By using this website ("The Site"), you are creating a legal and binding agreement between you ("you" and "your") and Kathy Hartman, individually and doing business as the Body Art Training Group ("owner"), who is the owner of the site, that includes all of the following terms and conditions of your usage of The Site.
1. The Site
The content of The Site can be changed at any time and any additions or changes shall be automatically deemed covered by these terms. The Site or your access to The Site can be terminated at any time by Owner. No such actions shall be deemed a breach or violation of this agreement on the part of Owner. Owner shall not be obligated to provide individual notice to you of any changes to The Site. The term "The Site" includes the entirety of The Site including but not limited to all of the content of The Site, jointly, collectively and individually.
2. Your Responsibilities
You shall be exclusively responsible for anything you post, publish or otherwise put up on The Site including all the information related to any course, credit card information, any so-called "metadata" which shall mean any information including personally identifiable information whether posted by you or collected by The Site and otherwise ("Material" in this agreement, jointly, collectively and individually) and all Material shall be subject to all of your representations, warranties, obligations and indemnities contained in this agreement. You are responsible for maintaining the confidentiality of any user identification, password and account provided to you or which you select as part of your use of The Site and you are fully responsible for all activities that occur under your user identification, password or account. You shall not allow any other parties to use your account. Owner reserves the right but has no obligation to reject any Material brought to Owner's attention but Owner shall not, as a regular matter, review, edit, censor or otherwise maintain any supervisory role with regard to any Material.
- Additionally, you understand that everyone who posts any material to The Site including but not limited to advertisers who advertise on The Site may own rights to that material or such advertisements and other matters and you agree that you shall not copy, transmit, repost or otherwise use any such material or such advertisements and other matters anywhere without the express, prior and written permission of the owner of that material or such advertisements and other matters.
- You agree that your correspondence or business dealings with, or participation in promotions of advertisers or others found on or through The Site, including credit card processors and others and including issues related to payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertisers or others. You agree to abide by all of the terms and conditions related to your correspondence or business dealings with such other parties. You agree that Owner shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or others on The Site. Advertisers and others are not employees, joint venturers, partners or agents of Owner and are not otherwise affiliated with or related to Owner and are all independent contractors in regard to Owner. Advertisers and others have no authority to bind or obligate Owner in any manner whatsoever. Owner does not screen or investigate the Material or the information posted by you and Owner does not screen or investigate any of the advertisers or others in any manner whatsoever.
3. Owner’s Rights
Owner reserves the right and by entering into this agreement you agree to allow Owner to access all Material and other information you post on The Site as well as the right to monitor any and all activities on The Site including the right to remove any Material that Owner deems in violation of this agreement or otherwise as set forth in this agreement but Owner shall not have the obligation to do so and Owner shall not, as a regular matter, review, edit, censor or otherwise maintain any supervisory role with regard to any such activities or such Material. You further agree to allow Owner the right to store and make copies of all of your Material and other information you post. You further agree that Owner shall have the right, but not the obligation, to include your name, initials, email address or other information about you in any uses of the Material. You also agree that Owner may preserve Material and information about you and may disclose Material if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the terms of this agreement; (c) respond to claims that any Material violates the rights of other parties; or (d) protect the rights, property, or personal safety of Owner, The Site, the users of The Site and the public. Owner is the sole and exclusive proprietor of all of Owner's contract rights, copyrights, trademarks, trade dress, patent and other rights in and to The Site and all content on The Site and you shall have no rights of any sort in and to such rights and you shall not use any of such rights. Even though the Material may be combined as part of The Site or otherwise, you and Owner shall not be deemed to be joint authors of The Site and it is not your intention or Owner's intention to be joint authors, as that term is defined in the United States copyright act. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of The Site. You hereby give and grant to Owner, and Owner's heirs, successors, assigns and licensees, the non-exclusive right to use, copy, display, post, repost, distribute, make compilations, data bases, derivative and other versions of the Material including but not limited to incorporating the Material into other works and the within grant shall be a grant to Owner and Owner's heirs, successors, assigns and licensees both during the term of this agreement and after this agreement terminates for any reason and in perpetuity and may not be revoked by you for any reason.
If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor." If you are a resident of any other state you waive any similar laws that prevent a full and complete release.
4. Interpretation of this Agreement
It is the intention of Owner in this agreement and with regard to The Site to make certain that Owner is not deemed to be a publisher, speaker or distributor of any Material and not responsible in any manner for the conduct of you or any other member or otherwise. As such, this agreement and The Site shall be construed to make Owner not liable in any manner for any Material, such conduct or otherwise and to make Owner's actions consistent and compliant with all laws, anywhere in the world, whether now in existence or hereafter enacted.
5. Your Promises
In addition to all your other promises, representations and warranties and obligations contained in this agreement, you represent and warrant: that you are over the age of 18 (or the legal age of majority where you reside, whichever is older); that you are legally able to enter into a binding agreement by accepting the within document without it being on paper; that you are not a resident of any country that the United States prohibits communications with including but not limited to Burma, Cuba, Iran, North Korea, Sudan, or Syria; that neither the Material nor entering into this agreement by you will impair or violate any rights of any party and that all of the Material complies and will comply with all applicable laws, statutes, regulations of any governmental or other body exercising jurisdiction over this agreement, The Site or otherwise anywhere in the world; that the Material is original with you; that all information contained in the Material is completely truthful, honest and not misleading in any way; and that you shall be solely responsible for full compliance under all state and federal laws, statutes, regulations and similar enactments anywhere in the world regulating this agreement, The Site or otherwise. You further represent and warrant that you shall not seek to hold Owner, or any of Owner's shareholders, officers, directors, employees, agents, members, attorneys or others liable in any manner for anything that may result from your or another person's use of The Site. These promises, representations and warranties shall survive the termination of this agreement.
6. Your Indemnities
You shall defend and save and hold harmless Owner, Owner's affiliated and related corporations and other related business entities, their or Owner's respective heirs, successors and assigns and their or Owner's licensees, partners, employees, agents, attorneys, shareholders, officers, directors and members against any and all claims, demands, costs, awards, damages and the like, including attorneys fees, that may arise from a breach or claimed breach of any of your warranties, representations, promises or obligations under this agreement, whether or not a breach of those warranties, representations, promises or obligations is finally sustained and whether or not any litigation or claim is filed, or for any other cause of action or claims by any parties including but not limited to any governmental body whether or not any litigation or claim is filed or sustained. These indemnities shall survive the termination of this agreement.
7. NO WARRANTIES
THIS SITE AND ALL OF ITS COMPONENTS INCLUDING BUT NOT LIMITED TO EASY WIZARDTM AND ANY MATERIALS CREATED BY OWNER AS WELL AS ANY ADVERTISING PROVIDED BY OWNER OR OTHERS, ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WHETHER AS TO USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE. OWNER DOES NOT WARRANT THAT ANY OF THE INFORMATION ON THIS SITE WILL BE SECURE. OWNER DOES NOT WARRANT THAT THIS SITE OR ANY OF THE INFORMATION ON THE SITE WILL NOT INFRINGE UPON OR OTHERWISE VIOLATE ANY RIGHTS OF ANY OTHER PARTIES INCLUDING BUT NOT LIMITED TO RIGHTS OF CONTRACT, COPYRIGHT, TRADEMARK, TRADE DRESS, PATENT, PRIVACY, PUBLICITY, COMMERCIAL EXPLOITATION, LIBEL, SLANDER, MORAL RIGHTS INCLUDING RIGHTS OF PATERNITY AND INTEGRITY OR ANY OTHER RIGHTS. OWNER DOES NOT AND IS NOT PROVIDING LEGAL, MEDICAL OR OTHER PROFESSIONAL ADVICE. YOU ARE USING THE SITE AT YOUR OWN RISK. OWNER SHALL NOT BE RESPONSIBLE FOR ANY ACTS OR OMISSIONS BY ANY PARTY INCLUDING BUT NOT LIMITED TO ANY "HACKERS" OR THOSE WHO MIGHT INVADE OR DISRUPT THIS SITE OR TAKE INFORMATION FROM THIS SITE OR OTHERWISE. OWNER SHALL NOT BE RESPONSIBLE FOR THE CORRECTNESS OR ACCURACY OF ANY INFORMATION POSTED ON OR OBTAINED FROM THIS SITE, WHETHER BY OR FROM OWNER OR BY OR FROM ANY PARTY INCLUDING BUT NOT LIMITED TO BY OR FROM ANY ADVERTISER OR ANY OTHER PARTY. OWNER DOES NOT ENDORSE OR SUPPORT ANY INFORMATION POSTED BY ANY PARTY INCLUDING BUT NOT LIMITED TO ANY ADVERTISER OR ANY OTHER PARTY. OWNER SHALL NOT BE RESPONSIBLE FOR ANY ACTS OR OMISSIONS BY ANY PARTY INCLUDING BUT NOT LIMITED TO ANY ADVERTISER OR ANY OTHER PARTY INCLUDING BUT NOT LIMITED TO ANY PARTY TO WHOM THE SITE HAS PROVIDED ANY LINKS OR ANY PARTY WHICH MAY PROVIDE SERVICES TO THIS SITE OR TO YOU. OWNER SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT OR INDIRECT COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR COSTS OF ANY CHARACTER INCLUDING BUT NOT LIMITED TO DAMAGES OR COSTS FOR PERSONAL INJURY OF ANY SORT, COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT, TRADE DRESS INFRINGEMENT, PATENT INFRINGEMENT, LIBEL, SLANDER, INVASION OF PRIVACY, INTERFERENCE WITH THE RIGHTS OF PUBLICITY, LOSS OF GOODWILL, LOSS OF DATA, LOST PROFITS, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, BREACH OF CONTRACT, FAILURE TO PAY FOR SERVICES OR WORK, OR FOR FAILURE OF OWNER'S OR ANY OTHER WEB HOSTING OR OTHER SERVER OR ANY FAILURE OF OWNER OR ANY OTHER PARTY TO PROVIDE INTERNET ACCESS OR ACCESS TO THIS SITE FOR ANY PERIOD OF TIME OR FOR ANY CAUSE OUTSIDE OF OWNER'S CONTROL OR FOR ANY AND ALL OTHER DAMAGES OR COSTS INCLUDING PUNITIVE DAMAGES OR LOSSES. OWNER WILL NOT BE LIABLE FOR ANY DAMAGES OR COSTS IN EXCESS OF THE TOTAL CONTRACT PRICE FOR THE SERVICES RENDERED HEREIN, EVEN IF OWNER SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS, OR FOR ANY CLAIM BY ANY OTHER PARTY. THE WITHIN LIMITATION OF WARRANTIES MAY BE LIMITED BY THE LAWS OF CERTAIN STATES OR OTHER JURISDICTIONS AND SO SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER RIGHTS THAT MAY VARY FROM STATE TO STATE.
Any claims by you or any party claiming any rights from you must be commenced within one (1) year from when a cause of action accrues.
This site is provided by Owner, who is located at Body Art Training Group, 16580 Harbor Blvd., Ste. F, Fountain Valley, CA 92708 and at Kathy@bodyarttraininggroup.com and the name of Owner's agent is Kathy Hartman, located at the same address and email. You can contact Owner at the above email or other address. Residents of the state of California can obtain additional information about their rights from the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814 or by telephone at (916) 445-1254. This agreement shall be subject to and interpreted under the laws of the state of California applicable to agreements wholly to be performed therein as well as the laws of the United States, where applicable. Captions are for clarity sake only and have no substantive effect. This agreement is the complete understanding between You and Owner except that Owner may change the provisions of this agreement by posting such changes on this site but without any individual notice to You and if You use this site after such change is so posted, You will be deemed to have accepted such change and such change shall be retroactively made a part of this agreement. This agreement may be executed in electronic form via fax, pdf or email or otherwise and You acknowledge that Your electronic signature is valid. No signature of Owner, either electronic or in hard copy, is required for this to be a binding agreement. Fax, pdf and email and other digital signatures shall be valid as originals. This agreement shall bind and benefit each of Your and Owner's respective heirs, assigns and successors in interest but any restrictions on assignment and transfer otherwise contained in this agreement shall otherwise apply. A waiver of any provision of this agreement, or any claimed breach thereof, shall not be deemed a waiver of any other provision or breach. All remedies provided Owner in this agreement are cumulative and the exercise by Owner of any remedy shall be without prejudice to Owner's exercise of any other rights or remedies available to Owner. Any dispute arising under this agreement shall be determined only by a court of competent jurisdiction only in San Diego, California and Owner shall be entitled to injunctive relief. You expressly consent to personal jurisdiction in such state and in such court and You expressly waive the right to a jury trial. In any action under this agreement, the prevailing party shall be entitled to attorneys' fees and court costs. In the event any portion of this agreement shall be held invalid or unenforceable it shall not affect the validity or enforceability of the rest of this agreement. All of the provisions of this agreement shall survive the termination of this agreement for any reason.
10. Effective Date