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Kaizen Adaptive Terms of Service Agreement

1. General. Welcome to kaizenadaptivetraining.org, the web site (“Web Site”) of Kaizen Adaptive Training, Inc. As part of our service, Kaizen Adaptive Training, Inc. agrees to provide you with information and other online courses subject to the terms of this Terms of Service Agreement. Upon notice published through the service, Kaizen Adaptive Training, Inc. may amend or modify these Terms of Service at any time. Use of this Web Site signifies your agreement to the Terms of Service.

2. Rights. This Web Site is owned and operated by Kaizen Adaptive Training, Inc. and contains material which is derived in whole or in part from Kaizen Adaptive Training, Inc. and other sources and is protected by international copyright, trademark and other intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this Web Site including code and software. You may download material from this Web Site for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.

3. License. By posting messages, uploading files, inputting data, or engaging in any other form of communication through this service, you are granting Kaizen Adaptive Training, Inc. a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to: use, copy, sublicense, adapt, transmit, publicly perform or display any such communication; and sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication. The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.

4. Limitation of Liability. This Web Site does not provide medical advice and the materials contained herein are for INFORMATIONAL PURPOSES ONLY.  Under no circumstances, including, but not limited to negligence, shall Kaizen Adaptive Training, Inc., its subsidiary and parent companies or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use Kaizen Adaptive Training, Inc. materials. You specifically acknowledge and agree that Kaizen Adaptive Training, Inc. is not liable for any injuries or damages arising from Kaizen Adaptive Training, Inc. materials, nor is Kaizen Adaptive Training, Inc. liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with any material, or with, any of Kaizen Adaptive Training, Inc. terms and conditions, your sole and exclusive remedy is to discontinue using the Kaizen Adaptive Training, Inc. Web Site or materials. In addition, Kaizen Adaptive Training, Inc. may allow you to purchase different types of products and services online that are provided by Kaizen Adaptive Training, Inc. or third parties. Kaizen Adaptive Training, Inc. is not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services and there will be no refunds or credits of any type. Your use of this Web Site also signifies your release of Kaizen Adaptive Training, Inc. and its affiliates from any damages that you incur, and agree not to assert any claims against them, arising from your use of these products or services.

5. Bulletin Boards, Forums, Discussion Groups and Chat Rooms. This service may include bulletin boards, forums, discussion groups and/or chat rooms (“Bulletin Boards”) which allow feedback and/or real-time interaction between users, Kaizen Adaptive Training, Inc. and/or third parties. Kaizen Adaptive Training, Inc. does not control the messages, information or files delivered to any Bulletin Boards. It is a condition of your use of the Bulletin Boards and this Web Site that you do not:

a)        Restrict or inhibit any other user from using and enjoying the Bulletin Boards.

b)         Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.

c)         Post or transmit any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.

d)         Post or transmit any information, software or other material which contains a virus or other harmful component.

e)         Post, transmit or in any way exploit any information, software or other material for commercial purposes, or which contains advertising.

You understand that Kaizen Adaptive Training, Inc. has no obligation to monitor any Bulletin Boards. However, Kaizen Adaptive Training, Inc. reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in Kaizen Adaptive Training, Inc. sole discretion are objectionable or in violation of these terms and conditions.

6. Privacy. Unless the user informs us otherwise, Kaizen Adaptive Training, Inc. reserves the right to use and to disclose to third party vendors user information (e.g. user name and e-mail address) for purposes such as providing users with information about products and services. If the user does not wish to be included in such uses, the user must send an e-mail or a letter requesting to be taken off any lists of information that may be used for these purposes or given or sold to third party vendors. Mail request to kaizenadaptivetraining.org, c/o Kaizen Adaptive Training, Inc.  529 Virginia Beach Blvd, Virginia Beach, VA 23451 or e-mail requests to kaizenadaptivetraining@gmail.com

7. Disclaimer. This Web Site does not provide medical advice. The content provided by Kaizen Adaptive Training, Inc., such as text, graphics, images, videos, and other materials created by Kaizen Adaptive Training, Inc. as well as links and pointers to Internet sites maintained by third parties (collectively, “Content”) are for INFORMATIONAL PURPOSES ONLY.  The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment.  Always seek the advice of your physician or other qualified health providers with any questions you may have.  Never attempt any of the medical treatment on this Web Site, or disregard professional medical advice, or delay in seeking it because of something you read or viewed on this Web Site. Neither Kaizen Adaptive Training, Inc., its parent or subsidiary companies nor their affiliates operate or control in any respect any information, products or services on any third-party sites. THE MATERIALS ON THIS WEB SITE AND THE THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, OURSITE, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Kaizen Adaptive Training, Inc. does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this Web Site, including Bulletin Boards, or the server that makes it available, are free of viruses or other harmful components. Kaizen Adaptive Training, Inc. does not warrant or make any representations regarding the use or the results of the use of the materials in this Web Site or in third-party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise. You (and not Kaizen Adaptive Training, Inc.) assume the entire cost of all necessary liability, maintenance, repair, damages, or correction.

8. Termination. This agreement is effective until terminated by Kaizen Adaptive Training, Inc. at any time without notice. In the event of termination, you are no longer authorized to access any Bulletin Boards and the restrictions imposed on you with respect to material downloaded from the Bulletin Boards, the disclaimers and limitations of liabilities set forth in this agreement, shall survive.

9. Entire Agreement; Amendments. This Terms of Service Agreement constitutes the entire agreement between Kaizen Adaptive Training, Inc. and you with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral. Kaizen Adaptive Training, Inc. may amend or modify this Terms of Service Agreement or impose new conditions at any time without prior notice. Such amendments and modifications shall be effective immediately upon notice thereof which may be given by means including, but not limited to, posting on Kaizen Adaptive Training, Inc. Any use of the service by you after such notice shall be deemed to constitute acceptance by you of such amendments, modifications or new conditions.

10. Governing Law. This agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia without giving effect to any principles or conflicts of law.

11. Severability. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

If you are in agreement with these Terms & Conditions, please click “I Agree” below. If you do not agree with these Terms & Conditions, click on the button below that says, “No, thank you,” in which case will you be returned to the oursite.com home page.

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