Welcome to (the “Site”), which is owned and maintained by the Westchester Tai Chi Center, Inc. (“WTCC”). Please read the following terms and conditions (the “Agreement”), which set forth legally binding provisions for your use of the Site. By using the Site, you agree that you are legally bound by this Agreement and that it is enforceable against you. If you do not accept the terms of this Agreement, you should leave the Site and discontinue use of it.
Ownership of Content
WTCC owns, solely and exclusively, all right, title, and interest in and to the Site. All content on the Site, including information, text, documents, logos, audio, video, photographs, illustrations, graphics, software, data, and any other content you might read or see on the Site, together with all related software code (collectively, the “Content”), including the look and feel of the Site and any intellectual property rights therein, are the property or copyrighted work of either WTCC or its respective third party licensors or agents. All rights are reserved. You may not download Content or remove or alter any intellectual property legends or notices contained on the Content. You may not copy, reproduce, distribute, download, display, republish, modify, transmit, reuse, repost, or make derivative works using any of the Content for any purposes, in any form or by any means. WTCC reserves the right, in its sole and absolute discretion, to terminate your right to use the Site at any time.
Disclaimer of Warranties and Limitation of Liability for Content
All Content and other materials on the Site are provided “as is” without a warranty of any kind, either express or implied, including the implied warranties of merchantability, fitness for a particular use, and/or non-infringement. WTCC assumes no responsibility for damage to your computer or other property resulting from your use of the Site. You understand and agree that any downloading or obtaining of Content through the Site is done at your own risk. In addition, we disclaim any and all responsibility or liability for the accuracy and legality of Content and other materials found on the Site. WTCC shall not be liable for any damages arising from your use of the Site or the Content.
Health Disclaimer and Representations
By using any part of the Site, including but not limited to videos posted on the Site, you recognize that you are participating in Tai Chi, Qigong, or meditation classes, health programs, video and audio programs, workshops, and/or other wellness, exercise, and healing arts activities offered by WTCC in its physical facilities or online (collectively, the “Activities”). You recognize that you must be in adequate physical and mental health to participate in the Activities. You understand that the Activities may require physical exertion, and you represent and warrant that you are physically fit enough to participate and you have no medical condition which would prevent your full participation in the Activities. You recognize that the Activities may cause or aggravate a physical injury or medical condition. You understand that it is your responsibility to consult with a physician before your participation in the Activities. If you have done so, you have taken the physician’s advice. If you have any of the Risk Factors (as defined below) for increased risk of coronavirus infection (“COVID-19”), you will consult with a physician before you participate in any Activities at the physical location of the Activities and will follow the physician’s advice.
Not all exercises are suitable for everyone. You understand your physical limitations and you are sufficiently self-aware to stop or modify your participation in any Activity before you become injured or aggravate a pre-existing injury.
You are aware that your participation in the Activities at WTCC’s physical facilities could result in exposure to COVID-19. You are aware that, if you are over the age of 65 or have an underlying medical problem (such as asthma, chronic kidney, liver, or lung disease, diabetes, hemoglobin disorders, heart conditions, obesity, or are pregnant or immunocompromised) (collectively, “Risk Factors”), you have an increased risk of contracting serious medical issues or potential death if you are exposed to COVID-19.
You understand that it is your responsibility to judge your physical and mental capabilities for the Activities and to ensure that, by participating in the Activities, you will not exceed your capabilities while performing such activity. You will select the appropriate level of classes for your skills and abilities, as well as for any limitations you have. You understand that instructors may suggest the use of equipment, movements, poses, modifications, and instruction and it is your sole responsibility to determine if any such instructions are appropriate for your level of ability and physical and mental condition. You agree that you are solely responsible for selecting Activities that are appropriate for your skill and ability level.
You understand that WTCC is not a medical organization. Its instructors and staff are not medical doctors and they cannot and will not give you any medical advice or diagnosis. Nothing contained in the Site should be construed as any form of medical advice or diagnosis.
Your privacy is very important to us. We do not sell or rent your personal information to third parties.
Disclaimer of Warranties
YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WTCC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE SITE, AND ANY THIRD-PARTY WEBSITE WITH WHICH IT IS LINKED.
WTCC MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OF ANY SITES LINKED TO THE SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE AND ITS CONTENT, (III) UNAUTHORIZED ACCESS TO OR USE OF WTCC’S SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (VI) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT MADE AVAILABLE VIA THE SITE WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL (A) WTCC BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, UPLOADING OR DOWNLOADING ANY CONTENT TO OR FROM THE SITE, (B) WTCC BE LIABLE FOR ANY INDIRECT, EXTRAORDINARY, PUNITIVE, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING FROM OR RELATING TO THE SITE OR THE CONTENT, EVEN IF WTCC KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) WTCC ’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE SITE OR THE CONTENT EXCEED THE FEES ACTUALLY PAID BY YOU TO WTCC IN THE PRIOR TWELVE MONTHS.
Waiver of Liability for Personal Injury and Indemnity
You acknowledge that there is a risk that you may be exposed to COVID-19 if you participate in any Activities at the physical location of WTCC. You acknowledge that such participation may result in exposure to COVID-19, which could result in quarantine requirements, serious illness, disability, and/or death. You acknowledge that WTCC is not responsible if you become exposed to COVID-19 while participating in such Activities at WTCC.
In further consideration of being permitted to participate in the Activities (either online or at the physical facilities), you knowingly, voluntarily, and expressly waive any “Claim” (as defined below) you may have against WTCC, its owners, managers, teachers, instructors, volunteers, workshop presenters, employees, independent contractors and staff (each, a “Released Party”) that you may sustain as a result of participating in the Activities (either online or at the physical facilities) at WTCC even if the Claim arises from the negligence of any Released Party or anyone else.
You agree to indemnify and hold harmless each Released Party from any loss, cost, or liability incurred in defending any Claim made by you or anyone making a Claim on your behalf, even if the Claim is alleged to or did result from the negligence of any Released Party or anyone else.
“Claim” includes but is not limited to any and all liabilities, claims, demands, expenses, fees, legal actions, rights of actions for damages, personal injury, mental suffering and distress, illness or death that you may suffer, your spouse, children or unborn child may suffer (including any legal fees or expenses) in connection with participation in any Activity (either online or at the physical facilities), or exposure to COVID-19 as a result of participating in any such Activity.
You, your heirs or legal representatives forever release, waive, discharge and covenant not to sue any Released Party for any Claim caused by any negligence or other acts of a Released Party.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site, the Content, or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
WTCC may make changes to the Site and the Contents at any time without notice. WTCC may make changes to this Agreement or other policies relating to the usage of the Site by posting an updated version of this Agreement or the other policies on the Site. You are responsible for regularly reviewing this Agreement and the policies. Your continued use of the Site following the posting of any such changes means that you have accepted those changes.
Any legal action brought against WTCC shall be governed by the laws of the State of New York without regard to its conflicts-of-law rules. Any claim asserted against WTCC shall be heard and determined in the federal or state courts located in New York State. Users of the Site agree not to commence any litigation relating to the use of any of the Site, except in courts located in New York State.
If you have any questions about this Agreement, please contact the Westchester Tai Chi Center at (914) 815-1922.