Terms and Conditions - Pragmatic Mindful Art’s

1. License Grant:

Upon purchase, Pragmatic Mindful Arts grants you a limited, non-exclusive, non-transferable license to access and use the online self-defense course for personal use only. This license is subject to the terms and conditions outlined herein.

2. Intellectual Property:

All content, materials, and resources provided in the online self-defense course, including but not limited to videos, text, graphics, and exercises, are the intellectual property of Pragmatic Mindful Arts and are protected by copyright laws. You agree not to reproduce, distribute, modify, or create derivative works based on the course content without explicit permission from Pragmatic Mindful Arts.

3. Assumption of Risk:

You understand and acknowledge that the Program involves physical activities, and you voluntarily assume all risks associated with participation, including but not limited to the risk of personal injury, property damage, or other harm.

4. Release of Liability:

To the fullest extent permitted by law, you release Pragmatic Martial Arts, its instructors, affiliates, employees, and any third parties involved in the creation or delivery of the Program from any and all liability for any injuries, losses, or damages, whether direct or indirect, arising out of or in connection with your participation in the Program.

5. No Warranty or Guarantee:

Pragmatic Martial Arts makes no representations or warranties of any kind, expressed or implied, regarding the effectiveness of the Program or the accuracy of the information provided. The Program is provided "as is," and participation is at your own risk.

6. Indemnification:

You agree to indemnify and hold harmless Pragmatic Martial Arts, its instructors, affiliates, and employees from any claims, liabilities, damages, expenses, or losses arising from your participation in the Program or any violation of these terms.

7. Personal Responsibility:

You acknowledge that your success in the Program depends on your own efforts, commitment, and compliance with the instructions provided. Pragmatic Martial Arts is not responsible for your personal actions or decisions.

8. Modification of Terms:

Pragmatic Martial Arts reserves the right to modify, update, or discontinue the Program or these terms at any time. It is your responsibility to review the terms regularly.

9. User Registration and Accounts:

Registration Process: User information is stored and managed by our online Learning Management System (LMS) provider, Thinkific.

User Responsibilities: Users are responsible for the careful storage and security of their account information.

10. Restrictions on Use:

Participants are prohibited from copying or reproducing course materials without explicit permission.

11. Privacy Policy:

For information on how user data is collected, used, and protected, refer to our privacy policy located at https://www.mindfularts.life/privacy-policy/

12. Code of Conduct:

Harassment is unacceptable and includes, though is not limited to, comments, non-verbal expressions, or imagery that demeans or disparages a person or group based on:

o race, ethnicity, or native language

o sex, gender, gender identity or expression

o language

o sexual orientation

o physical or mental disability

o physical appearance, body size, or presentation

o age

o religious or political beliefs, including lack of religious beliefs

o marital or family status

o nationality, citizenship status, or geographic location

o employment or military status

o socioeconomic status

Posts featuring sexual, violent, or discriminatory content are prohibited. Intimidation, stalking, sustained disruption, inappropriate physical or virtual contact, or unwelcome attention, including sexual attention are not permitted. Foster useful and dynamic discussions and engage in a respectful dialogue. Accept critique and offer it constructively; approach discussions with an open mind and be willing to learn. Thousands of people may eventually see the messages you post, which may stay online in perpetuity and be seen by anyone enrolled in the course.

Please include copyright notices where appropriate, ask for creator information where unknown, and be prepared to include credits if they are found after you post.

No endorsement or any promotion of any local, state, or federal candidates for political office is allowed. Neither is encouraging boycotts.

Promotion of paid products, events, or services not initiated by the course provdier is not allowed. We encourage the sharing of nonpaid opportunities that may benefit the community. However, we ask that you do not spam. Be conscious of the number of times that you share the same opportunity and be thoughtful of the number of communities where this information is shared. When sharing your opportunity, we ask that you not just aim for reach within our community but also seek to ensure that your opportunity matches the specific needs of that community’s members.

Consequences for Violation:

Anyone who violates the code of conduct will face immediate removal from the class, and permanent barring from participating in any future courses provided by the course provider.

12. Dispute Resolution and Arbitration Clause:

1. Agreement to Arbitrate:

Any dispute, claim, or controversy arising out of or relating to your participation in the Pragmatic Martial Art’s Women’s Self-Defense Program ("the Program"), including but not limited to the interpretation or application of these terms and conditions, shall be resolved by binding arbitration.

Arbitration shall be conducted in accordance with the rules of [Specify Arbitration Institution, e.g., the American Arbitration Association (AAA)] in effect at the time of the arbitration, except as they may be modified by mutual agreement of the parties.

2. Arbitration Procedures:

The arbitration shall be conducted by a single arbitrator selected by mutual agreement of the parties or, if no agreement can be reached, by an arbitrator appointed in accordance with the rules of the designated arbitration institution.

The arbitration proceedings shall be held in [Specify City and State] or any other location mutually agreed upon by the parties.

The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

3. Exclusions from Arbitration:

Notwithstanding the above, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

4. Waiver of Class Action and Jury Trial:

You and Pragmatic Martial Arts agree that any arbitration shall be conducted on an individual basis and not on a class-wide or consolidated basis.

You hereby waive any right to a jury trial in any proceeding arising out of or related to the Program or these terms and conditions.

Governing Law:

This arbitration agreement shall be governed by and interpreted in accordance with the laws of Boise, Idaho U.S.A. without regard to its conflict of law principles.

13. Termination of Access:

Pragmatic Mindful Arts reserves the right to terminate or suspend your access to the online self-defense course at any time for violation of these terms of service or for any other reason deemed necessary by Pragmatic Mindful Arts.

By enrolling in the Pragmatic Martial Art’s Women’s Self-Defense Program, participants acknowledge and agree to abide by these terms and conditions. Pragmatic Martial Arts reserves the right to update these terms as needed, and it is the responsibility of participants to review the terms regularly.