Last updated: 23 September 2022
Terms of Service

Welcome!

GOJU RYU PORTAL and associated websites and entities (“GRP”, “we”, “us”, “our” ) provide online services and portals for online viewing of videos and other related digital content (“Content”), including forums and associated services and information to develop an online community and private networks for martial arts practitioners to exchange ideas, knowledge and information. Associated with this mission, the additional purpose of the GRP is to provide an online facility for martial arts dojos, clubs, schools and associations, (“Organisation) to facilitate the interaction with their members, students, users and interested parties privately and publicly. This online facility is known as ‘Dojo Portal’ (“DP”) and is a Division of GRP.

These Terms, Policies and conditions (“terms’) govern the use of the GRP (including DP), its services, features, apps, technologies, software, layouts, functions and websites at https://www.gojuryuportal.com and https:www.dojoportal.com (“Services”). These Services are provided by Gullone Commercial Solutions Pty. Ltd. as a Trustee for Gullone Investment Trust (“Owner”).

By signing up or otherwise using any of our Services, including associated all associated features and functionalities, website and user interfaces, as well as all content, downloaded or viewed online, and software applications associated with GRP, you are entering into a binding contract with the entity indicated above (“Subscriber” and/or “Customer”). Your agreement with us includes these terms and any additional terms you agree to, other than terms with third parties or any Organisation (‘third party”, “Organisation”) you may be associated with while using the Services of GRP.  You acknowledge that you have read and understood the terms, accept these terms, and agree to be bound by them. If you don’t agree with (or cannot comply with) the terms, then you may not use the GRP or any of the Services or access any content.

We do not sell, provide or sell your personal individual information (such as your name, email address, or contact information) to third parties unless you have provided authorisation or have become a member of the GRP through a specific third party. In the case of becoming a member of the GRP through a third party, we may provide information to that specific third party to communicate with you. The GRP will only use your personal information to communicate with you about the GRP and associated Services and promotions.

Kata, bunkai, drills and references included in the Goju Ryu Portal have been sourced from the traditional karate budo, instruction and research organisation such as Goju Ryu Yonshin Kai Karate-do and other Senior Master Instructors accredited and graded in Japan. We also feature many of the teachings of Master Instructor and Professor of Karate-Do, Ohtsuka Tadahiko O-Sensei, Founder of Goju Kensha Karate-Do, Japan. We welcome submissions from other accredited Goju Ryu Organisations from around the world. If you would like to contribute to the member content of the Goju Ryu Portal, please contact us.

1. Changes to the Terms, Agreements and Policies
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.

The Subscriber and Owner have the right to terminate any Service Agreement for any reason whatsoever, including the termination of services already in progress. The Owner may also stop providing Services to you or add or create new limits to our Services at any time.

2. Services
The free membership service for individuals that do not require payment is currently referred to as the “FREE Account.” The paid membership service for individuals that requires a payment to maintain it is known as the “PLUS Account”. A paid service for dojos, schools, clubs, associations and organisations that requires payments to set up and maintain is known as a “Dojo Portal” (collectively “Paid Services”). Services offered as part of the free and paid services are referred to as “Services” in these terms.

We may also offer special promotional plans, memberships, or services, including offerings of third-party products and services in conjunction with or through the Services. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our Services and offerings at any time by these terms.

Some or all of the Services may not be available to all users. If you cancel your membership to the PLUS Account, or if your membership is interrupted (for example, if you change your payment details), you may not be able to re-subscribe for the PLUS Account service. Note that any Service may be discontinued in the future and if this is a paid Service you will no longer be charged for that Service.

If you have purchased or received a code, gift card, pre-paid offer or other offer provided or sold by or on behalf of GRP or DP for access to a Service (“Code”), separate terms and conditions presented to you along with the Code may also apply to your access to the Service and you agree to comply with any such terms and conditions. You may also purchase access to Services through a third party. In such cases, separate terms and conditions with such third party in addition to the Agreements may apply to your access to the Services.

If you receive access to a Dojo Portal account through your association with a Dojo Portal Account holder, who is authorised by GRP to allocate access to the GRP, you will be allocated a Dojo Portal membership during the term of their Services agreement with us. In this case, your account will be known as a “linked member account”. Each individual will only be entitled to one linked member account per Dojo Portal Account. We do not accept duplicate accounts or email addresses for the same person.

2.1 Brand, third party and Organisation accounts
If you establish a Dojo Portal Account on behalf of a dojo, club, school, association, organisation, company, entity or brand, the terms “you” and “your,” as used throughout these terms and any agreements, apply to both you and your linked member accounts. If you establish a Dojo Portal Account with us, you represent and warrant that you are authorised to grant all permissions and licenses provided in these terms and any agreements to bind all linked member accounts of your Dojo Portal Account to these terms and agreements made from time to time during your relationship with us.

A brand, third party or organisation (“Brand”) may allow its users, associates, members or students to access the GRP under other Services provided that the Brand does not take any action that implies an endorsement or commercial relationship between the Brand, third party or Organisation and GRP other than providing access to Services and its content. In addition, Brands, third parties and Organisations must be transparent to their users and linked member account holders about disclosing any relationship with the GRP and the Dojo Portal. All parties must comply with all applicable laws, regulations, and codes of practice when engaging in the foregoing practices.

3. Payments, cancellations, cooling off and refunds
3.1 Billing
You may purchase a paid Service, as an individual, directly from GRP by paying the applicable fee by the due date or in advance of commencing your membership.

GRP may change the price for the paid service, including membership fees, account setup, maintenance, support, customisations, supply of codes and other services from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for an annual membership will take effect at the start of your next membership period following the date of the price change or alternative date in the future, as advised. Subject to applicable law, you accept the new price by continuing to use the Service after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the Paid Service before the price change goes into effect or closing your account with us.

If you register for a Paid Service, you may change your mind for any or no reason and receive a full refund of all monies paid within fourteen (14) days starting from the day you sign-up for the relevant service (the “Cooling-off” period). 

3.2 Renewals, cancellations and refunds
Your paid Service expiry date will be listed in your GRP account in day/month/year format to allow you to manage renewals of paid Services and membership levels. To assist you in managing your paid Service we will also send you to advance notice to the email address listed in your GRP account advising you that your paid Service is about to expire.

Your payment to GRP or the third party through which you purchased the paid Service may automatically renew at the end of the applicable period, unless you cancel your paid Service before the end of the then-current period by contacting us if you purchased the Paid Service through GRP, or if you purchased the paid Service, by cancelling the Service through such third party. The cancellation will take effect the day after the last day of the current membership period, and you may be downgraded to FREE account status. If you purchased your paid Service through the GRP and you cancel your payment or paid Service and/or terminate any of the Agreements (1) after the Cooling-off Period is over (where applicable), or (2) before the end of the current membership period, we will not refund any fees already paid to us. If you wish to receive a full refund of all monies paid to GRP before the Cooling-off Period is over, you must contact us. When we process any refund, we will refund amounts using the method you used for payment.

If you have purchased or set up a paid Service using a Code supplied by us, your membership will automatically terminate at the end of the period stated in the Code, or when there is an insufficient pre-paid balance to pay for the Service. If you have allocated your paid Service through a third party, you must cancel directly with that third party or by directly contacting the GRP.

No refund will be offered when a Service is deemed to have commenced and is, for all intents and purposes, in progress. Any amount paid to us that constitutes payment for the provision of unused Services will be refunded.

3.3 Payments
Services and products on this website are sold in USD (United States Dollars). Payment in other currencies may be subject to fluctuations in exchange rates and charges made by your credit or debit card company.

Acceptable payment methods may include Stripe or PayPal and any underlying credit or debit facilities allowed under either of these online payment service providers. Electronic transactions are processed on secure external websites hosted by these payment service providers. Information relating to transactions is stored securely and is never shared or disclosed unless a transaction is a chargeback or a written request is received from a legal authority. We do not store personal credit or debit card data or information on our web servers.


4. Using our Services and Content

The Service and Content in all sections of the GRP, other than Content provided by third parties or Organisations, are the property of the GRP. Content provided by third parties or Organisations remains the property of those entities.

By accessing the Services and Content in the GRP, we grant you limited, non-exclusive, revocable permission to make use of the Service, and limited, non-exclusive, revocable permission to make personal, non-commercial use of the Content (collectively, “Access”). This Access shall remain in effect until and unless terminated by you or GRP or the third party or Organisation with content in the GRP. You promise and agree that you are using the Service and Content for your own personal, non-commercial use and that you will not redistribute or transfer the Service or the Content.

The GRP software applications and the Content are not sold or transferred to you, and GRP and its licensors retain ownership of all copies of the GRP software applications and Content even after installation on your personal computers, mobile handsets, tablets, wearable devices, speakers, and/or other devices (“Devices”).

All GRP trademarks, service marks, trade names, logos, domain names, and any other features of the GRP brand are the sole property and copyright of GRP or its licensors. The Agreements do not grant you any rights to use the GRP brand for commercial or non-commercial use, without prior written authorization by the Owner.

5. User-Generated Content
In consideration of the rights granted to you under the Terms, you grant us the right to (1) allow the GRP Service to use the processor, bandwidth, and storage hardware on your device to facilitate the operation of the Service, (2) to provide advertising and other information to you, and (3) to allow our business partners to do the same. In any part of the Service, the Content you access, including its selection and placement, may be influenced by commercial considerations, including GRP’s agreements with third parties.

If you provide feedback, ideas, or suggestions to the GRP in connection with the Service or Content (“Feedback”), you acknowledge that the Feedback is not confidential, and you authorise GRP to use that Feedback without restriction and payment to you. Feedback is considered a type of User Content.

You grant GRP a non-exclusive, transferable, sub-licensable, royalty-free, perpetual (or, in jurisdictions where this is not permitted, for a term equal to the duration of the Agreements plus twenty (20) years), irrevocable, fully paid, worldwide license to use, reproduce, make available to the public (e.g. perform or display), publish, translate, modify, create derivative works from, and distribute any of your User Content in connection with the Service through any medium, whether alone or in combination with other Content or materials, in any manner and by any means, method or technology, whether now known or hereafter created. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content. Where applicable and permitted under applicable law, you also agree to waive and not enforce any “moral rights” or equivalent rights, such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.

6. Who cannot use the GRP?
We try to make the GRP to broadly every martial arts practitioner interested in Goju Ryu Karate-do, but you cannot use the GRP if:

  • You are under the age of 13 years old (or the minimum legal age in your country to use our Service).
  • You are under the age of 18 years old (or the minimum legal age of consent in your country) and have not received a consent form from your Parent or Guardian.
  • You have been charged with a sex offence and your court appearance is pending, or you are a convicted sex offender.
  • You have had your account previously disabled for violations of our Terms or Policies.
  • You are prohibited from receiving our Services or software under applicable laws.

7. Dojo Portal account content
The Account Administrator will set the requirements for users who can access the paid Service of a valid and current Dojo Portal account. the Dojo Portal Account Administrator (“Administrator”) will be solely responsible to determine who and who does not access and use the respective Dojo Portal account. The Administrator will be solely responsible to ensure content within the respective Dojo Portal account does not breach copyright laws, privacy laws or any other applicable laws in any region, state or country, including arrangements, explicit or otherwise with third parties (“breaches”). GRP does accept any liability whatsoever for any breaches by the Administrator. GRP does not implicitly or explicitly endorse, support or accept any actions undertaken or not undertaken by the Administrator. GRP does not implicitly or explicitly endorse, support the posting and hosting content uploaded or supplied by the Administrator. GRP, including DP, reserves the right at all times to refuse to accept, post or host content uploaded by the Administrator or any linked member/s of a Dojo Portal account.

8. Service limitations and modifications
GRP will make reasonable efforts to keep the Service operational. However, certain technical difficulties, maintenance or testing, or updates required to reflect changes in relevant laws and regulatory requirements, may, from time to time, result in temporary interruptions. GRP reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Service, with advance notice where possible, all without liability to you, except where prohibited by law, for valid reasons such as in case of genuine interruption, modification, or discontinuation of the Service or any function or feature thereof, or need to repair, maintain or improve the existing functions or features, or to add new functions or features to the Service, or to implement advancements in science and technology or ensure the operability or the security of the Service, legal and regulatory reasons.

You understand, agree, and accept that GRP will make reasonable efforts, although it has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service. GRP and/or the owners of any Content may, from time to time, remove any such Content without notice. This section will be enforced to the extent permissible by applicable law.


9. Behaviour or all Account Holders with access to the GRP or DP

When accessing or using the GRP or DP, all account holders, subscribers (users) will:

  • agree to comply with all user's responsibilities and obligations as stated in these terms;
  • not upload or transmit any communications or content of any type that infringes or violates any rights of any party;
  • not use this GRP for any purpose in violation of any local, state, national or international laws;
  • not use this GRP as a means to distribute advertising or other unsolicited material;
  • not post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity as determined by us in our sole discretion;
  • not impersonate another person or identity;
  • not to create a second or multiple accounts using different user details;
  • not interfere with the operation of our Website or GRP or overload our systems;
  • not reverse-engineer, reverse-assemble, de compile, or otherwise attempt to discover source code, formulas or processes in respect of the software behind the GRP;
  • not use any robot, spider, or other device or process to retrieve, index, or in any way reproduce or circumvent the navigational structure or presentation of the GRP;
  • not "frame" or "mirror" any part of the GRP without our prior written authorisation;
  • not use code or other devices containing any reference to the GRP to direct other persons to any other web page;
  • not copy, reproduce, alter, modify, create derivative works, or publicly display, any part of any content from our GRP except where we have given you permission;
  • show courtesy and respect to other users or the Owner;
  • will not bully, intimidate or cause any fear or unrest to other users or the Owner;
  • will protect access details (refer to next section); and
  • will not share access details with any third party at all times.
Failure to abide by any of these conditions may result in immediate termination of access to the Goju Ryu Portal. Under these circumstances, the decision of the Owner will be final and there will be no recourse to the Owner, other users or other third parties.

8.1 You must protect your access details
Unless you take adequate security precautions, it could be possible for an unauthorised person to gain access to your GRP Account. It is important to take all reasonable precautions to ensure your access details are not misused and remain secure and confidential. In particular:
  • you must not tell anyone your username or password, including any member of your family;
  • you must regularly change your password;
  • you must select a password that cannot be easily guessed such as “password”, “12345678”, “date of birth” or your “surname”;
  • you must not use a password that you have used in other accounts;
  • you must have a password that meets the minimum characters requested;
  • you must follow the instructions in your GRP Account for changing details such as email address and passwords;
  • you must not let anyone else, whether acting as your agent or not, access your Services or Content using your username and password; and
  • you must be extra careful when accessing your Services from public computers.
We have set minimum requirements for passwords. This information is made available on our website/s.

If you think anyone else might know your password you should reset your password from within your account, or contact us as soon as possible to arrange a new password. You agree to be liable if your access details are used by an unauthorised person. We also regularly run programs to identify whether passwords have been shared or unlawfully contravened. The unauthorised sharing of usernames and passwords will result in the termination of your Account.

8.2 Why do we ask for your birthdate?
You must be at least 13 years old to have an account with Goju Ryu Portal. If you discover an account that belongs to someone under the age of 13 years old, please report it. We ask for birthday information to help ensure that underage people aren’t using the Goju Ryu Portal. This includes everyone, whether the account represents you personally, or if the account was created for someone else. This information helps us structure the content of the Goju Ryu Portal to be appropriate for a more adult karate community.

8.3 Do not us the GRP as a substitute for karate instruction
By accessing and using the GRP, or any associated links or websites (including the Dojo Portal service), you agree that you will not use the GRP, or any part of it, as an alternative or substitute for martial arts instruction from a qualified or certified martial arts instructor. The GRP is there to supplement your karate knowledge and allow users to better connect with people interested in advancing their karate knowledge or training relationship within the same dojo or organisation.


9. Copyright

Copyright is strictly reserved. GRP respects the rights of intellectual property owners. If you believe that any Content infringes your intellectual property rights or other rights, please contact us. If the GRP is notified by a copyright holder that any Content infringes a copyright, GRP may in its sole discretion remove such Content from the Service, or take other steps that GRP deems appropriate, without prior notification to the user or other party who supplied or posted that Content. If such user or other party believes that the Content is not infringing, he or she may in certain circumstances submit a counter-notification to GRP with a request to restore the removed content, which GRP may or may not honour, in our sole discretion.

The text, graphics and layout of this website and publications made available by GRP are protected by Australian copyright law and the comparable law of other countries. The copyright of this material is vested in the Goju Ryu Portal. No part of this material can be reproduced or transmitted in any form, or by any means electronic or mechanical, including photocopying, recording or by any information storage and retrieval systems without the written permission of the Goju Ryu Portal.

10. Digital Content
Digital content refers to information made available via this website in digital form or as a publication, document or file available for download or sent via email or other mail mechanism or system. GRP acts as a Licensee (or Agent) of the Owner of the Digital Content to provide the Digital Content to the Customer by download.

When downloading Digital Content the Customer acquires a license to access the Digital Content as provided to GRP and the Customer by the Owner. After downloading digital content the Customer will receive one full year (12 months) of updates and new features if issued in this time frame. If the Customer decides they want the latest download version, they can purchase and download another copy of the Digital Content. The version of Digital Content downloaded will be available to the Customer on a perpetual (lifetime) basis as long as the Customer acts by our Terms at all times.

Our Digital Content covers all content contained in the Goju Ryu Portal website and portal including the translation of the 13 Volumes and other publications made available online from time to time. Once a Customer accesses or downloads any Digital Content that they purchase, they no longer have the right to cancel their purchase of that Digital Content.

GRP’s obligations to the Customer with regards to the supply of the Digital Content are fulfilled when the Digital Content is downloaded. It is your responsibility not to lose, destroy, or damage Digital Content once downloaded.

GRP and the Owner of Digital Content reserve the right to change, update, suspend, remove or disable access to any Digital Content, products, publications, or other materials comprising a part of digital service at any time without notice.

The Owner may at any time withdraw or remove Digital Content and make no guarantees that Digital Content will continue to be made available for access.

Customers may be able to re-download previously acquired Digital Content to their computer or device. Content may not be available for re-download if that Content is no longer offered on our Services.

The Owner of the Digital Content is solely responsible for the Digital Content and any claims or warranties relating to it.

Terms of Use of Digital Content:
1 Digital Content may not be copied, on-sold, shared or otherwise distributed in any form whatsoever, partially or whole.
2 Content is available for personal use and references only.
3 Restrictions on downloads to Customer computers or devices accessing the Digital Content may apply.
4 Applicable use is within relevant Laws.
As part of our download Digital Content protection rights, we may apply a watermark Digital Content supplied.

GRP and the Owner of the Digital Content reserve the right to enforce applicable Terms of Use relating to the Digital Content.

11. Digital content and publications disclaimer
The material in digital content and publications made available do not constitute advice or instruction on any matter whatsoever. While reasonable care has been taken in their preparation, the Goju Ryu Portal does not make any express or implied representations or warranties as to the completeness, reliability or accuracy of the material in the digital content or publication. Digital content and publications should not be used or relied upon as a substitute for professional instruction or as a basis for formulating martial arts applications or self-defence techniques. To the extent permitted by law, the Goju Ryu Portal excludes all liability for any loss or damage arising out of the use of the material in the digital content and/or publications.

Any links to third party websites or publications are provided for convenience only and do not represent endorsement, sponsorship or approval of those third parties, any products and services offered by third parties, or the accuracy or currency of the information included in third-party websites. The opinions of those quoted do not necessarily represent the view of the Goju Ryu Portal.

12. Warranty disclaimer
YOU UNDERSTAND AND AGREE THAT THE SERVICE AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. GRP AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER GRP NOR ANY OWNER OF CONTENT WARRANTS THAT THE SERVICE OR CONTENT IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, GRP MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, DEVICES OR ANY OTHER PRODUCT OR SERVICE ADVERTISED, PROMOTED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE GRP OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND GRP IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF THE FOREGOING.

NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM GRP SHALL CREATE ANY WARRANTY ON BEHALF OF THE GRP. WHILE USING THE SERVICE, YOU MAY HAVE ACCESS TO EXPLICIT CONTENT FILTERING FEATURES, BUT THE USE OF THESE FEATURES MAY STILL RESULT IN SOME EXPLICIT CONTENT BEING SERVED AND YOU SHOULD NOT RELY ON SUCH FEATURES TO FILTER ALL EXPLICIT CONTENT.

WITHOUT LIMITING THE FOREGOING, NOTHING IN THIS SECTION SHALL HAVE THE EFFECT OF LIMITING GRP’S LIABILITY IN THE EVENT OF TOTAL OR PARTIAL NON-PERFORMANCE OR INADEQUATE PERFORMANCE OF ITS ESSENTIAL OBLIGATIONS FOR PROVIDING THE SERVICE UNDER THE AGREEMENTS. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.

13. Limitations

YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICE IS TO UNINSTALL ANY GRP SOFTWARE AND STOP USING THE GRP. YOU AGREE THAT GRP HAS NO OBLIGATION OR LIABILITY ARISING FROM OR RELATED TO THIRD-PARTY APPLICATIONS OR THE CONTENT THEREOF MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE GRP SERVICE, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, YOUR SOLE AND EXCLUSIVE REMEDY, AS CONCERNING THE GRP, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD-PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD-PARTY APPLICATIONS.

IN NO EVENT WILL GRP, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR:
- (1) ANY LOSS OR DAMAGE (INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY, DAMAGES) WHICH IS NOT FORESEEABLE. LOSS OR DAMAGE IS FORESEEABLE IF EITHER IT IS OBVIOUS THAT IT WILL HAPPEN OR IF, AT THE TIME THE CONTRACT WAS MADE, BOTH WE AND YOU KNEW IT MIGHT;
- (2) ANY: (A) LOSS OF USE; (B) LOSS OF DATA; (C) LOSS OF BUSINESS; (D) LOSS OF PROFITS; OR (E) DAMAGE TO DEVICES, TO THE EXTENT YOU COULD HAVE AVOIDED SUCH DAMAGE BY FOLLOWING OUR ADVICE TO APPLY UPDATES TO THE SERVICES OR CONTENT OR IF SUCH DAMAGE IS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US, IN ALL CASES ARISING OUT OF THE USE OF OR INABILITY TO USE THE GRP, DEVICES, THIRD-PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER GRP HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE;
- (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE GRP SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO THE GRP DURING THE PRIOR TWELVE MONTHS IN QUESTION; OR
- (4) NON-PERFORMANCE OR INADEQUATE PERFORMANCE OR DELAY TO THE OBLIGATIONS DERIVING FROM THE AGREEMENTS CAUSED BY FORCE MAJEURE OR ANY CAUSE WHICH IS NOT REASONABLY FORESEEABLE OR BEYOND GRP’S REASONABLE CONTROL.

Nothing in the Agreements removes or limits THE GRP’S liability for fraud, fraudulent misrepresentation, death, or personal injury caused by its negligence, and, if required by applicable law, gross negligence.

THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOU MAY HAVE RIGHTS UNDER APPLICABLE LAW IN YOUR JURISDICTION WHICH PROVIDES FOR REMEDIES IN ADDITION TO THOSE SET OUT ABOVE.

14. Third party rights
You acknowledge and agree that the owners of the Content and certain distributors (such as app store providers) are intended beneficiaries of the Agreements and have the right to enforce the Agreements directly against you. Other than as set out in this section, the Agreements are not intended to grant rights to anyone except you and GRP, and in no event shall the Agreements create any third party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Agreements are not subject to the consent of any other person.

15. Entire Agreement
Other than as stated in this section or as explicitly agreed upon in writing between you and the GRP, the Agreements constitute all the terms and conditions agreed upon between you and the GRP and supersede any prior agreements about the subject matter of these Agreements, whether written or oral.

16. Severability, waiver, and interpretation
Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.
Any failure by the GRP or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive GRP’s or the applicable third party beneficiary’s right to do so.
As used in these Terms, the words “include” and “including,” and variations thereof will be deemed to be followed by the words “without limitation.”

17. Assignment

GRP may assign the Agreements, and any of its rights under the Agreements, in whole or in part, and GRP may delegate any of its obligations under the Agreements. You may not assign the Agreements, in whole or in part, nor transfer or sub-license your rights under the Agreements, to any third party.

18. Indemnification

You agree to indemnify and hold the GRP and all its owners and associates harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of or related to (1) your breach of the Agreements or any one of them; (2) any User Content you post or otherwise contribute; (3) any activity in which you engage on or through the Service; and (4) your violation of any law or the rights of a third party.

19. Term, termination and closure
The Agreements will continue to apply to you until terminated by either you or the GRP. You acknowledge and agree that the perpetual license granted by you about User Content, including Feedback, is irrevocable and will therefore continue after the expiry or termination of any of the Agreements for any reason. GRP may terminate the Agreements or suspend your access to the Service at any time, including in the event of your actual or suspected unauthorised use of the Service and/or Content, non-compliance with the Terms or Agreements, or if we withdraw Services and/or Content (in which case we shall provide you reasonable notice in advance of doing so). If you or GRP terminate the Agreements, or if the GRP suspends your access to the Service, you agree that GRP shall have no liability or responsibility to you, and GRP will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. You may terminate the Agreements at any time. You can close your GRP account by clicking on the provided link within the GRP. After you close your account you understand and accept that your personal information will be immediately deleted from the GRP database. Your information will no longer be available for access and you cannot access your closed GRP account. On closure, you will be immediately logged out of the GRP. To access the GRP, after terminating your Agreement or closing your GRP account, you will need to re-establish a new account with the GRP.

QUESTIONS?

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Goju Ryu karate-do

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