You shall not transmit any viruses, worms, defects, Trojan horses or other items of a destructive or damaging nature. (k) You shall not use the Website or the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including those that are deemed threatening or obscene. (l) You shall not use any device, software or routine that interferes with the functioning and integrity of the Website or the Services. (m) You shall not use any device, software, or other instrumentality to disrupt, damage or interfere with or attempt to disrupt, damage or interfere with the functioning and integrity of the Website or the Services. (n) You shall not violate or attempt to violate the security of the Website or the Services, including, but not limited to the following: (i) logging onto an account that you are not authorized to access; (ii) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Website or the Services, overloading, “flooding,” “spamming,” “mail bombing” or “crashing;” or (iii) attempt to transmit any virus, Trojan horse or other software destruction or disruption device. (o) You shall not, intentionally or unintentionally, violate any applicable international, federal, state or local law, including, but not limited to, any regulations applicable to your Use. (p) You will not engage in any hate speech, threats, harassment. (q) You will not use any copyrighted music or other content without proper authorization. (r) You acknowledge that we reserve the right to terminate this your access to the Website and Services for any reason without disclosure. (s) You acknowledge that if your online behavior harms Magnus Karate, LLC, other Website users, other customers, our employees or agents, our third party suppliers, or the community at large, we may respond based on a number of factors including, but not limited to, the egregiousness of their actions and whether a pattern of harmful behavior exists. 5. INTELLECTUAL PROPERTY (a) Copyrights: All of the content included on the Website, including text, art, graphics, logos, button icons, images, pictures, audio clips, video clips, data compilations, and software (collectively “Content“), is the property of Magnus Karate, LLC, its members, partners, software suppliers, or content providers, and is protected by U.S. and international copyright laws. In addition, the compilation of all Content on the Website is the property of Magnus Karate, LLC and is protected by U.S. and international copyright laws. Except as granted in the limited license below, you may not modify, reproduce, prepare derivative works, distribute, post, compile, save, or transmit, in any form or by any means, any Content without our express prior written consent. Any unauthorized use may violate civil or criminal laws. (b) Trademarks: All trademarks, trade names, trade dress, graphics, logos, brand names, and service marks (each a “Mark” and collectively, “Marks“) of Magnus Karate, LLC, whether registered or unregistered, are the property of Magnus Karate, LLC and are protected by U.S. and international trademark laws. The overall look and feel of the Website, including any trade dress, is also our property. All other Marks appearing on the Website are the property of their respective owners, and are used with permission. We make no representations about these other marks, their owners and their products or services. Except as granted in the Limited License below, nothing contained on the Website should be construed as granting any license or right to use any Mark displayed on the Website without our express prior written consent or such third-party that may own the Mark. (c) Limited License and Access: Subject to your compliance with the Terms of Service, Magnus Karate, LLC grants you a limited, non-exclusive, non-licensable right and license to access and use the Website or the Services as they are offered and made available by us from time to time in our sole discretion for your personal non-commercial use (the “Limited License“). We expressly reserve any and all other rights not specifically granted under the Limited License. You are fully responsible for your use of the Website. Any unauthorized use shall immediately terminate the Limited License without notice, at our sole discretion. Unauthorized use shall include, but are not limited to, all the following: You shall not: i. License, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third-party the Website or Content in any way; ii. Modify or make derivative works based upon the Website or Content; iii. Create Internet “links” to the Website or “frame” or “mirror” any portion of the Website or Content on any other server or wireless or Internet-based device without our prior express written consent; iv. Reverse engineer or access the Website or Content in order to (a) build a competitive product, service, or website; (b) build a product using similar ideas, features, functions or graphics of the Website or Content; or (c) copy any ideas, features, functions or graphics of the Website or Content; v. Use the Website, or any portion of it, for any illegal or unauthorized purpose or in a manner that violates any applicable laws or the Terms of Service; vi. Create or modify another website, software or other service of any type or nature to duplicate or replicate the Website, in whole or in part. or in a manner that falsely implies association with Magnus Karate, LLC or the Website; vii. Distribute, reproduce, republish, duplicate, copy, sell, resell, visit or otherwise exploit the Website or Content, in whole or in part, without our prior express written consent, except as expressly permitted under the Limited License; viii. Frame, deep-link or otherwise enclose or associate with any trademark, logo or other proprietary information or Content (including images, text, page layout or form) of the Website without our prior express written consent; ix. Advertise or use any metatag or other “hidden text” using our name or trademarks without our prior express written consent. (d) Infringement Claims: Magnus Karate, LLC respects copyright law and expects users of the Website to do the same. Unauthorized copying or distribution of Content is an infringement of the copyright holder’s rights. We may elect to prosecute anyone who infringes upon our copyright, or other intellectual property rights. We will review all claims of copyright infringement received and remove Content or User Content, as defined below, deemed to have been posted or distributed in violation of any such laws. 6. USER CONTENT AND SECURITY We and our agents and third party suppliers may provide opportunities for you to post text messages, photographs, videos, blog posts, comments, or other content (collectively, the “User Content“) on the Website or pertaining to the Services. You can only post User Content if you own all the rights to that User Content, or if the owner of such other rights has granted you permission to post such User Content. Simply posting User Content does not transfer ownership of your User Content to us or our agents. However, by posting User Content, you are granting Magnus Karate, LLC and our agents licensees, and you assign to us an irrevocable, perpetual, non-exclusive license, right, and permission to reproduce, use, disclose, distribute, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use your User Content without notice to you or any further obligation to you (the “License“). Access to the Website and the Services is strictly conditioned upon your granting the License if you post User Content. Please note that the License continues indefinitely even if you stop using the Website or the Services. You hereby acknowledge and agree that your relationship with Magnus Karate, LLC and its agents and third party suppliers is not a confidential, fiduciary or other special relationship and that your decision to submit any User Content does not place us, our agents, or third party supplies in a position of trust regarding such User Content. By submitting any User Content to the Website or related to the Services, you represent and warrant all of the following: (a) The User Content is true, accurate, current, and complete; (b) You are not and shall not misrepresent your identity or your Personal Information; (c) You shall promptly notify us of changes to your Personal Information by updating your account on the Website; (d) You are the sole author and owner, or have the express permission of the owners, of the User Content and any intellectual property rights thereto, and have the appropriate authority to provide us with the rights and permissions to use the User Content as stated herein; (e) You are hereby waiving all “moral rights” that you may have in the User Content by posting it on the Website; (f) You are solely responsible for the User Content and the consequences of posting or publishing it; and (g) Use of the User Content you supply does not violate the Terms of Service and will not cause injury to any person or entity. You further agree and warrant that you have not, and shall not submit any User Content that: (a) You know, or should have known, to be false, inaccurate, or misleading; (b) Infringes any third-party’s intellectual property rights or rights of publicity or privacy; (c) Violates any law, statute, ordinance or regulation; (d) Are, or may reasonably be considered to be, defamatory, obscene, libelous, hateful, racially, ethnically or religiously biased or offensive, threatening or harassing to any individual or entity; (e) You were compensated for or granted any consideration by any third-party; (f) Includes any information that references other websites, addresses, email addresses, contact information or phone numbers that are unrelated to you or the owners of the User Content who have granted you authorization to post the User Content; or (g) Contains any computer viruses, worms or other potentially damaging computer programs or files. Magnus Karate, LLC and its agents and third party suppliers reserve the right to change, condense, refuse or delete any User Content that Magnus Karate, LLC or its affiliates deem, in their sole discretion, to violate the Magnus Karate, LLC Privacy Policy or any provision of the Terms of Service. Magnus Karate, LLC or its affiliates do not guarantee that you will have any recourse through Magnus Karate, LLC or its affiliates to edit or delete any User Content you have submitted. Magnus Karate, LLC, its agents, and its third party suppliers are not responsible for, and do not endorse, any User Content posted by any third-party on the Website or related to the Services. Accordingly, we may not be held liable, directly or indirectly, for any loss or damage caused to you in connection with any User Content posted by another user. 7. BINDING TERMS AND TERMINATION The Terms of Service are binding upon you, your heirs, executors, beneficiaries, successors, and assigns and you may not assign this agreement to any other party without the prior written consent of Magnus Karate, LLC. The Terms of Service shall be effective unless and until terminated at any time by us, with or without notice to you; provided, however, all of your obligations under the Terms of Service shall survive any termination. We reserve the right to terminate or suspend the Terms of Service, in whole or in part, at any time, without notice. Without limiting the foregoing, we reserve the right to immediately terminate your use of the Website or the Services without prior notice if, in our sole discretion, (a) you breach or fail to comply with any provision of the Terms of Service; (b) we are required by law; (c) your conduct becomes unacceptable or unreasonable; or (d) we cease to provide the Website or the Services for any reason or no reason. You may stop using the Website, the Services, account, and terminate the Terms of Service at any time by contacting us at (insert URL). and providing sufficient information to verify your identity, in our sole discretion. Your termination of the Terms of Service will not affect any of our rights or your obligations arising under the Terms of Service prior to termination. Upon termination of the Terms of Service, you shall destroy all Content obtained from the Website or the Services and all related documentation thereof, whether made under the Terms of Service or otherwise. Further, except as otherwise required by law, upon termination, we may retain all information and data utilized in connection with, or through, the Website or the Services, including all User Content and Personal Information utilized therewith. All provisions or obligations of the Terms of Service that, either expressly or by their nature, should survive termination of the Terms of Service will survive termination of the Terms of Service. 8. INDEMNIFICATION You represent and warrant that you are at least 18 years of age and/or that you possess the legal right and ability to obligate yourself to these Terms of Service. You represent and warrant that you will use this Website in accordance with these Terms of Service and all applicable laws. You agree to indemnify, defend, release and hold Magnus Karate, LLC, its owners, affiliates, business partners, directors, officers, managers, employees, agents, authorized representatives, and permitted successor and assigns (each an “Indemnitee,” and collectively, the “Indemnitees“) harmless from any loss, liability, claim, demand, action, harm, damage, injury, cost or expense (including, but not limited to, reasonable legal fees and court costs) asserted by any third-party relating in any way to your Use, your use of the Services, your breach of the Terms of Service, or your violation of such third-party’s rights, including, but not limited to, any intellectual property rights. You agree to indemnify, defend, release and hold Magnus Karate, LLC and the Indemnitees harmless from any loss, liability, claim, demand, action, harm, damage, injury, cost or expense (including, but not limited to, reasonable legal fees and court costs) in connection with, caused by, or arising out of, directly or indirectly, in whole or in part, your Use, the Services, your breach of the Terms of Service, or any overt harmful act you may commit toward any other user of the Website. You agree to indemnify, defend, release, and hold Magnus Karate, LLC and the Indemnitees harmless from any all loss, liability, claim, demand, action, harm, damage, injury, cost or expense (including, but not limited to, reasonable legal fees and court costs) in connection with, caused by, or arising out of, directly or indirectly, in whole or in part, the use of, the Services, or any User Content you post on the Website or related to the Services. The provisions of this Section 8 shall only govern indemnification claims by any of Indemnitees against the party required to provide indemnification hereunder (hereinafter, the “Indemnitor“). If any claim shall arise, then the Indemnitee shall give prompt written notice to the Indemnitor describing such claim in reasonable detail with copies of relevant documents, claim letters and legal process, if any. The Indemnitee shall be entitled to give such notice prior to the establishment of the amount of Indemnitee’s losses, damages and expenses and to supplement Indemnitee’s claim by further notices as the claims are established. The Indemnitor shall respond to such claim for indemnification within thirty (30) days after receipt of the claim stating Indemnitor’s acceptance or objection to the indemnification claim and explaining Indemnitor’s position in reasonable detail. If the Indemnitor does not timely so respond within the 30-day period, the Indemnitor will be deemed to have accepted the Indemnitee’s indemnification claim as specified in the notice given by the Indemnitee. If the Indemnitor gives timely notice of acceptance or is otherwise deemed to have accepted the indemnification claim, then the Indemnitor shall cure the matter giving rise to the claim to the reasonable satisfaction of the Indemnitee as promptly as possible. The Indemnitee will cooperate with the defense of the claim or action by participating in pre-trial investigations, proceedings, motions and the like, and by providing knowledgeable witnesses for the trial of the action, if any. The Indemnitor shall not settle any claim, lawsuit, demand or other proceeding without first obtaining the prior written consent of the Indemnitee, which consent shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Magnus Karate, LLC reserves the right, at your sole expense, to assume the exclusive defense and control of any matter subject to indemnification under this Section 8 and said assumption shall not excuse Indemnitor’s liability and obligations to indemnify the Indemnitees. Except as otherwise specified above in this Section 8, each party remains responsible for its own acts or omissions, and those of its employees, independent contractors, owners, directors, officers, trustees, agents, and successors, and assigns, to the extent that it would be liable under statutory or common law. Except as otherwise specified above in this Section 8, nothing in the Terms of Service shall impute or transfer responsibility for the acts or omissions of one party to the other party. In addition to the above Section 9, each party reserves any common law right of indemnity available to it. This Section 9 shall survive the termination of the Terms of Service 9. GENERAL LEGAL PROVISIONS (a) Third-Party Beneficiaries: You agree that our agents and third-party service providers are third-party beneficiaries of the applicable provisions of the Terms of Service, with all rights to enforce such provisions as if such service providers were a party to the Terms of Service. (b) Addition Terms: In conjunction with your Use or use of the Services, you may be subject to additional terms, rules, policies, and conditions that are posted on the Website or in any other agreements between you and Magnus Karate, LLC (collectively, the “Additional Terms“). The Additional Terms are hereby incorporated by reference into the Terms of Service. In the event of a conflict between any Additional Terms and the Terms of Service, the Terms of Service will control, except as otherwise expressly agreed upon by the parties in the Additional Terms. (c)Severability: If any court having competent jurisdiction holds any provision of these Terms of Service invalid or unenforceable in any respect, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms of Service shall continue in full force and effect. No waiver of any provision of these Terms of Service shall be deemed a further or continuing waiver of such provision or any other provision of these Terms of Service. (d) Governing Law and Jurisdiction: Magnus Karate, LLC controls and operates the Services from its offices within the United States. Claims relating to, including the use of, the Services, the Content, the User Content, and the Terms of Service are governed by and construed in accordance with the laws of the United States and the State of Pennsylvania, without regard for its conflicts of law rules and provisions. Magnus Karate, LLC and you agree that the exclusive jurisdiction for any claim or action arising out of, or relating to the Terms of Service or your use of the Services shall be filed only in the state or federal courts located in or near Chester County, Pennsylvania, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action that is not subject to binding arbitration as set forth herein. You expressly submit and consent in advance to such jurisdiction in any action or suit commenced in such court, and you hereby waive any objection that you may have based upon lack of personal jurisdiction, improper venue or forum non conveniens. If you do not agree, you are not permitted and should not use the Services. (e) Cross-Border Use and International Laws: The Services are intended to be made available only to individuals in the United States, and the Information on the Website is only for such persons. You may not use the Services and may not accept the Terms of Service if you are not of legal age (either under the laws of Pennsylvania or the laws of the jurisdiction of which you are a resident or from which you use the Services) to form a binding contract with us. If you choose to access the Services from a location outside the United States, you do so at your own initiative and are fully responsible for compliance with all applicable local laws. (f) Assignment: Magnus Karate, LLC may assign its rights and duties under the Terms of Service to any party at any time without notice to or approval from you. You may not assign your rights and duties under the Terms of Service without our prior written consent, which may be withheld by us in our sole discretion. (g) Notices: Questions or comments regarding the Website or the Terms of Service should be directed in writing to Magnus Karate, LLC at (insert URL) or by mail addressed to: Magnus Karate, LLC 323 E Gay Street West Chester, Pennsylvania 19380 This Section 9 shall survive the termination of the Terms of Service.

UNDER AGE 18 RELEASE FORM

In consideration of my minor child’s participation in Magnus Karate LLC activities and training, upon the terms herewith stated, I hereby confer on Magnus Karate LLC the absolute and irrevocable right and permission with respect to the photographs or video that the company representative has taken of my minor child in which he/she may be included with others: 

1. The unrestricted right and permission to copyright and use, re-use, publish, and republish photographic portraits, pictures, and videos of me or in which I may be included intact or in part, composite or distorted in character or form, without restriction as to changes or transformations in conjunction with my own or a fictitious name, or reproduction hereof in color or otherwise, made through any and all media and all media now or hereafter known for illustration, art, promotion, advertising, trade, or any other purpose whatsoever. 

2. I also permit the use of any printed material in connection therewith. 

3. I hereby relinquish any right that I may have to examine or approve the completed product or products or the advertising copy or printed matter that may be used in conjunction therewith or the use to which it may be applied. 

4. I hereby release, discharge and agree to save harmless Magnus Karate LLC any heirs, legal representatives or assigns, and all persons functioning under his/her permission or authority, or those for whom he/she is functioning, from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form whether intentional or otherwise, that may occur or be produced in the taking of said picture/video or in any subsequent processing thereof, as well as any publication thereof, including without limitation any claims for libel or invasion of privacy. 

5. I hereby affirm that I am over the age of the majority and have the right to contract in my own name and in the name of minor children for which I am parent or guardian. I have read the above authorization, release and agreement, prior to its execution; I fully understand the contents thereof. This agreement shall be binding upon me and my heirs, legal representatives and assigns. 

I have read the foregoing and fully understand the contents hereof. I represent that I am the (parent/legal guardian) of the below named child participating in a Magnus Karate LLC activity. Without compensation to me, or my child, I hereby consent to the foregoing on his/her behalf.