TERMS & CONDITIONS
LAST UPDATED:JUNE 15, 2024, EFFECTIVE DATE JUNE 15, 2024
PLEASE PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
OVERVIEW
THIS WEBSITE IS OPERATED BY G-BEAR ENTERPRISES INC. THROUGHOUT THE SITE, THE TERMS “I”, “G.”, “MR. G.”, “G-BEAR”, “GURU G-BEAR” “HE”, “HIM”, “SHE”, “ME”, “HER”, WE”, “THEY”, “US”, “THEE”, “THOU”, “THY”, “THYSELF”, “YE”, AND “OUR” REFER TO GARETT MARTYN, G-BEAR ENTERPRISES INC., HOLISTIWORLD INC, MARTYN MARTIAL ARTS, AND BEARKIDO MARTIAL ARTS, AND THE TERM “YOU” REFERS TO YOURSELF, THE USER. GARETT MARTYN AND G-BEAR ENTERPRISES INC, OFFERS THIS WEBSITE, INCLUDING ALL INFORMATION, TOOLS AND SERVICES AVAILABLE FROM THIS SITE TO YOU, THE USER, CONDITIONED UPON YOUR ACCEPTANCE OF ALL TERMS, CONDITIONS, POLICIES AND NOTICES STATED HEREIN. BY ACCESSING, VISITING, OR OTHERWISE USING OUR SITE AND/OR PURCHASING SOMETHING FROM US, YOU ENGAGE IN OUR “SERVICE” AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS (“TERMS OF SERVICE”, “TERMS”), INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR AVAILABLE BY HYPERLINK. TERMS AND CONDITIONS OF USE AND TERMS AND CONDITIONS OF SALE FOR THE GARETTMARTYN.COM WEBSITE, AND ALL GARETT MARTYN PRODUCTS, SERVICES, ARTWORK, AND CHARITY OPERATIONS THROUGH THE MANY NAMES OF GARETT MARTYN, “G.”, G-BEAR ENTERPRISES INC, HOLISTIWORLD INC, MARTYN MARTIAL ARTS, AND BEARKIDO MARTIAL ARTS.
THESE TERMS ARE A LEGALLY BINDING CONTRACT BETWEEN YOU AND US.
THESE TERMS APPLY TO ALL USERS OF THE SITE, INCLUDING WITHOUT LIMITATION USERS WHO ARE BROWSERS, VENDORS, CUSTOMERS, MERCHANTS, AND/OR CONTRIBUTORS OF CONTENT. PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING OUR WEBSITE. BY ACCEPTING THESE TERMS, YOU REPRESENT THAT YOU ARE AN INDIVIDUAL OF LEGAL AGE TO FORM A BINDING CONTRACT OR, IF YOU ARE NOT, THAT YOU HAVE OBTAINED PARENTAL OR GUARDIAN CONSENT TO ENTER INTO THESE TERMS. UNDER NO CIRCUMSTANCES MAY YOU ACCESS OR USE THE SERVICES IF YOU ARE UNDER THIRTEEN (13) YEARS YOUNG. YOUR ACCESS TO AND USE OF THE SERVICES IN ANY WAY ALSO MEANS THAT YOU AGREE TO ALL OF THESE TERMS, AND THESE TERMS WILL REMAIN IN EFFECT WHILE YOU ACCESS OR USE THE SERVICES. THESE TERMS INCORPORATE BY REFERENCE ANY ADDITIONAL TERMS AND CONDITIONS POSTED BY US THROUGH OUR WEBSITE AND/OR OUR MOBILE APPLICATION, OR OTHERWISE MADE AVAILABLE TO YOU BY US (THE “ADDITIONAL TERMS”), AND YOU UNDERSTAND AND AGREE THAT BY ACCESSING OR USING ANY OF OUR SERVICES, YOU AGREE TO ALSO COMPLY WITH ALL ADDITIONAL TERMS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU MAY NOT ACCESS THE WEBSITE OR USE ANY SERVICES ANY NEW FEATURES OR TOOLS WHICH ARE ADDED TO THE CURRENT STORE SHALL ALSO BE SUBJECT TO THE TERMS OF SERVICE. YOU CAN REVIEW THE MOST CURRENT VERSION OF THE TERMS OF SERVICE AT ANY TIME ON THIS PAGE. WE RESERVE THE RIGHT TO UPDATE, CHANGE OR REPLACE ANY PART OF THESE TERMS OF SERVICE BY POSTING UPDATES AND/OR CHANGES TO OUR WEBSITE. IT IS YOUR RESPONSIBILITY TO CHECK THIS PAGE PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF OR ACCESS TO THE WEBSITE FOLLOWING THE POSTING OF ANY CHANGES CONSTITUTES ACCEPTANCE OF THOSE CHANGES. OUR STORE IS HOSTED ON HOSTINGER/WOOCOMMERCE.COM. THEY PROVIDE US WITH THE ONLINE E-COMMERCE PLATFORM THAT ALLOWS US TO SELL OUR PRODUCTS AND SERVICES TO YOU.
TERMS AND CONDITIONS OF USE AND TERMS AND CONDITIONS OF SALE FOR THE GBEARENTERPRISES.COM WEBSITE, AND ALL GARETT MARTYN PRODUCTS, SERVICES, ARTWORK, AND CHARITY OPERATIONS THROUGH THE MANY NAMES OF GARETT MARTYN, “G.”, G-BEAR ENTERPRISES INC, HOLISTIWORLD INC, MARTYN MARTIAL ARTS, AND BEARKIDO MARTIAL ARTS.
A. GENERAL TERMS
BEFORE USING THE GARETTMARTYN.COM WEBSITE OR ANY OTHER GBEARENTERPRISES.COM WEBSITES (THE “WEBSITE”), PLEASE REVIEW ALL OF THE TERMS INCLUDED BELOW, AS THE TERMS AND CONDITIONS FOR THE USE (“USE TERMS”), THE TERMS AND CONDITIONS OF SALE (“SALE TERMS”), AND ADDITIONAL TERMS, TOGETHER WITH THE PRIVACY POLICY, GOVERN YOUR (“CUSTOMER,” “YOU,” “YOUR,” OR SIMILAR TERMS) USE OF THE WEBSITE AND ANY PURCHASES THAT YOU MAKE OR ATTEMPT TO MAKE. IF YOU DO NOT AGREE TO THESE TERMS PLEASE EXIT AND DO NOT USE THE WEBSITE. GARETT MARTYN, “G.”, AND THE GARETTMARTYN.COM WEBSITE ALONG WITH G-BEAR ENTERPRISES INC, HOLISTIWORLD INC, MARTYN MARTIAL ARTS, AND BEARKIDO MARTIAL ARTS IS PROTECTED BY THESE TERMS & CONDITIONS AS WELL AS THE FIRST MOST HIGH CREATOR GOD, THE MOST HIGH KING OF KINGS, AND NO FORM OF EVIL SHALL PROSPER, AND ALL USE OF THE GBEARENTERPRISES.COM WEBSITE IS SUBJECT TO THESE USE TERMS. BY USING THE GBEARENTERPRISES.COM WEBSITE AND DEVELOPING ANY KIND OF RELATIONSHIP WITH GARETT MARTYN, YOU AGREE TO COMPLY WITH, AND BE BOUND BY, THE USE TERMS, AMEN.
BY AGREEING TO THESE TERMS OF SERVICE, YOU REPRESENT THAT YOU ARE AT LEAST THE AGE OF MAJORITY IN YOUR STATE OR PROVINCE OF RESIDENCE, OR THAT YOU ARE THE AGE OF MAJORITY IN YOUR STATE OR PROVINCE OF RESIDENCE AND YOU HAVE GIVEN US YOUR CONSENT TO ALLOW ANY OF YOUR MINOR DEPENDENTS TO USE THIS SITE. YOU MAY NOT USE OUR PRODUCTS FOR ANY ILLEGAL OR UNAUTHORIZED PURPOSE NOR MAY YOU, IN THE USE OF THE SERVICE, VIOLATE ANY LAWS IN YOUR JURISDICTION (INCLUDING BUT NOT LIMITED TO COPYRIGHT LAWS). YOU MUST NOT TRANSMIT ANY WORMS OR VIRUSES OR ANY CODE OF A DESTRUCTIVE NATURE. A BREACH OR VIOLATION OF ANY OF THE TERMS WILL RESULT IN AN IMMEDIATE TERMINATION OF YOUR SERVICES. WE MAY LIMIT THE SERVICE’S AVAILABILITY AT ANY TIME, IN WHOLE OR IN PART, TO ANY PERSON, GEOGRAPHIC AREA OR JURISDICTION THAT WE CHOOSE. YOU UNDERSTAND THAT YOUR CONTENT (NOT INCLUDING CREDIT CARD INFORMATION), MAY BE TRANSFERRED UNENCRYPTED AND INVOLVE (A) TRANSMISSIONS OVER VARIOUS NETWORKS; AND (B) CHANGES TO CONFORM AND ADAPT TO TECHNICAL REQUIREMENTS OF CONNECTING NETWORKS OR DEVICES. WE USE OUR BEST EFFORTS TO ENSURE CREDIT CARD INFORMATION IS ALWAYS ENCRYPTED DURING TRANSFER OVER NETWORKS. YOU AGREE NOT TO REPRODUCE, DUPLICATE, COPY, SELL, RESELL OR EXPLOIT ANY PORTION OF THE SERVICE, USE OF THE SERVICE, OR ACCESS TO THE SERVICE OR ANY CONTACT ON THE WEBSITE THROUGH WHICH THE SERVICE IS PROVIDED, WITHOUT EXPRESS WRITTEN PERMISSION BY US. THE HEADINGS USED IN THIS AGREEMENT ARE INCLUDED FOR CONVENIENCE ONLY AND WILL NOT LIMIT OR OTHERWISE AFFECT THESE TERMS. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION. WE ARE NOT RESPONSIBLE IF INFORMATION MADE AVAILABLE ON THIS SITE IS NOT ACCURATE, COMPLETE OR CURRENT. THE MATERIAL ON THIS SITE IS PROVIDED FOR GENERAL INFORMATION ONLY AND SHOULD NOT BE RELIED UPON OR USED AS THE SOLE BASIS FOR MAKING DECISIONS WITHOUT CONSULTING PRIMARY, MORE ACCURATE, MORE COMPLETE OR MORE TIMELY SOURCES OF INFORMATION. ANY RELIANCE ON THE MATERIAL ON THIS SITE IS AT YOUR OWN RISK. THIS SITE MAY CONTAIN CERTAIN HISTORICAL INFORMATION. HISTORICAL INFORMATION, NECESSARILY, IS NOT CURRENT AND IS PROVIDED FOR YOUR REFERENCE ONLY. WE RESERVE THE RIGHT TO MODIFY THE CONTENTS OF THIS SITE AT ANY TIME, BUT WE HAVE NO OBLIGATION TO UPDATE ANY INFORMATION ON OUR SITE. YOU AGREE THAT IT IS YOUR RESPONSIBILITY TO MONITOR CHANGES TO OUR SITE. PRICES FOR OUR PRODUCTS ARE SUBJECT TO CHANGE WITHOUT NOTICE. WE RESERVE THE RIGHT AT ANY TIME TO MODIFY OR DISCONTINUE THE SERVICE (OR ANY PART OR CONTENT THEREOF) WITHOUT NOTICE AT ANY TIME. WE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD-PARTY FOR ANY MODIFICATION, PRICE CHANGE, SUSPENSION OR DISCONTINUANCE OF THE SERVICE. CERTAIN PRODUCTS OR SERVICES MAY BE AVAILABLE EXCLUSIVELY ONLINE THROUGH THE WEBSITE. THESE PRODUCTS OR SERVICES MAY HAVE LIMITED QUANTITIES AND ARE SUBJECT TO RETURN OR EXCHANGE ONLY ACCORDING TO OUR RETURN POLICY. WE HAVE MADE EVERY EFFORT TO DISPLAY AS ACCURATELY AS POSSIBLE THE COLORS AND IMAGES OF OUR PRODUCTS THAT APPEAR AT THE STORE. WE CANNOT GUARANTEE THAT YOUR COMPUTER MONITOR’S DISPLAY OF ANY COLOR WILL BE ACCURATE. WE RESERVE THE RIGHT, BUT ARE NOT OBLIGATED, TO LIMIT THE SALES OF OUR PRODUCTS OR SERVICES TO ANY PERSON, GEOGRAPHIC REGION OR JURISDICTION. WE MAY EXERCISE THIS RIGHT ON A CASE-BY-CASE BASIS. WE RESERVE THE RIGHT TO LIMIT THE QUANTITIES OF ANY PRODUCTS OR SERVICES THAT WE OFFER. ALL DESCRIPTIONS OF PRODUCTS OR PRODUCT PRICING ARE SUBJECT TO CHANGE AT ANYTIME WITHOUT NOTICE, AT THE SOLE DISCRETION OF US. WE RESERVE THE RIGHT TO DISCONTINUE ANY PRODUCT AT ANY TIME. ANY OFFER FOR ANY PRODUCT OR SERVICE MADE ON THIS SITE IS VOID WHERE PROHIBITED. WE DO NOT WARRANT THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU WILL MEET YOUR EXPECTATIONS, OR THAT ANY ERRORS IN THE SERVICE WILL BE CORRECTED. WE RESERVE THE RIGHT TO REFUSE ANY ORDER YOU PLACE WITH US. WE MAY, IN OUR SOLE DISCRETION, LIMIT OR CANCEL QUANTITIES PURCHASED PER PERSON, PER HOUSEHOLD OR PER ORDER. THESE RESTRICTIONS MAY INCLUDE ORDERS PLACED BY OR UNDER THE SAME CUSTOMER ACCOUNT, THE SAME CREDIT CARD, AND/OR ORDERS THAT USE THE SAME BILLING AND/OR SHIPPING ADDRESS. IN THE EVENT THAT WE MAKE A CHANGE TO OR CANCEL AN ORDER, WE MAY ATTEMPT TO NOTIFY YOU BY CONTACTING THE E-MAIL AND/OR BILLING ADDRESS/PHONE NUMBER PROVIDED AT THE TIME THE ORDER WAS MADE. WE RESERVE THE RIGHT TO LIMIT OR PROHIBIT ORDERS THAT, IN OUR SOLE JUDGMENT, APPEAR TO BE PLACED BY DEALERS, RESELLERS OR DISTRIBUTORS. YOU AGREE TO PROVIDE CURRENT, COMPLETE AND ACCURATE PURCHASE AND ACCOUNT INFORMATION FOR ALL PURCHASES MADE AT OUR STORE. YOU AGREE TO PROMPTLY UPDATE YOUR ACCOUNT AND OTHER INFORMATION, INCLUDING YOUR EMAIL ADDRESS AND CREDIT CARD NUMBERS AND EXPIRATION DATES, SO THAT WE CAN COMPLETE YOUR TRANSACTIONS AND CONTACT YOU AS NEEDED. FOR MORE DETAIL, PLEASE REVIEW OUR RETURNS POLICY. WE MAY PROVIDE YOU WITH ACCESS TO THIRD-PARTY TOOLS OVER WHICH WE NEITHER MONITOR NOR HAVE ANY CONTROL NOR INPUT. YOU ACKNOWLEDGE AND AGREE THAT WE PROVIDE ACCESS TO SUCH TOOLS “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND AND WITHOUT ANY ENDORSEMENT. WE SHALL HAVE NO LIABILITY WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF OPTIONAL THIRD-PARTY TOOLS. ANY USE BY YOU OF OPTIONAL TOOLS OFFERED THROUGH THE SITE IS ENTIRELY AT YOUR OWN RISK AND DISCRETION AND YOU SHOULD ENSURE THAT YOU ARE FAMILIAR WITH AND APPROVE OF THE TERMS ON WHICH TOOLS ARE PROVIDED BY THE RELEVANT THIRD-PARTY PROVIDER(S). WE MAY ALSO, IN THE FUTURE, OFFER NEW SERVICES AND/OR FEATURES THROUGH THE WEBSITE (INCLUDING, THE RELEASE OF NEW TOOLS AND RESOURCES). SUCH NEW FEATURES AND/OR SERVICES SHALL ALSO BE SUBJECT TO THESE TERMS. CERTAIN CONTENT, PRODUCTS AND SERVICES AVAILABLE VIA OUR SERVICE MAY INCLUDE MATERIALS FROM THIRD-PARTIES. THIRD-PARTY LINKS ON THIS SITE MAY DIRECT YOU TO THIRD-PARTY WEBSITES THAT ARE NOT AFFILIATED WITH US. WE ARE NOT RESPONSIBLE FOR EXAMINING OR EVALUATING THE CONTENT OR ACCURACY AND WE DO NOT WARRANT AND WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY THIRD-PARTY MATERIALS OR WEBSITES, OR FOR ANY OTHER MATERIALS, PRODUCTS, OR SERVICES OF THIRD-PARTIES. WE ARE NOT LIABLE FOR ANY HARM OR DAMAGES RELATED TO THE PURCHASE OR USE OF GOODS, SERVICES, RESOURCES, CONTENT, OR ANY OTHER TRANSACTIONS MADE IN CONNECTION WITH ANY THIRD-PARTY WEBSITES. PLEASE REVIEW CAREFULLY THE THIRD-PARTY’S POLICIES AND PRACTICES AND MAKE SURE YOU UNDERSTAND THEM BEFORE YOU ENGAGE IN ANY TRANSACTION. COMPLAINTS, CLAIMS, CONCERNS, OR QUESTIONS REGARDING THIRD-PARTY PRODUCTS SHOULD BE DIRECTED TO THE THIRD-PARTY. IF, AT OUR REQUEST, YOU SEND CERTAIN SPECIFIC SUBMISSIONS (FOR EXAMPLE CONTEST ENTRIES) OR WITHOUT A REQUEST FROM US YOU SEND CREATIVE IDEAS, SUGGESTIONS, PROPOSALS, PLANS, OR OTHER MATERIALS, WHETHER ONLINE, BY EMAIL, BY POSTAL MAIL, OR OTHERWISE (COLLECTIVELY, ‘COMMENTS’), YOU AGREE THAT WE MAY, AT ANY TIME, WITHOUT RESTRICTION, EDIT, COPY, PUBLISH, DISTRIBUTE, TRANSLATE AND OTHERWISE USE IN ANY MEDIUM ANY COMMENTS THAT YOU FORWARD TO US. WE ARE AND SHALL BE UNDER NO OBLIGATION (1) TO MAINTAIN ANY COMMENTS IN CONFIDENCE; (2) TO PAY COMPENSATION FOR ANY COMMENTS; OR (3) TO RESPOND TO ANY COMMENTS. WE MAY, BUT HAVE NO OBLIGATION TO, MONITOR, EDIT OR REMOVE CONTENT THAT WE DETERMINE IN OUR SOLE DISCRETION ARE UNLAWFUL, OFFENSIVE, THREATENING, LIBELOUS, DEFAMATORY, PORNOGRAPHIC, OBSCENE OR OTHERWISE OBJECTIONABLE OR VIOLATES ANY PARTY’S INTELLECTUAL PROPERTY OR THESE TERMS. YOU AGREE THAT YOUR COMMENTS WILL NOT VIOLATE ANY RIGHT OF ANY THIRD-PARTY, INCLUDING COPYRIGHT, TRADEMARK, PRIVACY, PERSONALITY OR OTHER PERSONAL OR PROPRIETARY RIGHT. YOU FURTHER AGREE THAT YOUR COMMENTS WILL NOT CONTAIN LIBELOUS OR OTHERWISE UNLAWFUL, ABUSIVE OR OBSCENE MATERIAL, OR CONTAIN ANY COMPUTER VIRUS OR OTHER MALWARE THAT COULD IN ANY WAY AFFECT THE OPERATION OF THE SERVICE OR ANY RELATED WEBSITE. YOU MAY NOT USE A FALSE E-MAIL ADDRESS, PRETEND TO BE SOMEONE OTHER THAN YOURSELF, OR OTHERWISE MISLEAD US OR THIRD-PARTIES AS TO THE ORIGIN OF ANY COMMENTS. YOU ARE SOLELY RESPONSIBLE FOR ANY COMMENTS YOU MAKE AND THEIR ACCURACY. WE TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR ANY COMMENTS POSTED BY YOU OR ANY THIRD-PARTY. YOUR SUBMISSION OF PERSONAL INFORMATION THROUGH THE STORE IS GOVERNED BY OUR PRIVACY POLICY. CLICK HERE TO VIEW OUR PRIVACY POLICY. OCCASIONALLY THERE MAY BE INFORMATION ON OUR SITE OR IN THE SERVICE THAT CONTAINS TYPOGRAPHICAL ERRORS, INACCURACIES OR OMISSIONS THAT MAY RELATE TO PRODUCT DESCRIPTIONS, PRICING, PROMOTIONS, OFFERS, PRODUCT SHIPPING CHARGES, TRANSIT TIMES AND AVAILABILITY. WE DISCLAIM ANY AND ALL POTENTIAL LIABILITY IN CONNECTION WITH ANY LOSS, DAMAGE, OR INJURY SUFFERED DUE TO ERRORS, INACCURACIES, OR OMISSIONS ON OUR WEBSITE OR RELATED TO OUR SERVICE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS, AND TO CHANGE OR UPDATE INFORMATION OR CANCEL ORDERS IF ANY INFORMATION IN THE SERVICE OR ON ANY RELATED WEBSITE IS INACCURATE AT ANY TIME WITHOUT PRIOR NOTICE (INCLUDING AFTER YOU HAVE SUBMITTED YOUR ORDER). WE UNDERTAKE NO OBLIGATION TO UPDATE, AMEND OR CLARIFY INFORMATION IN THE SERVICE OR ON ANY RELATED WEBSITE, INCLUDING WITHOUT LIMITATION, PRICING INFORMATION, EXCEPT AS REQUIRED BY LAW. NO SPECIFIED UPDATE OR REFRESH DATE APPLIED IN THE SERVICE OR ON ANY RELATED WEBSITE, SHOULD BE TAKEN TO INDICATE THAT ALL INFORMATION IN THE SERVICE OR ON ANY RELATED WEBSITE HAS BEEN MODIFIED OR UPDATED. IN ADDITION TO OTHER PROHIBITIONS AS SET FORTH IN THE TERMS OF SERVICE, YOU ARE PROHIBITED FROM USING THE SITE OR ITS CONTENT: (A) FOR ANY UNLAWFUL PURPOSE; (B) TO SOLICIT OTHERS TO PERFORM OR PARTICIPATE IN ANY UNLAWFUL ACTS; (C) TO VIOLATE ANY INTERDIMENSIONAL, INTERSPIRITUAL, INTERGALACTIC, INTERNATIONAL, FEDERAL, PROVINCIAL OR STATE REGULATIONS, RULES, LAWS, OR LOCAL ORDINANCES; (D) TO INFRINGE UPON OR VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS OR THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS; (E) TO HARASS, ABUSE, INSULT, HARM, DEFAME, SLANDER, DISPARAGE, INTIMIDATE, OR DISCRIMINATE BASED ON GENDER, SEXUAL ORIENTATION, RELIGION, ETHNICITY, RACE, AGE, NATIONAL ORIGIN, OR DISABILITY; (F) TO SUBMIT FALSE OR MISLEADING INFORMATION; (G) TO UPLOAD OR TRANSMIT VIRUSES OR ANY OTHER TYPE OF MALICIOUS CODE THAT WILL OR MAY BE USED IN ANY WAY THAT WILL AFFECT THE FUNCTIONALITY OR OPERATION OF THE SERVICE OR OF ANY RELATED WEBSITE, OTHER WEBSITES, OR THE INTERNET; (H) TO COLLECT OR TRACK THE PERSONAL INFORMATION OF OTHERS; (I) TO SPAM, PHISH, PHARM, PRETEXT, SPIDER, CRAWL, OR SCRAPE; (J) FOR ANY OBSCENE OR IMMORAL PURPOSE; OR (K) TO INTERFERE WITH OR CIRCUMVENT THE SECURITY FEATURES OF THE SERVICE OR ANY RELATED WEBSITE, OTHER WEBSITES, OR THE INTERNET. WE RESERVE THE RIGHT TO TERMINATE YOUR USE OF THE SERVICE OR ANY RELATED WEBSITE FOR VIOLATING ANY OF THE PROHIBITED USES. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE, RELIABLE, OR FULLY SATISFACTORY. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL WE BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE PRODUCTS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE-HUNDRED ($100) CANADIAN DOLLARS OR (II) THE AMOUNTS PAID BY YOU TO US IN CONNECTION WITH THE SERVICES IN THE TWELVE (12)-MONTH PERIOD PRECEDING THE FIRST EVENT GIVING RISE TO A CLAIM OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE SERVICES AND WE SHALL NOT BE LIABLE FOR ANY INTERRUPTIONS OR ERRORS RELATED THERETO. NEITHER US NOR OUR LICENSORS, SUPPLIERS, PARTNERS, PARENT, SUBSIDIARIES, OR AFFILIATED ENTITIES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, CONSULTANTS, CONTRACT EMPLOYEES, REPRESENTATIVES, AND AGENTS, AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS MAKE ANY REPRESENTATIONS OR WARRANTIES CONCERNING THE SERVICES, INCLUDING WITHOUT LIMITATION REGARDING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICES OR ANY PRODUCTS, AND THE WE WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY, OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE SERVICES OR ANY CLAIMS, ACTIONS, SUITS PROCEDURES, COSTS, EXPENSES, DAMAGES, OR LIABILITIES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR PARTICIPATION IN OR USE OF THE SERVICES. WE MAKE NO WARRANTY THAT THE PRODUCTS OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS, OR SERVICES, OR THAT DEFECTS IN THE PRODUCTS OR SERVICES WILL BE CORRECTED. THE SERVICES MAY BECOME UNAVAILABLE DUE TO MAINTENANCE OR MALFUNCTION OF COMPUTER EQUIPMENT OR OTHER REASONS. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL IN ANY WAY RELATED TO THE SERVICES AND/OR OUR CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SERVICES OR OTHERWISE WILL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICES, PRODUCTS, CONTENT, AND ANY THIRD PARTY MATERIALS ARE PROVIDED BY US (AND OUR LICENSORS AND SUPPLIERS) ON AN “AS-IS,” “WHERE IS,” AND “AS AVAILABLE” BASIS, AND WE HEREBY DISCLAIM ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS GARETT MARTYN, G-BEAR ENTERPRISES INC, HOLISTIWORLD INC, MARTYN MARTIAL ARTS, BEARKIDO MARTIAL ARTS AND OUR PARENT, SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, SUBCONTRACTORS, SUPPLIERS, INTERNS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD-PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THESE TERMS OR THE DOCUMENTS THEY INCORPORATE BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD-PARTY. IN THE EVENT THAT ANY PROVISION OF THESE TERMS IS DETERMINED TO BE UNLAWFUL, VOID OR UNENFORCEABLE, SUCH PROVISION SHALL NONETHELESS BE ENFORCEABLE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND THE UNENFORCEABLE PORTION SHALL BE DEEMED TO BE SEVERED FROM THESE TERMS, SUCH DETERMINATION SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF ANY OTHER REMAINING PROVISIONS. THE OBLIGATIONS AND LIABILITIES OF THE PARTIES INCURRED PRIOR TO THE TERMINATION DATE SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT FOR ALL PURPOSES. THESE TERMS ARE EFFECTIVE UNLESS AND UNTIL TERMINATED BY EITHER YOU OR US. YOU MAY TERMINATE THESE TERMS AT ANY TIME BY NOTIFYING US THAT YOU NO LONGER WISH TO USE OUR SERVICES, OR WHEN YOU CEASE USING OUR SITE. IF IN OUR SOLE JUDGMENT YOU FAIL, OR WE SUSPECT THAT YOU HAVE FAILED, TO COMPLY WITH ANY TERM OR PROVISION OF THESE TERMS, WE ALSO MAY TERMINATE THIS AGREEMENT AT ANY TIME WITHOUT NOTICE AND YOU WILL REMAIN LIABLE FOR ALL AMOUNTS DUE UP TO AND INCLUDING THE DATE OF TERMINATION; AND/OR ACCORDINGLY MAY DENY YOU ACCESS TO OUR SERVICES (OR ANY PART THEREOF). THE FAILURE OF US TO EXERCISE OR ENFORCE ANY RIGHT OR PROVISION OF THESE TERMS SHALL NOT CONSTITUTE A WAIVER OF SUCH RIGHT OR PROVISION. THESE TERMS AND ANY POLICIES OR OPERATING RULES POSTED BY US ON THIS SITE OR IN RESPECT TO THE SERVICE CONSTITUTES THE ENTIRE AGREEMENT AND UNDERSTANDING BETWEEN YOU AND US AND GOVERN YOUR USE OF THE SERVICE, SUPERSEDING ANY PRIOR OR CONTEMPORANEOUS AGREEMENTS, COMMUNICATIONS AND PROPOSALS, WHETHER ORAL OR WRITTEN, BETWEEN YOU AND US (INCLUDING, BUT NOT LIMITED TO, ANY PRIOR VERSIONS OF THE TERMS). ANY AMBIGUITIES IN THE INTERPRETATION OF THESE TERMS SHALL NOT BE CONSTRUED AGAINST THE DRAFTING PARTY. THESE TERMS OF SERVICE AND ANY SEPARATE AGREEMENTS WHEREBY WE PROVIDE YOU SERVICES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF CALGARY, AB. YOU CAN REVIEW THE MOST CURRENT VERSION OF THE TERMS AT ANY TIME AT THIS PAGE. WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION, TO UPDATE, CHANGE OR REPLACE ANY PART OF THESE TERMS OF SERVICE BY POSTING UPDATES AND CHANGES TO OUR WEBSITE. IT IS YOUR RESPONSIBILITY TO CHECK OUR WEBSITE PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF OR ACCESS TO OUR WEBSITE OR THE SERVICE FOLLOWING THE POSTING OF ANY CHANGES TO THESE TERMS OF SERVICE CONSTITUTES ACCEPTANCE OF THOSE CHANGES.
B. TERMS AND CONDITIONS FOR THE USE OF THE GARETTMARTYN.COM WEBSITE OR ANY GBEARENTERPRISES.COM WEBSITES, SERVICES AND PRODUCTS.
(1) GENERAL
G-BEAR ENTERPRISES INC, HOLISTIWORLD INC, MARTYN MARTIAL ARTS, BEARKIDO MARTIAL ARTS (“GARETT MARTYN,” “G.”, “MR. G.”, “G-BEAR”, “GURU G-BEAR”, “I”, “WE”, “US”, “HE”, “HIM” AND SIMILAR TERMS) MAY UPDATE THE USE TERMS, SALE TERMS, ADDITIONAL TERMS, AND PRIVACY POLICY AT ANY TIME WITHOUT PRIOR NOTICE.
THE SERVICES GARETT MARTYN PROVIDES TO YOU OR G-BEAR ENTERPRISES INC. PROVIDES TO YOU MAY INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING: WEBSITES, SOFTWARES, CALCULATORS, ESTIMATORS, PROPOSAL SOLICITATION PLATFORMS, GRAPHICAL REPRESENTATIONS OF FINANCIAL AND ENERGY PERFORMANCE DATA, DASHBOARDS, SELF-EVALUATION GUIDES, MAPS, SUMMARIES, LEAD GENERATION AND QUILIFICATION TOOLS, AND WEB LOGS (BLOGS); INFORMATION CONCERNING THIRD-PARTY VENDORS INCLUDING, BUT NOT LIMITED TO, PRODUCT MANUFACTURERS, INSTALLERS AND OTHER CONTRACTORS, LENDERS AND FINANCIAL INSTITUTIONS (“THIRD-PARTY VENDORS”); AND PRODUCT AND SERVICE DESCRIPTIONS, INCLUDING MATERIALS PROVIDED BY THIRD-PARTY VENDORS. YOUR ACCEPTANCE OF THESE MATERIALS, WHETHER DISPLAYED OR TRANSMITTED ON THE SITE, OR THROUGH THE SERVICES BY MEANS INCLUDING, BUT NOT LIMITED TO, TEXT, USER COMMENTS, MESSAGES, INFORMATION, DATA, GRAPHICS, ARTICLES, BROCHURES, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, SOFTWARE, AUDIO CLIPS, AND VIDEO CLIPS (COLLECTIVELY, “CONTENT”), IS SUBJECT TO THESE TERMS. GARETT MARTYN/ G-BEAR ENTERPRISES INC. MAY CHANGE, SUSPEND OR DISCONTINUE THE SERVICES, INCLUDING ANY CONTENT, AT ANY TIME, FOR ANY REASON. G-BEAR ENTERPRISES INC. MAY ALSO PLACE LIMITATIONS ON CERTAIN FEATURES AND SERVICES, OR RESTRICT YOUR ACCESS TO PARTS OF OR ALL OF THE SERVICES, WITHOUT NOTICE OR LIABILITY.
UNLESS EXPRESSLY STATED IN WRITING ON THE SITE OR IN CONTENT RELATING TO THE SERVICES, NOTHING CONTAINED THEREIN SHALL CONSTITUTE AN OFFER OR PROMISE TO DELIVER ANY PRODUCTS AND SERVICES, WHETHER BY G-BEAR ENTERPRISES INC. OR ANY THIRD-PARTY VENDOR. THIRD-PARTY VENDORS MAY NOT OFFER ALL PRODUCTS AND SERVICES DESCRIBED ON THE SITE, OR DESCRIBED IN CONTENT RELATING TO SUCH SERVICES, IN ALL PROVINCES, OR IN ALL COMMUNITIES WITHIN A PROVINCE, AND THE OFFER OF CERTAIN PRODUCTS OR SERVICES TO USERS MAY BE SUBJECT TO CERTAIN QUALIFYING CRITERIA THAT ARE NOT ESTABLISHED BY G-BEAR ENTERPRISES INC., AND OVER WHICH G-BEAR ENTERPRISES INC. HAS NO INFLUENCE, AUTHORITY OR CONTROL.
YOU CAN VIEW THE MOST CURRENT VERSION OF THE USE TERMS, SALE TERMS, ADDITIONAL TERMS, AND PRIVACY POLICY AT ANY TIME BY VISITING THIS PAGE. BY CONTINUING TO USE THE WEBSITE AFTER ANY UPDATE YOU ACCEPT AND AGREE TO BE BOUND BY, AND CONSENT TO, THE CURRENT TERMS INCLUDING ANY CHANGES. THE GARETTMARTYN.COM WEBSITE IS OPERATED BY GARETT MARTYN. GARETT MARTYN IS THE E-COMMERCE SUBSIDIARY OF G-BEAR ENTERPRISES, AND HAS ITS PRINCIPAL OFFICE IN CANADA.
YOU MAY FIND THE PRIVACY POLICY HERE. PRICES MAY CHANGE WITHOUT NOTICE. LATE CANCELLATION AND NO SHOW FEES MAY CHANGE WITHOUT NOTICE. PRICES DO NOT INCLUDE GST. ALL PRICES ARE IN CANADIAN DOLLARS. SCHEDULES MAY CHANGE WITHOUT NOTICE AT ANYTIME. DROP-IN MARTYN MARTIAL ARTS, SESSION CARDS & MEMBERSHIP AND SUBSCRIPTION PRICES DO NOT INCLUDE REGISTERED CLASSES OR WORKSHOPS. NO SESSION PASSES OR MEMBERSHIPS WILL BE SUSPENDED OR CANCELLED IN THE EVENT THAT THERE IS A GOVERNMENT MANDATED SHUTDOWN AS THESE PASSES WILL OFFER SOME TYPE OF MUTUALLY BENEFICIAL SOLUTION, SUCH A VIRTUAL CLASSES IN THAT EVENT.
(2) DATA SECURITY AND PRIVACY
(A) PRIVACY POLICY.
THE GARETTMARTYN.COM AND GBEARENTERPRISES.COM PRIVACY POLICY GOVERNS THE USE OF ANY PERSONAL INFORMATION THAT YOU PROVIDE TO GARETT MARTYN ON THIS WEBSITE OR IS OTHERWISE COLLECTED THROUGH YOUR USE OF THE WEBSITE.
(B) NOT INTENDED FOR MINORS.
THE GBEARENTERPRISES.COM WEBSITE IS NOT INTENDED FOR THOSE UNDER 18. BY USING THE WEBSITE YOU AGREE YOU ARE 18 YEARS OF AGE OR OLDER. FURTHERMORE, WE DO NOT KNOWINGLY COLLECT OR SOLICIT PERSONAL INFORMATION FROM THOSE UNDER 18 (INCLUDING THOSE UNDER THE AGE OF 13) OR KNOWINGLY ALLOW SUCH PERSONS TO REGISTER FOR AN ONLINE ACCOUNT OR TO POST PERSONAL INFORMATION ON OUR WEBSITES.
(C) RECORDS.
WITHOUT LIMITING THE TERMS OF THE PRIVACY POLICY, YOU ACKNOWLEDGE AND AGREE THAT GARETTMARTYN MAY PRESERVE ANY TRANSMITTAL OR COMMUNICATION BY YOU WITH GARETT MARTYN THROUGH THE WEBSITE (OR CUSTOMER SERVICE), AND MAY ALSO DISCLOSE SUCH DATA IF REQUIRED TO DO SO BY LAW OR GARETT MARTYN DETERMINES THAT SUCH PRESERVATION OR DISCLOSURE IS REASONABLY NECESSARY TO (1) COMPLY WITH LEGAL PROCESS, (2) ENFORCE THESE USE TERMS, (3) RESPOND TO CLAIMS THAT ANY SUCH DATA VIOLATES THE RIGHTS OF OTHERS, OR (4) PROTECT THE RIGHTS, PROPERTY OR PERSONAL SAFETY OF GARETT MARTYN, ITS EMPLOYEES, USERS OF OR VISITORS TO THE WEBSITE, AND THE PUBLIC.
(3) INTELLECTUAL PROPERTY
(A) OWNERSHIP.
THE GARETTMARTYN.COM WEBSITE AND MATERIAL ON THE GARETTMARTYN.COM WEBSITE (INCLUDING ALL INTELLECTUAL PROPERTY OF ANY NATURE, WHETHER REGISTERED OR UNREGISTERED, INCLUDING DRAWINGS, DESIGNS, ILLUSTRATIONS, PHOTOGRAPHS, VIDEOS, SOUND TRACKS, WRITTEN TEXT, LOGOS, TRADEMARKS) ARE THE EXCLUSIVE PROPERTY OF GARETT MARTYN AND ITS AFFILIATES AND SUBSIDIARIES. YOU MAY NOT REPRODUCE BY ANY MEANS OR PROCESS (EXCEPT AS EXPRESSLY PROVIDED HEREIN), IN WHOLE OR IN PART, DISTRIBUTE, PUBLISH, TRANSMIT, CREATE DERIVATIVE WORKS BASED ON, MODIFY OR SELL ANY MATERIAL CONTAINED ON THE GARETTMARTYN.COM WEBSITE.
THE “GARETTMARTYN” AND “G.” TRADEMARK AND ALL OTHER GARETTMARTYN RELATED MARKS AND LOGOS, WHETHER REGISTERED OR NOT REGISTERED, DISPLAYED ON THE GARETTMARTYN.COM WEBSITE, AS WELL AS THE DOMAIN NAME “GBEARENTERPRISES.COM,” ARE AND WILL REMAIN THE EXCLUSIVE PROPERTY OF GARETT MARTYN. ANY REPRODUCTION, DISTRIBUTION, TRANSMISSION, MODIFICATION, OR USE OF ANY GARETT MARTYN TRADEMARK FOR ANY PURPOSE IS PROHIBITED.
(B) PROPRIETARY MARKINGS.
YOU MAY NOT REMOVE ANY COPYRIGHT, TRADEMARK OR OTHER PROPRIETARY NOTICE CONTAINED ON THE GBEARENTERPRISES.COM WEBSITE OR ANY CONTENT CONTAINED THEREIN.
(C) FEEDBACK.
YOU AGREE THAT ANY AND ALL FEEDBACK, REVIEWS, SUGGESTIONS, DESIGNS, CONCEPTS, PHOTOGRAPHS, TESTIMONIALS, AND OTHER ITEMS OR MATERIALS (EXCEPT FOR YOUR PERSONAL INFORMATION) DISCLOSED OR SUBMITTED TO GARETT MARTYN THROUGH THIS WEBSITE OR BY OTHER MEANS (“SUBMISSIONS”) ARE NEITHER CONFIDENTIAL NOR PROPRIETARY TO YOU AND MAY BE USED BY GARETT MARTYN WITHOUT RESTRICTION OR COMPENSATION. BY MAKING A SUBMISSION TO GARETT MARTYN, YOU GRANT TO GARETT MARTYN UNDER ALL RIGHT, TITLE AND INTEREST, INCLUDING COPYRIGHTS, IN THE SUBMISSION A NONEXCLUSIVE, ROYALTY-FREE, PERPETUAL, IRREVOCABLE, AND FULLY SUBLICENSABLE RIGHT TO USE, REPRODUCE, MODIFY, ADAPT, PUBLISH, TRANSLATE, CREATE DERIVATIVE WORKS FROM, DISTRIBUTE, DISPLAY AND OTHERWISE FULLY EXPLOIT SUCH SUBMISSIONS. GARETT MARTYN HAS NO OBLIGATION (I) TO KEEP ANY SUBMISSION CONFIDENTIAL; (II) TO PAY YOU OR ANYONE ANY COMPENSATION FOR ANY SUBMISSION OR FOR USING A SUBMISSION; OR (III) TO RESPOND TO OR ACKNOWLEDGE ANY SUBMISSION. YOU REPRESENT AND WARRANT THAT NO SUBMISSION YOU MAKE WILL VIOLATE ANY RIGHT OF ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, COPYRIGHT, TRADEMARK, PATENT, TRADE SECRET, PRIVACY OR OTHER PERSONAL OR PROPRIETARY RIGHT. BY MAKING A SUBMISSION, YOU AGREE THAT GARETT MARTYN HAS THE RIGHT (BUT NOT THE OBLIGATION) TO COPY, PUBLISH, DISTRIBUTE OR USE SUCH SUBMISSION FOR ANY PURPOSE, INCLUDING, BUT NOT LIMITED TO, ADVERTISING, PROMOTIONAL, PRODUCT DEVELOPMENT OR OTHER COMMERCIAL PURPOSES, WITHOUT COMPENSATION TO YOU OR TO ANY OTHER PERSON. YOU ARE AND SHALL REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF ANY SUBMISSION YOU MAKE.
(4) LINKING
(A) LINKS TO THIRD PARTY SITES.
THE SITE MAY CONTAIN CONTENT, FEATURES AND FUNCTIONALITIES THAT MAY LINK YOU OR PROVIDE YOU WITH ACCESS TO INFORMATION AND CONTENT PROVIDED BY THIRD PARTIES, INCLUDING THIRD-PARTY VENDORS, THAT IS COMPLETELY INDEPENDENT OF G-BEAR ENTERPRISES INC., INCLUDING WEB SITES, DIRECTORIES, SERVERS, NETWORKS, SYSTEMS, DATABASES, APPLICATIONS, SOFTWARE, PROGRAMS, PRODUCTS, OR SERVICES. G-BEAR ENTERPRISES INC. MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, COMPLETENESS, OR AUTHENTICITY OF THE INFORMATION OBTAINED FROM OR CONTAINED IN ANY SUCH WEB SITE, DIRECTORY, SERVER, NETWORK, SYSTEM, DATABASE, APPLICATION, SOFTWARE, PROGRAM, PRODUCT, OR SERVICE, AND UNDER NO CIRCUMSTANCE WILL GARETT MARTYN OR G-BEAR ENTERPRISES INC. BE LIABLE IN ANY WAY FOR CONTENT PROVIDED BY THIRD PARTIES, INCLUDING THIRD-PARTY VENDORS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF, OR RELIANCE UPON, SUCH CONTENT.
USERS MAY AUTHORIZE G-BEAR ENTERPRISES INC. TO PROVIDE THEM WITH CONSULTING SERVICES, OR TO ACT AS THEIR AGENT ON A FEE-FOR-SERVICE BASIS. USERS MUST PROVIDE ANY SUCH AUTHORITY EXPRESSLY IN WRITING, AND IN THE ABSENCE OF SUCH A WRITING A USER SHALL NEITHER ASSUME NOR INFER THAT G-BEAR ENTERPRISES INC. HAS AGREED TO PROVIDE CONSULTING SERVICES, OR TO ACT AS AN AGENT ON THEIR BEHALF.
FROM TIME TO TIME G-BEAR ENTERPRISES INC. DOES ENTER INTO PARTNERSHIPS WITH FOR-PROFIT COMPANIES AND FIRMS, NON-PROFIT ORGANIZATIONS, MUNICIPALITIES AND OTHER GOVERNMENTAL ENTITIES, AND EMPLOYERS (COLLECTIVELY “CHANNEL PARTNERS”), TO OFFER THEIR CUSTOMERS, CLIENTS, MEMBERS, CONSTITUENTS, AND EMPLOYEES THE SERVICES PROVIDED AT THE SITE, AS DESCRIBED IN SECTION III, “DESCRIPTION OF SERVICES; LIMITATIONS ON SERVICES,” ABOVE.
YOUR DEALINGS WITH ORGANIZATIONS, FIRMS, AND/OR INDIVIDUALS FOUND ON OR THROUGH THE SITE OR THE SERVICES, OR WITH ANY CHANNEL PARTNER WITH WHOM YOU ARE AFFILIATED, INCLUDING ANY PAYMENT(S) FOR THE DELIVERY OF GOODS AND/OR SERVICES, AND ANY OTHER TERMS, CONDITIONS, WARRANTIES OR REPRESENTATIONS ASSOCIATED WITH SUCH DEALINGS, WHETHER OR NOT YOU HAVE AUTHORIZED G-BEAR ENTERPRISES INC. IN WRITING TO SERVE AS YOUR AGENT ON A FEE-FOR-SERVICE BASIS, ARE SOLELY BETWEEN YOU AND SUCH ORGANIZATIONS, FIRMS, CHANNEL PARTNERS, AND/OR INDIVIDUALS. YOU SHOULD MAKE WHATEVER INVESTIGATION YOU FEEL IS NECESSARY OR APPROPRIATE PRIOR TO ENGAGING IN ANY TRANSACTION, FINANCIAL OR OTHERWISE, WITH ANY OF THESE THIRD PARTIES, INCLUDING CHANNEL PARTNERS AND THIRD-PARTY VENDORS, WHETHER OR NOT YOU ENGAGE IN ANY TRANSACTION, FINANCIAL OR OTHERWISE, WITH ANY OF THESE THIRD PARTIES, INCLUDING UPON THE SUGGESTION OF G-BEAR ENTERPRISES INC. AFTER AUTHORIZING G-BEAR ENTERPRISES INC. IN WRITING TO PROVIDE YOU WITH CONSULTING SERVICES OR TO ACT AS YOUR AGENT ON YOUR BEHALF ON A FEE FOR SERVICE BASIS.
YOU AGREE THAT G-BEAR ENTERPRISES INC. SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND THAT IS INCURRED AS THE RESULT OF ANY SUCH DEALINGS WITH ORGANIZATIONS, FIRMS, THIRD-PARTY VENDORS, AND/OR INDIVIDUALS FOUND ON OR THROUGH THE SITE OR THE SERVICES, OR WITH ANY CHANNEL PARTNER. IF THERE IS A DISPUTE BETWEEN YOU AND ANY OTHER USER(S) OF THE SITE OR THE SERVICES, OR ANY THIRD PARTY, INCLUDING ANY CHANNEL PARTNER WITH WHOM YOU ARE AFFILIATED, OR THIRD-PARTY VENDOR, YOU UNDERSTAND AND AGREE THAT G-BEAR ENTERPRISES INC. IS UNDER NO OBLIGATION TO RESOLVE THE DISPUTE, OR ASSIST WITH ITS RESOLUTION. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS OF THE SITE OR THE SERVICES, OR ANY THIRD PARTY, INCLUDING ANY CHANNEL PARTNER WITH WHOM YOU ARE AFFILIATED, OR THIRD-PARTY VENDOR, YOU HEREBY RELEASE G-BEAR ENTERPRISES INC., ITS OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS IN RIGHTS FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES.
THE GARETTMARTYN.COM WEBSITE MAY CONTAIN LINKS TO THIRD PARTY WEBSITES NOT UNDER THE OPERATION OR CONTROL OF GARETT MARTYN. ALL SUCH LINKS ARE PROVIDED AS A CONVENIENCE ONLY AND ARE NOT, AND SHOULD NOT BE INTERPRETED AS, AN EXPRESS OR IMPLIED ENDORSEMENT OF SUCH THIRD PARTY WEBSITES OR ANY PRODUCTS OR SERVICES THAT MAY BE OFFERED THEREON. GARETT MARTYN SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR THE CONTENT, AVAILABILITY, OR OTHERWISE IN CONNECTION WITH SUCH THIRD PARTY WEBSITES. ANY QUESTIONS OR CONCERNS ABOUT THIRD PARTY WEBSITES SHOULD BE DIRECTED TO THE OWNERS OR OPERATORS OF SUCH WEBSITES. PLEASE REVIEW THE TERMS AND CONDITIONS THAT MAY BE IMPOSED BY SUCH WEBSITES, AS THEY MAY BE DIFFERENT FROM THESE USE TERMS.
(B) LINKING ONLY WITH AUTHORIZATION.
YOU MAY ONLY PROVIDE A LINK (INCLUDING DEEP LINKING) TO THE GARETTMARTYN.COM WEBSITE IF EXPRESSLY AUTHORIZED IN WRITING BY GARETT MARTYN.
(5) USE RESTRICTIONS
(A) NO SCRAPING.
YOU MAY NOT USE ANY AUTOMATIC DEVICE, PROGRAM, OR METHODOLOGY (INCLUDING, WITHOUT LIMITATION, “PAGE-SCRAPE,” “ROBOT,” OR “SPIDER”), OR ANY SIMILAR OR EQUIVALENT MANUAL PROCESS, TO ACCESS, ACQUIRE, COPY, OR MONITOR ANY PORTION OF THE WEBSITE, TO OBTAIN OR ATTEMPT TO OBTAIN ANY MATERIALS, DOCUMENTS OR INFORMATION THROUGH ANY MEANS NOT PURPOSELY MADE AVAILABLE THROUGH THE WEBSITE. GARETT MARTYN RESERVES THE RIGHT TO BAR ANY SUCH ACTIVITY.
(B)NO CIRCUMVENTION.
YOU MAY NOT ATTEMPT TO GAIN UNAUTHORIZED ACCESS TO ANY PORTION OR FEATURE OF THE WEBSITE, OR ANY OTHER SYSTEMS OR NETWORKS CONNECTED TO THE WEBSITE BY HACKING, PASSWORD “MINING” OR ANY OTHER ILLEGITIMATE MEANS.
IN ADDITION, YOU MAY NOT PROBE, SCAN OR TEST THE VULNERABILITY OF THE WEBSITE OR ANY NETWORK CONNECTED TO THE WEBSITE, NOR BREACH THE SECURITY OR AUTHENTICATION MEASURES ON THE WEBSITE. YOU MAY NOT REVERSE LOOK-UP, TRACE OR SEEK TO TRACE ANY INFORMATION ON ANY OTHER USER OF OR VISITOR TO THE WEBSITE, OR ANY OTHER CUSTOMER OF GARETT MARTYN, OR EXPLOIT THE WEBSITE OR ANY SERVICE OR INFORMATION MADE AVAILABLE OR OFFERED BY OR THROUGH THE WEBSITE, IN ANY WAY WHERE THE PURPOSE IS TO REVEAL ANY INFORMATION, INCLUDING BUT NOT LIMITED TO PERSONAL IDENTIFICATION OR INFORMATION, OTHER THAN YOUR OWN INFORMATION, AS PROVIDED FOR BY THE WEBSITE.
(C) NO INTERFERENCE.
YOU AGREE NOT TO USE ANY DEVICE, SOFTWARE OR ROUTINE TO INTERFERE OR ATTEMPT TO INTERFERE WITH THE PROPER WORKING OF THE WEBSITE OR ANY TRANSACTION BEING CONDUCTED ON THE WEBSITE, OR WITH ANY OTHER PERSON’S USE OF THE WEBSITE.
(D) NO UNLAWFUL USE.
YOU MAY NOT USE THE WEBSITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE USE TERMS, OR TO SOLICIT THE PERFORMANCE OF ANY ILLEGAL ACTIVITY OR OTHER ACTIVITY WHICH INFRINGES THE RIGHTS OF GARETT MARTYN OR OTHERS
C. TERMS AND CONDITIONS OF SALE FOR THE GARETTMARTYN.COM WEBSITE, SERVICES, AND PRODUCTS..
THE PURCHASE OR ATTEMPTED PURCHASE BY YOU OF ANY PRODUCTS OFFERED ON GARETTMARTYN.COM OR ANY GBEARENTERPRISES.COM WEBSITES IS SUBJECT TO THESE SALE TERMS. FOR EACH ORDER ON GARETTMARTYN.COM OR ANY GBEARENTERPRISES.COM WEBSITES, YOUR ACCEPTANCE OF THE SALE TERMS IN FORCE AT THE DATE OF THE ORDER WILL BE REQUIRED.
(1) REGISTRATION RULES.
YOUR PARTICIPATION IN THE TRAINING IS CONFIRMED ONLY AFTER THE REGISTRATION FEE IS PAID.
GARETT MARTYN RESERVES THE RIGHT TO REFUSE ADMISSION TO BEARKIDO PRACTICE, TRAINING, WORKSHOPS OR RETREATS. IF ADMISSION IS REFUSED FOR ANY REASON WITHIN THE DISCRETION OF GARETT MARTYN AFTER PAYMENT OF THE DEPOSIT / IN FULL, 100% OF THE PAYMENT RECEIVED BY GARETT MARTYN MINUS A 30% ADMINISTRATION FEE WILL BE REFUNDED TO THE PAYER. LATECOMERS MAY BE ADMITTED TO TRAINING AT THE DISCRETION OF GARETT MARTYN. GARETT MARTYN RECOMMENDS THAT ALL TRAINEES ATTENDING OUR BEARKIDO TRAINING PROGRAMS HAVE COMPREHENSIVE TRAVEL, AND MEDICAL INSURANCE FOR THE DURATION OF THEIR TRAINING. ONLINE REGISTRATION IS RECOMMENDED TO GUARANTEE YOUR TIME WITH GARETT MARTYN. SAME DAY APPOINMENTS ARE WELCOME, BUT A SPOT IS NOT GUARANTEED. GARETT MARTYN RESERVES THE RIGHT TO CLOSE REGISTRATION AT ANY TIME AND ARE FIRST-COME, FIRST-SERVED. CLASS CANCELLATIONS ARE ACCEPTED 2 HOURS PRIOR TO CLASS. IF YOU DON’T SHOW UP TO THE CLASS, YOU WILL RECEIVE A CLASS DEDUCTION FROM YOUR SINGLE, 5, 10 OR 20 CLASS PASS. IF YOU ARE ON A MEMBERSHIP, YOU WILL BE CHARGED A $20 LATE CANCELLATION FEE OR YOU MAY END UP WITH A NEGATIVE BALANCE* ON YOUR ACCOUNT AND YOUR ONLINE BOOKING PRIVILEGES WILL BE RESTRICTED. PLEASE NOTE GARETT MARTYN DOES NOT ACCEPT TELEPHONE REGISTRATIONS OR CANCELLATIONS.
(2) WAITLIST POLICY.
REGISTRATION IS RECOMMENDED TO ENSURE YOUR TIME WITH GARETT MARTYN. IN SOME CASES, FOR BUSY SEASONS, YOU MAY BE ADDED TO A WAITLIST IF THE CLASS IF FULL. BOOKINGS ARE FIRST-COME, FIRST-SERVED. IF IT’S OUTSIDE OF THE 2-HOUR CANCELLATION WINDOW AND YOU’RE NEXT ON THE WAITLIST, YOU’LL BE ADDED TO THE CLASS AUTOMATICALLY IF SOMEONE CANCELS. ONCE YOU’RE ADDED, OUR CANCELLATION POLICY APPLIES. PLEASE CHECK YOUR MEMBERS ACCOUNT AND MAKE SURE THAT YOU HAVE CHECKED OFF THE BOX ‘REMINDERS AND SCHEDULE CHANGES’ UNDER YOUR CONTACT INFORMATION TO ENSURE YOU GET THE NOTIFICATIONS.
(3) PURCHASE – GENERAL TERMS.
(A) NOT FOR RESALE.
ORDERS MAY ONLY BE PLACED ON THE GBEARENTERPRISES.COM WEBSITE FOR PERSONAL USE AND NOT FOR RESALE. ANY RESALE OR DISTRIBUTION OF GARETT MARTYN ART, PRODUCTS, OR SERVICES PURCHASED ON GBEARENTERPRISES.COM WEBSITE IS STRICTLY PROHIBITED.
(B) DELIVERY.
GARETT MARTYN ART, PRODUCTS, OR SERVICES ORDERED VIA THE GBEARENTERPRISES.COM WEBSITE MAY BE DELIVERED INTERNATIONALLY. HOWEVER, NOT ALL PRODUCTS MAY BE SHIPPED TO ALL LOCATIONS. IF YOU ATTEMPT TO PURCHASE A PRODUCT THAT CANNOT BE SHIPPED TO YOUR LOCATION CUSTOMER SERVICE WILL CONTACT YOU. PLEASE SEE THE SHIPPING AND DELIVERY SECTION FOR ADDITIONAL RESTRICTIONS.
(C) RIGHT TO CANCEL.
GARETT MARTYN RESERVES THE RIGHT TO CANCEL ANY ORDER OR SERVICE PLACED BY A CUSTOMER IN ITS SOLE DISCRETION AND WITHOUT LIABILITY, INCLUDING, WITHOUT LIMITATION, AN ORDER FROM A CUSTOMER WITH WHOM IT HAS A DISPUTE CONCERNING A PRIOR ORDER OR IF GARETT MARTYN HAS REASONABLE CAUSE TO SUSPECT THAT SUCH CUSTOMER HAS VIOLATED THESE SALE TERMS, IS ENGAGED IN ANY FRAUDULENT ACTIVITY, OR FOR ANY OTHER REASON.
(D) QUANTITY RESTRICTIONS.
TO ENSURE THE BEST QUALITY SERVICE AND PRODUCT AVAILABILITY, YOU MAY NOT ORDER ON THE GARETTMARTYN.COM WEBSITE MORE THAN 6 ITEMS OF THE SAME SKU NUMBER WITHIN A PERIOD OF THIRTY (30) CALENDAR DAYS. ADDITIONAL RESTRICTIONS MAY APPLY TO CERTAIN PRODUCTS OR CLASSES OF PRODUCTS. IF YOU ATTEMPT TO ORDER MORE PRODUCTS THAN ARE PERMITTED, CUSTOMER SERVICE OR GARETT MARTYN WILL CONTACT YOU.
(E) AVAILABILITY.
ALL OFFERS OF PRODUCTS AS THEY ARE DISPLAYED ON THE GBEARENTERPRISES.COM WEBSITE ARE SUBJECT TO AVAILABILITY. GARETT MARTYN RESERVES THE RIGHT TO CHANGE THE ITEMS PROPOSED ON THE GBEARENTERPRISES.COM WEBSITE AT ANY TIME AND WITHOUT NOTICE. WE ATTEMPT TO PROVIDE INFORMATION ABOUT THE AVAILABILITY OF PRODUCTS AT THE TIME OF THE ORDERING, BUT AT TIMES ERRORS MAY EXIST, INCLUDING WHEN SIMULTANEOUS ORDERS OF THE SAME PRODUCT ARE BEING PLACED BY SEVERAL CUSTOMERS. ANY COMPLIMENTARY PRODUCTS SUCH AS GIFT WITH PURCHASES ARE AVAILABLE WHILE SUPPLIES LAST. IF A PRODUCT IS NOT AVAILABLE WITHOUT A MATERIAL DELAY AFTER YOUR PLACE YOUR ORDER, YOU WILL BE INFORMED BY EMAIL OR BY PHONE, AND YOU WILL BE ALLOWED TO WAIT UNTIL THE PRODUCT IS AVAILABLE, OR TO CANCEL YOUR ORDER. IF YOU CHOOSE TO CANCEL YOUR ORDER, ANY AMOUNTS ALREADY CHARGED WILL BE REFUNDED. GARETT MARTYN SHALL NOT BE LIABLE IF PRODUCTS ARE NOT IN STOCK OR OTHERWISE NOT AVAILABLE.
(F) AGE.
YOU MUST BE 18 YEARS OR OLDER IN ORDER TO MAKE A PURCHASE ON THE GBEARENTERPRISES.COM WEBSITE, AND BY MAKING A PURCHASE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD. WE DO NOT SELL PRODUCTS OR SERVICES FOR PURCHASE BY CHILDREN, THE WEBSITE IS NOT DIRECTED AT, NOR DO WE KNOWINGLY COLLECT PERSONALLY IDENTIFIABLE INFORMATION FROM CHILDREN, INCLUDING THOSE UNDER THE AGE OF 13.
(G) ACCOUNT.
CERTAIN FEATURES OR SERVICES OFFERED ON OR THROUGH THE WEBITE MAY REQUIRE YOU TO OPEN AN ACCOUNT. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF THE INFORMATION FOR YOUR ACCOUNT, INCLUDING YOUR PASSWORD, AND FOR ANY AND ALL ACTIVITY THAT OCCURS UNDER YOUR ACCOUNT AS A RESULT OF YOUR FAILING TO KEEP THIS INFORMATION SECURE AND CONFIDENTIAL. YOU AGREE TO NOTIFY GARETT MARTYN IMMEDIATELY OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR PASSWORD, OR ANY OTHER BREACH OF SECURITY. YOU MAY BE HELD LIABLE FOR LOSSES INCURRED BY GARETT MARTYN OR ANY OTHER USER OF OR VISITOR TO THE WEBSITE DUE TO SOMEONE ELSE USING YOUR ACCOUNT AS A RESULT OF YOUR FAILING TO KEEP YOUR ACCOUNT INFORMATION SECURE AND CONFIDENTIAL. ACCESS TO YOUR ACCOUNT MAY BE TERMINATED OR SUSPENDED IN OUR SOLE DISCRETION. SEE THE TERMINATION OF ACCESS SECTION FOR MORE INFORMATION.
(4) PURCHASE – CONFIRMATION
(A) PRE-ORDER SUMMARY.
FOR EACH PRODUCT SELECTED ON THE GBEARENTERPRISES.COM WEBSITE, A SUMMARY PAGE WILL BE DISPLAYED AND MAY FEATURE A PHOTOGRAPH OF THE ITEM, ITS COLORING AND REFERENCES, THE UNIT PRICE, THE QUANTITY ORDERED, AND THE TOTAL AMOUNT OWED FOR YOUR ORDER. BEFORE PLACING YOUR ORDER BY CLICKING ON THE “PURCHASE” BUTTON, PLEASE CONFIRM THAT THIS INFORMATION ACCURATELY REFLECTS YOUR SELECTION. ONCE YOU HAVE CONFIRMED YOUR ORDER IT WILL BE SUBMITTED FOR PROCESSING.
(B) VISUAL ACCURACY.
WHILE WE TAKE STEPS TO TRY TO ENSURE THAT THE COLORING, DESIGN, AND STYLE OF THE GARETTMARTYN PRODUCTS IN THE PHOTOGRAPHS OR OTHER REPRESENTATIONS DISPLAYED ON THE GBEARENTERPRISES.COM WEBSITE ARE REPRESENTATIVE OF THE ORIGINAL PRODUCTS, VARIATIONS MAY OCCUR DUE TO TECHNICAL RESTRICTIONS OF COLOR REPRODUCTION ON YOUR COMPUTER EQUIPMENT AND/OR MINOR UPDATES DURING PRODUCTION. ACCORDINGLY, GARETT MARTYN SHALL NOT BE LIABLE FOR ANY ERROR OR INACCURACY IN THE PHOTOGRAPHS OR OTHER REPRESENTATIONS OF GARETT MARTYN PRODUCTS DISPLAYED ON THE GARETTMARTYN.COM WEBSITE. IF YOU HAVE ANY QUESTIONS ABOUT THE PRODUCTS, PLEASE CONTACT CUSTOMER SERVICE.
PLEASE BE AWARE THAT GARETT MARTYN PRODUCT AND SERVICE LISTS MAY CHANGE OR VARY FROM TIME TO TIME. PLEASE REFER TO THE LIST ON THE HOME PAGE OR PRODUCT PACKAGE YOU RECEIVE FOR THE MOST UP TO DATE LIST OF MATERIALS, DATA, OR INGREDIENTS.
(C) SUBMITTED ORDERS.
ONCE YOUR ORDER IS SUBMITTED FOR PROCESSING IT MAY NOT BE AMENDED OR CANCELLED EXCEPT PURSUANT TO THE CONDITIONS PROVIDED FOR HEREIN OR PURSUANT TO APPLICABLE LAW. PLACING AN ORDER CONFIRMS YOUR ACCEPTANCE OF THE SALE TERMS. ONCE AN ORDER IS PLACED YOU WILL RECEIVE AN ORDER SUMMARY VIA EMAIL.
(D) RECORDS.
THE DATA COLLECTED BY THE GBEARENTERPRISES.COM WEBSITE ESTABLISHES THE TERMS OF THE TRANSACTIONS BETWEEN GARETT MARTYN AND ITS CUSTOMERS. IN THE EVENT OF A DISPUTE BETWEEN GARETT MARTYN AND ITS CUSTOMERS RELATING TO A TRANSACTION ENTERED INTO USING THE GARETTMARTYN.COM WEBSITE, AND SUBJECT TO GARETT MARTYN’S RIGHT TO CANCEL OR NOT ACCEPT AN ORDER, THE DATA COLLECTED BY GARETT MARTYN ARE THE TERMS OF THE TRANSACTION.
(5) SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
GARETT MARTYN, G-BEAR ENTERPRISES INC, HOLISTIWORLD INC, MARTYN MARTIAL ARTS, AND BEARKIDO MARTIAL ARTS (HEREINAFTER, “WE,” “US,” “OUR”) IS OFFERING A MOBILE MESSAGING PROGRAM (THE “PROGRAM”), WHICH YOU AGREE TO USE AND PARTICIPATE IN SUBJECT TO THESE MOBILE MESSAGING TERMS AND CONDITIONS AND PRIVACY POLICY (THE “AGREEMENT”). BY OPTING IN TO OR PARTICIPATING IN ANY OF OUR PROGRAMS, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS, INCLUDING, WITHOUT LIMITATION, YOUR AGREEMENT TO RESOLVE ANY DISPUTES WITH US THROUGH BINDING, INDIVIDUAL-ONLY ARBITRATION, AS DETAILED IN THE “DISPUTE RESOLUTION” SECTION BELOW. THIS AGREEMENT IS LIMITED TO THE PROGRAM AND IS NOT INTENDED TO MODIFY OTHER TERMS AND CONDITIONS OR PRIVACY POLICY THAT MAY GOVERN THE RELATIONSHIP BETWEEN YOU AND US IN OTHER CONTEXTS.
(A) USER OPT IN:
THE PROGRAM ALLOWS USERS TO RECEIVE SMS/MMS MOBILE MESSAGES BY AFFIRMATIVELY OPTING INTO THE PROGRAM, SUCH AS THROUGH ONLINE OR APPLICATION-BASED ENROLLMENT FORMS. REGARDLESS OF THE OPT-IN METHOD YOU UTILIZED TO JOIN THE PROGRAM, YOU AGREE THAT THIS AGREEMENT APPLIES TO YOUR PARTICIPATION IN THE PROGRAM. BY PARTICIPATING IN THE PROGRAM, YOU AGREE TO RECEIVE AUTODIALED OR PRERECORDED MARKETING MOBILE MESSAGES AT THE PHONE NUMBER ASSOCIATED WITH YOUR OPT-IN, AND YOU UNDERSTAND THAT CONSENT IS NOT REQUIRED TO MAKE ANY PURCHASE FROM US. WHILE YOU CONSENT TO RECEIVE MESSAGES SENT USING AN AUTODIALER, THE FOREGOING SHALL NOT BE INTERPRETED TO SUGGEST OR IMPLY THAT ANY OR ALL OF OUR MOBILE MESSAGES ARE SENT USING AN AUTOMATIC TELEPHONE DIALING SYSTEM (“ATDS” OR “AUTODIALER”). MESSAGE AND DATA RATES MAY APPLY. MESSAGE FREQUENCY VARIES.
(B) USER OPT OUT:
IF YOU DO NOT WISH TO CONTINUE PARTICIPATING IN THE PROGRAM OR NO LONGER AGREE TO THIS AGREEMENT, YOU AGREE TO REPLY STOP, END, CANCEL, UNSUBSCRIBE, OR QUIT TO ANY MOBILE MESSAGE FROM US IN ORDER TO OPT OUT OF THE PROGRAM. YOU MAY RECEIVE AN ADDITIONAL MOBILE MESSAGE CONFIRMING YOUR DECISION TO OPT OUT. YOU UNDERSTAND AND AGREE THAT THE FOREGOING OPTIONS ARE THE ONLY REASONABLE METHODS OF OPTING OUT. YOU ACKNOWLEDGE THAT OUR TEXT MESSAGE PLATFORM MAY NOT RECOGNIZE AND RESPOND TO UNSUBSCRIBE REQUESTS THAT ALTER, CHANGE, OR MODIFY THE STOP, END, CANCEL, UNSUBSCRIBE OR QUIT KEYWORD COMMANDS, SUCH AS THE USE OF DIFFERENT SPELLINGS OR THE ADDITION OF OTHER WORDS OR PHRASES TO THE COMMAND, AND AGREE THAT GARETT MARTYN, G-BEAR ENTERPRISES INC, HOLISTIWORLD INC, AND BEARKIDO MARTIAL ARTS, AND ITS SERVICE PROVIDERS WILL HAVE NO LIABILITY FOR FAILING TO HONOR SUCH REQUESTS. YOU ALSO UNDERSTAND AND AGREE THAT ANY OTHER METHOD OF OPTING OUT, INCLUDING, BUT NOT LIMITED TO, TEXTING WORDS OTHER THAN THOSE SET FORTH ABOVE OR VERBALLY REQUESTING ONE OF OUR EMPLOYEES TO REMOVE YOU FROM OUR LIST, IS NOT A REASONABLE MEANS OF OPTING OUT.
(C) PROGRAM DESCRIPTION:
WITHOUT LIMITING THE SCOPE OF THE PROGRAM, USERS THAT OPT INTO THE PROGRAM CAN EXPECT TO RECEIVE MESSAGES CONCERNING THE MARKETING, PROMOTION, PAYMENT, DELIVERY AND SALE OF ARTIST MERCHANDISE INCLUDING BUT NOT LIMITED TO APPAREL, ACCESSORIES AND PHYSICAL/DIGITAL MEDIA. MESSAGES MAY INCLUDE CHECKOUT REMINDERS.
(D) COST AND FREQUENCY:
MESSAGE AND DATA RATES MAY APPLY. YOU AGREE TO RECEIVE MESSAGES PERIODICALLY AT OUR DISCRETION. DAILY, WEEKLY, AND MONTHLY MESSAGE FREQUENCY WILL VARY. THE PROGRAM INVOLVES RECURRING MOBILE MESSAGES, AND ADDITIONAL MOBILE MESSAGES MAY BE SENT PERIODICALLY BASED ON YOUR INTERACTION WITH US.
(E) SUPPORT INSTRUCTIONS:
FOR SUPPORT REGARDING THE PROGRAM, TEXT “HELP” TO THE NUMBER YOU RECEIVED MESSAGES FROM OR EMAIL US AT SUPPORT@GBEARENTERPRISES.COM. PLEASE NOTE THAT THE USE OF THIS EMAIL ADDRESS IS NOT AN ACCEPTABLE METHOD OF OPTING OUT OF THE PROGRAM. OPT OUTS MUST BE SUBMITTED IN ACCORDANCE WITH THE PROCEDURES SET FORTH ABOVE.
(F) MMS DISCLOSURE:
THE PROGRAM WILL SEND SMS TMS (TERMINATING MESSAGES) IF YOUR MOBILE DEVICE DOES NOT SUPPORT MMS MESSAGING.
(G) OUR DISCLAIMER OF WARRANTY:
THE PROGRAM IS OFFERED ON AN “AS-IS” BASIS AND MAY NOT BE AVAILABLE IN ALL AREAS AT ALL TIMES AND MAY NOT CONTINUE TO WORK IN THE EVENT OF PRODUCT, SOFTWARE, COVERAGE OR OTHER CHANGES MADE BY YOUR WIRELESS CARRIER. WE WILL NOT BE LIABLE FOR ANY DELAYS OR FAILURES IN THE RECEIPT OF ANY MOBILE MESSAGES CONNECTED WITH THIS PROGRAM. DELIVERY OF MOBILE MESSAGES IS SUBJECT TO EFFECTIVE TRANSMISSION FROM YOUR WIRELESS SERVICE PROVIDER/NETWORK OPERATOR AND IS OUTSIDE OF OUR CONTROL. CARRIERS ARE NOT LIABLE FOR DELAYED OR UNDELIVERED MOBILE MESSAGES.
(H) PARTICIPANT REQUIREMENTS:
YOU MUST HAVE A WIRELESS DEVICE OF YOUR OWN, CAPABLE OF TWO-WAY MESSAGING, BE USING A PARTICIPATING WIRELESS CARRIER, AND BE A WIRELESS SERVICE SUBSCRIBER WITH TEXT MESSAGING SERVICE. NOT ALL CELLULAR PHONE PROVIDERS CARRY THE NECESSARY SERVICE TO PARTICIPATE. CHECK YOUR PHONE CAPABILITIES FOR SPECIFIC TEXT MESSAGING INSTRUCTIONS.
(I) AGE RESTRICTION:
YOU MAY NOT USE OR ENGAGE WITH THE PLATFORM IF YOU ARE UNDER THIRTEEN (13) YEARS OF AGE. IF YOU USE OR ENGAGE WITH THE PLATFORM AND ARE BETWEEN THE AGES OF THIRTEEN (13) AND EIGHTEEN (18) YEARS OF AGE, YOU MUST HAVE YOUR PARENT’S OR LEGAL GUARDIAN’S PERMISSION TO DO SO. BY USING OR ENGAGING WITH THE PLATFORM, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE NOT UNDER THE AGE OF THIRTEEN (13) YEARS, ARE BETWEEN THE AGES OF THIRTEEN (13) AND EIGHTEEN (18) AND HAVE YOUR PARENT’S OR LEGAL GUARDIAN’S PERMISSION TO USE OR ENGAGE WITH THE PLATFORM, OR ARE OF ADULT AGE IN YOUR JURISDICTION. BY USING OR ENGAGING WITH THE PLATFORM, YOU ALSO ACKNOWLEDGE AND AGREE THAT YOU ARE PERMITTED BY YOUR JURISDICTION’S APPLICABLE LAW TO USE AND/OR ENGAGE WITH THE PLATFORM.
(J) PROHIBITED CONTENT:
YOU ACKNOWLEDGE AND AGREE TO NOT SEND ANY PROHIBITED CONTENT OVER THE PLATFORM. PROHIBITED CONTENT INCLUDES:
ANY FRAUDULENT, LIBELOUS, DEFAMATORY, SCANDALOUS, THREATENING, HARASSING, OR STALKING ACTIVITY;
OBJECTIONABLE CONTENT, INCLUDING PROFANITY, OBSCENITY, LASCIVIOUSNESS, VIOLENCE, BIGOTRY, HATRED, AND DISCRIMINATION ON THE BASIS OF RACE, SEX, RELIGION, NATIONALITY, DISABILITY, SEXUAL ORIENTATION, OR AGE;
PIRATED COMPUTER PROGRAMS, VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL CODE;
ANY PRODUCT, SERVICE, OR PROMOTION THAT IS UNLAWFUL WHERE SUCH PRODUCT, SERVICE, OR PROMOTION THEREOF IS RECEIVED;
ANY CONTENT THAT IMPLICATES AND/OR REFERENCES PERSONAL HEALTH INFORMATION THAT IS PROTECTED BY THE CANADIAN HEALTH ACT (“CHA”) OR THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (“HIPAA”) OR THE HEALTH INFORMATION TECHNOLOGY FOR ECONOMIC AND CLINICAL HEALTH ACT (“HITEC” ACT); AND ANY OTHER CONTENT THAT IS PROHIBITED BY APPLICABLE LAW IN THE JURISDICTION FROM WHICH THE MESSAGE IS SENT.
(K) DISPUTE RESOLUTION:
ANY CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THE USE OF THE SITE OR THE SERVICES, TO ANY GOODS OR SERVICES PROVIDED BY G-BEAR ENTERPRISES INC., OR TO ANY ACTS OR OMISSIONS FOR WHICH YOU MAY CONTEND GARETT MARTYN IS LIABLE, INCLUDING BUT NOT LIMITED TO ANY CLAIM OR CONTROVERSY AS TO ARBITRABILITY (“DISPUTE”), SHALL BE FINALLY, AND EXCLUSIVELY, SETTLED BY ARBITRATION. TO BEGIN THE ARBITRATION PROCESS, A PARTY MUST MAKE A WRITTEN DEMAND THEREFOR.
THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND G-BEAR ENTERPRISES INC. WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY.
(L) ALBERTA LAW: WE ENDEAVOR TO COMPLY WITH THE UNSOLICITED TELECOMMUNICATIONS RULES (UTR) AND THE NATIONAL DO NOT CALL LIST (DNCL) AS APPLICABLE TO ALBERTA RESIDENTS. FOR PURPOSES OF COMPLIANCE, YOU AGREE THAT WE MAY ASSUME THAT YOU ARE A ALBERTA RESIDENT IF, AT THE TIME OF OPT-IN TO PROGRAM, (1) YOUR SHIPPING ADDRESS, AS PROVIDED IS LOCATED IN ALBERTA OR (2) THE AREA CODE FOR THE PHONE NUMBER USED TO OPT-INTO THE PROGRAM IS A ALBERTA AREA CODE. YOU AGREE THAT THE REQUIREMENTS OF THE ALBERTA TELEMARKETING ACT AND THE ALBERTA DO NOT CALL ACT DO NOT APPLY TO YOU, AND YOU SHALL NOT ASSERT THAT YOU ARE A ALBERTA RESIDENT, IF YOU DO NOT MEET EITHER OF THESE CRITERIA OR, IN THE ALTERNATIVE, DO NOT AFFIRMATIVELY ADVISE US IN WRITING THAT YOU ARE A ALBERTA RESIDENT BY SENDING WRITTEN NOTICE TO US. INSOFAR AS YOU ARE A ALBERTA RESIDENT, YOU AGREE THAT MOBILE MESSAGES SENT BY US IN DIRECT RESPONSE TO MOBILE MESSAGES OR REQUESTS FROM YOU (INCLUDING BUT ARE NOT LIMITED TO RESPONSE TO KEYWORDS, OPT-IN, HELP OR STOP REQUESTS AND SHIPPING NOTIFICATIONS) SHALL NOT CONSTITUTE A “TELEPHONIC SALES CALL” OR “COMMERCIAL TELEPHONE SOLICITATION PHONE CALL” FOR PURPOSES OF ALBERTA STATUTES WHICH CAN BE SIMILAR TO FLORIDA STATUTES SECTION 501 (INCLUDING BUT NOT LIMITED TO SECTIONS 501.059 AND 501.616), TO THE EXTENT THE LAW IS OTHERWISE RELEVANT AND APPLICABLE.
(6) PURCHASE – PRICING AND PAYMENT
(A) LISTED PRICE. THE PRICING FOR ALL GARETT MARTYN PRODUCTS AND SERVICES ON THE GBEARENTERPRISES.COM WEBSITE ARE IN CANADIAN DOLLARS AND EXCLUDE TAXES AND SHIPPING COSTS (SEE “SHIPPING AND DELIVERY”). GARETT MARTYN RESERVES THE RIGHT TO MODIFY THE PRICES OF PRODUCTS AND SERVICES OFFERED ON THE GBEARENTERPRISES.COM WEBSITE AT ANY TIME WITHOUT PRIOR NOTICE. YOU WILL BE CHARGED THE PRICES DISPLAYED ON THE GBEARENTERPRISES.COM WEBSITE AT THE TIME YOUR ORDER WAS CONFIRMED PROVIDED THE GOODS ORDERED WERE AVAILABLE AT THIS TIME, HOWEVER, GARETT MARTYN RESERVES THE RIGHT NOT TO ACCEPT OR TO CANCEL YOUR ORDER IN OUR SOLE DISCRETION FOR ANY REASON WITHOUT LIABILITY, INCLUDING IF THE ART, PRODUCTS OR SERVICES ARE NOT AVAILABLE, ARE INCORRECTLY PRICED OR ARE OTHERWISE INCORRECTLY DESCRIBED.
(B) PAYMENT METHODS. YOU ARE REQUIRED TO PAY FOR ANY ORDER PLACED ON THE GARETTMARTYN.COM WEBSITE IMMEDIATELY UPON CONFIRMATION OF YOUR ORDER. YOUR ORDER WILL ONLY BE PROCESSED FOR SHIPMENT ONCE WE HAVE VERIFIED YOUR PAYMENT METHOD AND RECEIVED AUTHORIZATION TO PROCESS YOUR PAYMENT. WE ONLY ACCEPT PAYMENT BY CHARGE CARD OR CREDIT CARD. ALL ORDERS ARE PAYABLE IN CANADIAN DOLLARS. WE ACCEPT THE FOLLOWING CHARGE CARDS AND CREDIT CARDS: MASTERCARD AND VISA,. YOUR CHARGE CARD OR CREDIT CARD WILL ONLY BE DEBITED WHEN YOUR ORDER IS SHIPPED. IF ANY OF THE PRODUCTS IN YOUR ORDER ARE UNAVAILABLE, WE WILL ONLY CHARGE YOU THE PRICES, TAXES, AND SHIPPING COSTS FOR THE GOODS AVAILABLE.
(C) TITLE. ALL PRODUCTS ORDERED THROUGH ANY GBEARENTERPRISES.COM WEBSITE TO REMAIN THE PROPERTY OF GARETT MARTYN UNTIL FULL PAYMENT IS TENDERED TO GARETT MARTYN. IN THE EVENT OF A PAYMENT DISPUTE, YOU ARE REQUIRED TO RETURN THE PRODUCTS THAT ARE THE SUBJECT OF DISPUTE TO GARETT MARTYN IMMEDIATELY UPON REQUEST, AND TO ASSUME THE RISKS (IN PARTICULAR THE RISKS OF LOSS, THEFT, AND DAMAGE) RELATING TO SUCH PRODUCTS.
(7) SHIPPING AND DELIVERY
(A) SHIPPING.
ORDERS ARE USUALLY SHIPPED WITHIN 2 BUSINESS DAYS OF BEING PLACED, BUT SOMETIMES LONGER IF THERE IS AN ISSUE OR A HIGH VOLUME OF SALES. FEEL FREE TO CONTACT US AT SUPPORT@GBEARENTERPRISES.COM TO CHECK ON THE STATUS OF YOUR ORDER. WE SHIP ALL ORDERS IN THE SAME ORDER THEY ENTERED OUR SYSTEM. YOU’LL GET AN EMAIL FROM US WITH YOUR TRACKING NUMBER AS SOON AS IT SHIPS. IF YOU ORDERED A PRE-ORDER, PRE-ORDER BUNDLE OR ANY ADDITIONAL ITEM WITH A PRE ORDER, YOUR ENTIRE ORDER WILL BE SHIPPED TO ARRIVE AS CLOSE TO THE STREET RELEASE DATE LISTED IN THE PRODUCT DESCRIPTION. WE CANNOT GUARANTEE THE ARRIVAL DATE OF YOUR PRE-ORDER ITEM, BUT ALWAYS AIM TO HAVE IT ARRIVE AS CLOSE TO THE STREET RELEASE DATE AS POSSIBLE.
INTERNATIONAL CUSTOMS:
PLEASE NOTE: INTERNATIONAL ORDERS MAY BE SUBJECT TO DUTIES AND CUSTOMS FEES AT POINT OF DELIVERY.
ALTHOUGH CHARGES ARE NOT ALWAYS INCURRED, ASSESSMENT OF DUTIES AND TAXES ARE BASED ON THE VALUE OF THE ORDER AND THE TAX-FREE THRESHOLD, IF IT EXISTS, FOR GOODS IMPORTED INTO THE DESTINATION COUNTRY. BECAUSE THE RULES AND STANDARDS VARY SO MUCH FROM COUNTRY-TO-COUNTRY, IT IS BEST TO CONTACT LOCAL CUSTOMS OFFICE IF YOU HAVE ANY FURTHER QUESTIONS SPECIFIC TO CUSTOM FEES.
(B) RESTRICTIONS. PRODUCTS PURCHASED THROUGH THE GBEARENTERPRISES.COM WEBSITE MAY BE DELIVERED OUTSIDE CANADA. GARETT MARTYN WILL NOT PROCESS ANY ORDER FOR WHICH A POST OFFICE BOX OR APO/FPO ADDRESS, OR A HOTEL OR MOTEL ADDRESS, IS PROVIDED. ANY SUCH DELIVERY ADDRESS WILL BE REFUSED DURING THE ORDERING PROCEDURE. GOODS WILL BE SHIPPED TO THE ACCEPTED DELIVERY ADDRESS SPECIFIED DURING THE ORDERING PROCEDURE. NOT ALL PRODUCTS OR SERVICES CAN BE USED IN ALL LOCATIONS OR SHIPPED TO ALL LOCATIONS. IF PROVINCIAL, STATE OR OTHER REGULATIONS PROHIBIT SHIPPING OF PRODUCTS TO THE ADDRESS YOU SPECIFY CUSTOMER SERVICE OR GARETT MARTYN WILL CONTACT YOU.
(C) SIGNATURE REQUIRED. A SIGNATURE OF AN ADULT AGED 18 YEARS OR OLDER MAY BE REQUIRED FOR DELIVERY. CUSTOMER ASSUMES ALL RESPONSIBILITY ONCE A SIGNATURE IS OBTAINED AT THE DELIVERY ADDRESS.
(D) SHIPPING AND SERVICE COSTS. YOU WILL BE ASKED TO SELECT THE SHIPMENT METHOD YOU WOULD PREFER AS PART OF THE ORDER PROCEDURE. DELIVERY COSTS DEPEND ON THE DELIVERY SERVICE YOU SELECT. WE WILL INFORM YOU OF THE SHIPPING COSTS FOR THE SHIPMENT METHOD YOU SELECT IN THE ORDER SUMMARY DISPLAYED ON THE GBEARENTERPRISES.COM WEBSITE BEFORE YOU CONFIRM YOUR ORDER. THIS AMOUNT WILL BE PAYABLE BY YOU IN ADDITION TO THE PRICE, INCLUDING TAXES, OF THE GOODS ORDERED. GARETT MARTYN RESERVES THE RIGHT TO DIVIDE YOUR ORDER INTO PARTIAL SHIPMENTS OR PARTIAL SERVICE PAYMENTS. IN THIS CASE, YOUR METHOD OF PAYMENT WILL BE DEBITED FOR THE SERVICES ORDERED, FOR THE GOODS SHIPPED, AND FOR A SINGLE SHIPMENT.
CURRENT SHIPPING COSTS:
- CANADA: FREE
- INTERNATIONAL: FREE
(E) DELIVERY TIMING. DURING THE ORDERING PROCEDURE, WE WILL INFORM YOU OF THE TIME REQUIRED FOR DELIVERY AND THE VARIOUS FORMS OF DELIVERY AVAILABLE FOR THE GOODS PURCHASED. IN SOME CASES, SUCH AS DELIVERY TO ALASKA AND HAWAII, CERTAIN DELIVERY OPTIONS MAY NOT BE AVAILABLE OR MAY TAKE LONGER. SOME PRODUCTS MAY BE SUBJECT TO DELIVERY DELAYS. IF YOUR ORDER, OR A PART OF YOUR ORDER, IS NOT ABLE TO SHIP WITHOUT MATERIAL DELAY, CUSTOMER SERVICE OR GARETT MARTYN WILL CONTACT YOU TO PROVIDE MORE DETAIL AND AN ESTIMATED SHIPPING DATE.
CURRENT EXPECTED DELIVERY TIMING:
LESS THAN 30 DAYS.
(F) TAXES. WE CHARGE AND COLLECT FEDERAL, PROVINCIAL, STATE, LOCAL, AND COUNTY TAXES FOR ONLINE TRANSACTIONS BASED ON SHIPPING ADDRESS AND AS REQUIRED BY APPLICABLE LAWS AND REGULATIONS. AN ESTIMATE OF THESE TAXES WILL BE PROVIDED DURING THE ORDERING PROCESS AND THE ACTUAL SALES TAX (IF ANY) WILL BE CALCULATED WHEN YOUR ORDER IS SHIPPED AND MAY VARY FROM THE ESTIMATED TAX. APPLICABLE TAXES WILL BE APPLIED TO ORDERS SHIPPED TO NEW YORK, NEW JERSEY, CALIFORNIA, TEXAS, ILLINOIS, NEVADA, AND ANY OTHER LOCATION WHERE WE ARE REQUIRED TO COLLECT TAXES. IF WE ARE NOT REQUIRED TO COLLECT TAXES, IT IS YOUR RESPONSIBILITY TO DETERMINE AND PAY ANY USE TAXES OR SIMILAR TAXES.
(G) DELIVERY PROBLEMS. ANY DELIVERY FAILURE OR LATE DELIVERY THAT EXCEEDS THIRTY-THREE (33) BUSINESS DAYS SHOULD BE REPORTED TO OUR CUSTOMER SERVICE OR GARETT MARTYN AS SOON AS POSSIBLE. IN ORDER FOR YOUR CLAIM OF DELIVERY FAILURE OR LATE DELIVERY TO BE ACCEPTED, YOU MUST NOTIFY US WITHIN THIRTY-THREE (33) CALENDAR DAYS FROM THE DATE OF CONFIRMATION OF YOUR ORDER.
YOU MUST CHECK THAT YOUR SHIPMENT IS CORRECT ON DELIVERY. IF THERE ARE ANY DISCREPANCIES IN YOUR ORDER, FOR EXAMPLE DAMAGED OR MISSING GOODS, WHEN YOU RECEIVE YOUR ORDER, YOU SHOULD NOTE THE NATURE OF THE PROBLEM BY HAND, IF POSSIBLE, ON THE DELIVERY NOTICE, AND SIGN. YOU MUST CONTACT US AS SOON AS POSSIBLE BUT NO LATER THAN THIRTY-THREE (33) DAYS AFTER RECEIVING THE DELIVERY. PLEASE KEEP ALL PACKAGING INCLUDING SHIPPING BOX FOR PHOTOS AND PROOF FOR CLAIM.
(8) RETURNS AND EXCHANGES
(A) RETURNS
OUR POLICY LASTS 30 DAYS. IF 30 DAYS HAVE GONE BY SINCE YOUR PURCHASE, UNFORTUNATELY WE CAN’T OFFER YOU A REFUND OR EXCHANGE. TO BE ELIGIBLE FOR A RETURN, YOUR ITEM MUST BE UNUSED AND IN THE SAME CONDITION THAT YOU RECEIVED IT. IT MUST ALSO BE IN THE ORIGINAL PACKAGING.
SPECIFIC TYPES OF GOODS ARE EXEMPT FROM BEING RETURNED. PERISHABLE GOODS SUCH AS FOOD, FLOWERS, NEWSPAPERS OR MAGAZINES CANNOT BE RETURNED. WE ALSO DO NOT ACCEPT PRODUCTS THAT ARE INTIMATE OR SANITARY GOODS, HAZARDOUS MATERIALS, OR FLAMMABLE LIQUIDS OR GASES.
ADDITIONAL NON-RETURNABLE ITEMS:
GIFT CARDS
DOWNLOADABLE SOFTWARE PRODUCTS
SOME HEALTH AND PERSONAL CARE ITEMS
TO COMPLETE YOUR RETURN, WE REQUIRE A RECEIPT OR PROOF OF PURCHASE. PLEASE DO NOT SEND YOUR PURCHASE BACK TO THE MANUFACTURER. THERE ARE CERTAIN SITUATIONS WHERE ONLY PARTIAL REFUNDS ARE GRANTED (IF APPLICABLE):
BOOK WITH OBVIOUS SIGNS OF USE. CD, DVD, VHS TAPE, SOFTWARE, VIDEO GAME, CASSETTE TAPE, OR VINYL RECORD THAT HAS BEEN OPENED. ANY ITEM NOT IN ITS ORIGINAL CONDITION, IS DAMAGED OR MISSING PARTS FOR REASONS NOT DUE TO OUR ERROR. ANY ITEM THAT IS RETURNED MORE THAN 30 DAYS AFTER DELIVERY
(B) REFUNDS (IF APPLICABLE):
(1) SERVICES:
SINGLE CLASSES EXPIRE 6 MONTHS AFTER PURCHASE AND CLASS PASSES EXPIRE 24 MONTHS AFTER PURCHASE. THEY ARE NON-REFUNDABLE, NON-TRANSFERABLE AND CAN ONLY BE USED BY ONE PERSON.
MARTYN MARTIAL ARTS PROGRAMS AND MEMBERSHIP CONTRACTS ARE A MINIMUM 1 MONTH COMMITMENT. THE FEE TO GET OUT OF THE CONTRACT EARLY IS $300+GST.
GARETT MARTYN REQUIRES 30 DAYS WRITTEN NOTICE IN ORDER TO CANCEL PROGRAMS OR MEMBERSHIPS.
UNLIMITED MEMBERSHIPS ARE NON-REFUNDABLE, CANNOT BE PUT ON HOLD AT ANY TIME FOR ANY REASON AND ARE NOT TRANSFERRABLE BETWEEN PEOPLE.
WORKSHOPS, REGISTERED PROGRAMS & TRAININGS ARE NON-REFUNDABLE AND CREDITS WILL NOT BE ISSUED FOR MISSED CLASSES. A MINIMUM NUMBER OF REGISTRANTS IS REQUIRED TO RUN THESE PROGRAMS. IF PROGRAM IS CANCELLED DUE LACK OF REGISTRATIONS, A FULL REFUND WILL BE PROVIDED. SERVICES BOOKED BY TELEPHONE OR IN PERSON MUST BE SECURED BY A VALID CREDIT CARD AND MUST BE CANCELLED BY EMAILING SUPPORT@GBEARENTERPRISES.COM A MINIMUM OF 24 HOURS IN ADVANCE OR YOU WILL BE CHARGED A $50 LATE CANCEL FEE. NO SHOWS WILL BE CHARGED THE FULL AMOUNT OF YOUR TREATMENT. IF YOU BOOK ONLINE AND CANCEL, YOUR ACCOUNT WILL BE CREDITED FOR A FUTURE VISIT (THE $50 LATE CANCEL FEE STILL APPLIES FOR CANCELLATIONS LESS THAN 24 HOURS IN ADVANCE). WE DO NOT ISSUE REFUNDS.
(2) PRODUCTS:
ONCE YOUR RETURN IS RECEIVED AND INSPECTED, WE WILL SEND YOU AN EMAIL TO NOTIFY YOU THAT WE HAVE RECEIVED YOUR RETURNED ITEM. WE WILL ALSO NOTIFY YOU OF THE APPROVAL OR REJECTION OF YOUR REFUND. IF YOU ARE APPROVED, THEN YOUR REFUND WILL BE PROCESSED, AND A CREDIT WILL AUTOMATICALLY BE APPLIED TO YOUR CREDIT CARD OR ORIGINAL METHOD OF PAYMENT, WITHIN A CERTAIN AMOUNT OF DAYS.
(3) LATE OR MISSING REFUNDS (IF APPLICABLE):
IF YOU HAVEN’T RECEIVED A REFUND YET, FIRST CHECK YOUR BANK ACCOUNT AGAIN. THEN CONTACT YOUR CREDIT CARD COMPANY, IT MAY TAKE SOME TIME BEFORE YOUR REFUND IS OFFICIALLY POSTED. NEXT CONTACT YOUR BANK. THERE IS OFTEN SOME PROCESSING TIME BEFORE A REFUND IS POSTED. IF YOU’VE DONE ALL OF THIS AND YOU STILL HAVE NOT RECEIVED YOUR REFUND YET, PLEASE CONTACT US AT [SUPPORT@GBEARENTERPRISES.COM].
(4) SALE ITEMS (IF APPLICABLE):
ONLY REGULAR PRICED ITEMS MAY BE REFUNDED, UNFORTUNATELY SALE ITEMS CANNOT BE REFUNDED.
(5) EXCHANGES (IF APPLICABLE):
UNFORTUNATELY, WE DO NOT ACCEPT EXCHANGES. IF YOU WOULD PREFER ANOTHER ITEM, JUST RETURN THE UNWANTED MERCH FOR A REFUND AND PLACE A NEW ORDER ONLINE VIA OUR WEBSITE. WE ONLY REPLACE ITEMS IF THEY ARE DEFECTIVE OR DAMAGED. IF YOU NEED TO EXCHANGE IT FOR THE SAME ITEM, SEND US AN EMAIL AT SUPPORT@GBEARENTERPRISES.COM AND SEND YOUR ITEM TO:
PRINTFUL
ATTN: RETURNS
(6) GIFTS:
IF THE ITEM WAS MARKED AS A GIFT WHEN PURCHASED AND SHIPPED DIRECTLY TO YOU, YOU’LL RECEIVE A GIFT CREDIT FOR THE VALUE OF YOUR RETURN. ONCE THE RETURNED ITEM IS RECEIVED, A GIFT CERTIFICATE WILL BE MAILED TO YOU. IF THE ITEM WASN’T MARKED AS A GIFT WHEN PURCHASED, OR THE GIFT GIVER HAD THE ORDER SHIPPED TO THEMSELVES TO GIVE TO YOU LATER, WE WILL SEND A REFUND TO THE GIFT GIVER AND HE WILL FIND OUT ABOUT YOUR RETURN.
(7) SHIPPING:
TO RETURN YOUR PRODUCT, YOU SHOULD MAIL YOUR PRODUCT TO:
PRINTFUL
ATTN: RETURNS
YOU WILL BE RESPONSIBLE FOR PAYING FOR YOUR OWN SHIPPING COSTS FOR RETURNING YOUR ITEM. SHIPPING COSTS ARE NON-REFUNDABLE. IF YOU RECEIVE A REFUND, THE COST OF RETURN SHIPPING WILL BE DEDUCTED FROM YOUR REFUND. DEPENDING ON WHERE YOU LIVE, THE TIME IT MAY TAKE FOR YOUR EXCHANGED PRODUCT TO REACH YOU, MAY VARY. IF YOU ARE SHIPPING AN ITEM OVER $75, YOU SHOULD CONSIDER USING A TRACKABLE SHIPPING SERVICE OR PURCHASING SHIPPING INSURANCE. WE DON’T GUARANTEE THAT WE WILL RECEIVE YOUR RETURNED ITEM.
(9) CANCELLATIONS & REFUNDS
GARETT MARTYN ACCEPTS NO RESPONSIBILITY FOR CANCELLATION, DELAYS, CHANGES OR LOSSES CAUSED BY ACTS OF GOD, WAR, AND A THREAT OF WAR, CLOSURE OF AIRPORTS, CIVIL STRIFE, NATURAL DISASTERS, ACCIDENTS OR ANY OTHER EVENTS BEYOND OUR CONTROL. THIS INCLUDES INJURIES, ILLNESSES, MEDICAL OR PSYCHIATRIC CONDITIONS OF TRAINEES DEVELOPED DURING OR AFTER THE SESSIONS, CLASSES, WORKSHOPS, COURSES, OR RETREATS, AND LOSS OF, OR DAMAGE TO, PERSONAL PROPERTY DURING THE TRAINING. IN THE UNLIKELY EVENT THAT A TRAINING SESSION, CLASS, WORKSHOP OR RETREAT IS CANCELLED BY GARETT MARTYN, THEN 100% OF THE PAYMENT WILL BE REFUNDED, OR AN ALTERNATIVE RETREAT OR TRAINING PLACEMENT WILL BE OFFERED ACCORDING TO THE CIRCUMSTANCES. THIS DOES NOT INCLUDE THE CANCELLATION OF THE TRAINING DUE TO EXTERNAL CIRCUMSTANCES SUCH AS CONFLICTS BETWEEN THE COUNTRIES, PANDEMICS, BANS ON TRAVEL BY A SPECIFIC COUNTRY ETC. WHERE A TRAINEE CANCELS THE REGISTRATION FOR ANY REASON AT LEAST 60 DAYS BEFORE THE DAY OF THE TRAINING BEGINS, BOTH THE REGISTRATION FEE & COURSE FEE IS REFUNDABLE AFTER THE DEDUCTION OF 18% GST. TRANSFERRING THE PAYMENT TO ANOTHER TRAINING WILL BE POSSIBLE AND IS AT THE DISCRETION OF GARETT MARTYN. IF A TRAINING, WORKSHOP OR RETREAT MUST BE ABANDONED OR INTERRUPTED DUE TO EXCEPTIONAL CIRCUMSTANCES, THERE WILL NOT BE A REFUND IF MORE THAN HALF OF THE TRAINING HAS BEEN COMPLETED (START AND FINISH DATES INCLUSIVE). THIS IS NOT APPLICABLE WHEN THE STUDENT DECIDES TO LEAVE THE TRAINING FOR ANY REASON. HOWEVER, IF THE TRAINING IS CANCELLED DUE TO EXCEPTIONAL CIRCUMSTANCES BEFORE THE MID-WAY, THE TRAINEES WILL BE ABLE TO RE-REGISTER FOR FUTURE TRAINING WITH A MINIMUM PAYMENT FOR THE FOOD AND ACCOMMODATION. GARETT MARTYN ACCEPTS NO RESPONSIBILITY FOR FLIGHT COSTS IF CLASSES, SESSIONS, TRAINING, WORKSHOPS OR RETREATS ARE CANCELLED. GARETT MARTYN IS NOT LIABLE FOR ANY FLIGHT CANCELLATION, RESCHEDULING OR DELAYS. INJURY OR ILLNESS BEFORE OR DURING THE TRAINING BY PARTAKING IN TRAINING, SESSIONS, WORKSHOPS, RETREATS OR CLASSES, TRAINEES RETAIN CONTROL AND DIRECTION OVER ALL THEIR PHYSICAL ACTIVITIES AND VOLUNTARILY ASSUME ENTIRE LIABILITY AND ACCEPT THE RISK OF HARM, INCLUDING PHYSICAL INJURY AND DISCOMFORT AS A RESULT OF THEIR PARTICIPATION IN ACTIVITIES DURING THE PROGRAMS. GARETT MARTYN ACCEPTS NO LIABILITY FOR ANY INJURY OR ILLNESSES TO TRAINEES DURING THE TRAINING, WORKSHOPS, RETREATS OR CLASSES.
D. ADDITIONAL TERMS
FOR THE AVOIDANCE OF DOUBT, THE FOLLOWING ADDITIONAL TERMS (“ADDITIONAL TERMS”) APPLY TO YOUR USE OF THE GBEARENTERPRISES.COM WEBSITE AND ANY PURCHASE OR ATTEMPTED PURCHASE YOU MAKE.
(1) USAGE OF PHOTOS & VIDEOS
PICTURES TAKEN DURING TRAINING, WORKSHOPS, RETREATS OR CLASSES MAY BE USED IN A PROMOTIONAL CAPACITY SUCH AS TWITTER, YOUTUBE, PINTEREST, INSTAGRAM, AND OTHER WEBSITES AND SOCIAL MEDIA PLATFORMS., THE GBEARENTERPRISES.COM WEBSITE ETC. BY AGREEING TO THESE TERMS AND CONDITIONS TRAINEES GIVE FULL PERMISSION FOR THIS INFORMATION TO BE RELEASED.
GARETT MARTYN RETAINS NO LIABILITY FOR THE USE OF PICTURES OR VIDEOS TAKEN BY TRAINEES, THE TEACHERS OR OTHER TRAINEES. AT A HOLISTIC DISCIPLINES TRAINING SESSION OR ANY OTHER TRANING SESSIONS SUCH AS SALES OR BUSINESS TRAININGS, ETC.
PHOTOS AND VIDEOS TAKEN BY TRAINEES DURING TRAINING ARE DEEMED TO BE FOR LEARNING AND PERSONAL USE ONLY. SHARING THIS INFORMATION WITH THIRD PARTIES OR FOR FINANCIAL GAIN WITHOUT THE FULL WRITTEN PERMISSION OF GARETT MARTYN IS STRICTLY PROHIBITED.
(2) USAGE OF TRAINING MATERIALS
MATERIALS THAT ARE PART OF ANY TRAINING, WORKSHOP OR RETREAT INCLUDING BUT NOT LIMITED TO THE BEARKIDO TRAINING MANUAL, THE GENERAL LAYOUT OF THE GBEARENTERPRISES.COM WEBSITE, LOGOS, TRADEMARKS AND WEB PAGE CONTENT ARE THE PROPERTY OF GARETT MARTYN. USING THIS INFORMATION WITH THIRD PARTIES OR FOR FINANCIAL GAIN WITHOUT THE FULL WRITTEN PERMISSION OF GARETT MARTYN IS STRICTLY PROHIBITED.
(3) PROGRAM MODIFICATION
GARETT MARTYN RESERVES THE RIGHT TO ALTER THE BEARKIDO PROGRAM OR CURRICULUM AND TO SELECT STAFF FROM A POOL OF QUALIFIED TEACHERS DEPENDING UPON AVAILABILITY PER TRAINING. UPON USING THIS WEBSITE AND READING THESE TERMS AND CONDITIONS YOU FULLY AND VOLUNTARILY AGREE TO SAID ‘TERMS AND CONDITIONS AND ACKNOWLEDGE THAT YOU HAVE BOTH READ AND FULLY COMPREHEND THE NATURE AND CONSEQUENCES OF THE AGREEMENT TO THESE TERMS AND CONDITIONS. IF YOU HAVE NOT READ, UNDERSTOOD OR DO NOT AGREE TO THESE TERMS AND CONDITIONS DO NOT PROCEED WITH YOUR REGISTRATION BY CLICKING ON THE AGREEMENT BUTTON.
(4) CODE OF CONDUCT
YOU PROMISE NOT TO USE THE SITE OR ANY OF ITS SERVICES FOR ANY PURPOSE THAT IS UNLAWFUL, THAT IS OTHERWISE PROHIBITED BY THESE TERMS, OR THAT IS NOT REASONABLY INTENDED BY G-BEAR ENTERPRISES INC. NEITHER MAY YOU USE THE SITE NOR ANY OF THE SERVICES IN ANY MANNER THAT COULD INTERFERE WITH ANOTHER PARTY’S USE AND ENJOYMENT OF THE SITE, OR ANY OF THE SERVICES.
YOU AGREE NOT TO POST, EMAIL, OR OTHERWISE MAKE AVAILABLE CONTENT:
(A) THAT IS ABUSIVE, OR INTENDED TO HARASS OR THREATEN, INTIMIDATE OR IMPERSONATE OTHER USERS;
(B) THAT IS LIBELOUS OR DEFAMATORY, OFFENSIVE, PROFANE, OR ENTIRELY UNRELATED TO THE PURPOSE OF THE SITE OR THE SERVICES;
(C) THAT IS INTENDED TO OBTAIN PASSWORD, ACCOUNT, OR PERSONAL INFORMATION (AS DEFINED IN SECTION XI, “PRIVACY POLICY,” BELOW) FROM ANY OTHER USER;
(D) THAT VIOLATES THE LEGAL RIGHTS (SUCH AS THE RIGHT TO PRIVACY) OF OTHERS; OR
(E) THAT INFRINGES THE COPYRIGHT, TRADEMARK, PATENT, TRADE SECRET, OR OTHER PROPRIETARY RIGHT OF ANY USER OR OTHER PARTY.
EACH OF THE PRECEDING IS PROVIDED AS AN EXAMPLE OF, AND NOT AS A LIMITATION ON, PROHIBITED CONDUCT.
YOU AGREE THAT, WITH THE EXCEPTION OF ACCESSING RSS FEEDS AND OTHER FEATURES PROVIDED BY G-BEAR ENTERPRISES INC. ALLOWING AUTOMATED ACCESS TO THE SITE OR ITS SERVICES, YOU WILL NOT USE ANY OTHER AUTOMATED MEANS TO ACCESS THE SITE OR ANY OF THE SERVICES FOR ANY PURPOSE WITHOUT EXPRESS WRITTEN PERMISSION HAVING BEEN PREVIOUSLY PROVIDED TO YOU BY G-BEAR ENTERPRISES INC.
YOU FURTHER AGREE NOT TO ADVERTISE TO, OR SOLICIT, ANY USER TO BUY OR SELL ANY PRODUCTS OR SERVICES, EXCEPT AS PERMITTED BY G-BEAR ENTERPRISES INC.. YOU ARE PROHIBITED FROM USING ANY INFORMATION OBTAINED FROM THE SITE OR THE SERVICES IN ORDER TO CONTACT, ADVERTISE TO, SOLICIT, OR SELL TO ANY USER WITHOUT THE EXPRESS WRITTEN CONSENT OF SUCH USER HAVING EXCLUSIVELY FIRST BEEN OBTAINED BY MEANS OF A SUBMITTED REQUEST.
YOU FURTHER AGREE THAT YOU SHALL NOT USE THE SITE OR ANY SERVICE ON BEHALF OF, AT THE REQUEST OF, OR PURSUANT TO THE INSTRUCTION OF, ANY THIRD PARTY.
G-BEAR ENTERPRISES INC. RESERVES THE RIGHT, TO BE EXERCISED IN ITS SOLE DISCRETION, TO REMOVE ANY CONTENT, OR DEACTIVATE ANY GBEARENTERPRISES.COM USER REGISTRATION, AT ANY TIME, FOR ANY REASON, INCLUDING BUT NOT LIMITED TO THE RECEIPT OF REPORTS OR CLAIMS FROM THIRD PARTIES, OR LEGAL OR REGULATORY AUTHORITIES, RELATING TO SUCH CONTENT OR USER, OR FOR NO REASON AT ALL. TO REPORT VIOLATIONS OF THESE TERMS, PLEASE EMAIL INFO@GBEARENTERPRISES.COM.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS OF THE SITE AND THE SERVICES, CHANNEL PARTNERS, AND THIRD-PARTY VENDORS. G-BEAR ENTERPRISES INC. RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR DISPUTES BETWEEN YOU AND OTHER USERS THAT ARE THE SUBJECT OF CONTENT POSTED BY YOU OR SUCH OTHER USER AT THE SITE, OR MATERIALS PROVIDED OR DISSEMINATED BY EITHER OF YOU AS PART OF THE SERVICES.
GARETT MARTYN STRIVES TO PROVIDE AN ENVIRONMENT CONDUCIVE TO LEARNING, GROWTH, AND PROFESSIONALISM. STUDENTS ARE EXPECTED TO BEHAVE COURTEOUSLY AND RESPECTFULLY, OBSERVE MARTYN MARTIAL ARTS POLICIES, AND DEVOTE THEMSELVES EARNESTLY TO THEIR STUDIES. THE FOLLOWING MAY BE GROUNDS FOR DISCIPLINARY ACTION AND POSSIBLE DISMISSAL FROM THE PROGRAM AND/OR MARTYN MARTIAL ARTS PREMISES: VERBAL OR PHYSICAL ABUSE OF ANY PERSON OR CONDUCT THAT THREATENS OR ENDANGERS THE HEALTH OR SAFETY OF ANY PERSON AT A BEARKIDO CLASS, TRAINING, SESSION, WORKSHOP, OR RETREAT. THEFT OF MARTYN MARTIAL ARTS PROPERTY OR THE PROPERTY OF ANY MEMBER OF THE MARTYN MARTIAL ARTS COMMUNITY AT THE PREMISES. WILFUL OR RECKLESS DAMAGE TO MARTYN MARTIAL ARTS PROPERTY OR THE PROPERTY OF A MEMBER OF THE MARTYN MARTIAL ARTS COMMUNITY. OBSTRUCTION OR DISRUPTION OF TEACHING OR OTHER COMPONENTS OF THE ACADEMIC PROCESS. FAILURE TO COMPLY WITH MARTYN MARTIAL ARTS POLICY AT ANY TIME, SUCH AS HARASSMENT, SEXUAL OR OTHERWISE, OR INTIMIDATION OF ANY MEMBER OF THE MARTYN MARTIAL ARTS COMMUNITY WHILE ON MARTYN MARTIAL ARTS PREMISES. THIS INCLUDES ANY BEHAVIOUR THAT CREATES A HOSTILE OR OFFENSIVE ENVIRONMENT FOR ANY STUDENT, EMPLOYEE, OR GUEST OF MARTYN MARTIAL ARTS. THE USAGE OF GADGETS DURING THE CLASSES TO TAKE PICTURES AND VIDEOS IS ALLOWED. THE USE OF THE SMARTPHONE, I-PHONE, I-PAD, TABLET, OR MOBILE TO BROWSE THE INTERNET IS FORBIDDEN DURING CLASSES. BEING ABSENT FROM ANY OF THE SESSIONS WITHOUT PRIOR PERMISSION FROM GARETT MARTYN. THE PROGRAMS CAN BE INTENSIVE AND ALL THE SESSIONS ARE MANDATORY. THE MARTYN MARTIAL ARTS TRAINING SESSIONS AT MARTYN MARTIAL ARTS IS NOT A WALK IN THE PARK BUT AN INTENSIVE LEARNING PROGRAM.
(5) TERMINATION OF ACCESS
(A) TERMINATION
YOU AGREE THAT GARETT MARTYN MAY, IN HIS SOLE DISCRETION AND WITHOUT PRIOR NOTICE, TERMINATE YOUR ACCESS TO THE WEBSITE AND/OR BLOCK YOUR FUTURE ACCESS TO THE WEBSITE IF WE DETERMINE THAT YOU HAVE VIOLATED ANY OF OUR TERMS, INCLUDING THE USE TERMS, THE SALE TERMS, THE ADDITIONAL TERMS, AND THE PRIVACY POLICY. YOU ALSO AGREE THAT ANY VIOLATION BY YOU OF ANY OF OUR TERMS, WILL CONSTITUTE AN UNLAWFUL AND UNFAIR BUSINESS PRACTICE, AND WILL CAUSE IRREPARABLE HARM TO GARETT MARTYN, FOR WHICH MONETARY DAMAGES WOULD BE INADEQUATE, AND YOU CONSENT TO GARETT MARTYN OBTAINING ANY INJUNCTIVE OR EQUITABLE RELIEF THAT GARETT MARTYN DEEMS NECESSARY OR APPROPRIATE IN SUCH CIRCUMSTANCES WITHOUT THE POSTING OF ANY BOND. THESE REMEDIES ARE IN ADDITION TO ANY OTHER REMEDIES GARETT MARTYN MAY HAVE AT LAW OR IN EQUITY.
YOU AGREE THAT GARETT MARTYN MAY, IN ITS SOLE DISCRETION AND WITHOUT PRIOR NOTICE, TERMINATE YOUR ACCESS TO THE WEBSITE, FOR CAUSE, WHICH INCLUDES (BUT IS NOT LIMITED TO) (1) REQUESTS BY LAW ENFORCEMENT OR OTHER GOVERNMENT AGENCIES, (2) A REQUEST BY YOU (SELF-INITIATED ACCOUNT DELETIONS), (3) DISCONTINUANCE OR MATERIAL MODIFICATION OF THE WEBSITE OR ANY SERVICE OFFERED ON OR THROUGH THE WEBSITE, OR (4) UNEXPECTED TECHNICAL ISSUES OR PROBLEMS.
(B) RECOVERY OF COSTS
IF GARETT MARTYN DOES TAKE ANY LEGAL ACTION AGAINST YOU AS A RESULT OF YOUR VIOLATION OF THESE USE TERMS, GARETT MARTYN WILL BE ENTITLED TO RECOVER FROM YOU, AND YOU AGREE TO PAY, ALL REASONABLE ATTORNEYS’ FEES AND COSTS OF SUCH ACTION, IN ADDITION TO ANY OTHER RELIEF GRANTED TO GARETT MARTYN. YOU AGREE THAT GARETT MARTYN WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR TERMINATION OF YOUR ACCESS TO THE WEBSITE AS A RESULT OF ANY VIOLATION OF OUR TERMS, INCLUDING THE USE TERMS, THE SALE TERMS, THE ADDITIONAL TERMS, AND THE PRIVACY POLICY.
(3) DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
THE GBEARENTERPRISES.COM WEBSITE AND ITS CONTENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GARETT MARTYN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE WEBSITE OR THE PRODUCTS OFFERED THROUGH THE WEBSITE NOR AS TO THE MERCHANDISE BEING SOLD TO YOU. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, GARETT MARTYN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WHICH EXTEND BEYOND THE DESCRIPTION OF THE MERCHANDISE CONTAINED ON OUR ORDER CONFIRMATION.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, GARETT MARTYN DOES NOT REPRESENT, WARRANT, OR GUARANTEE THAT:
(A) THE WEBSITE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE MATERIAL OR MALICIOUS CODE;
(B) THE INFORMATION CONTAINED ON THE WEBSITE IS ACCURATE, COMPLETE OR UP TO DATE; OR
(C) THE GARETTMARTYN.COM WEBSITE IS FREE OF DEFECTS OR THAT ANY INACCURACIES OR DEFECTS WILL BE CORRECTED.
BY USING THE WEBSITE, YOU AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL LOSS OF USE, LOSS OF DATA AND COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT AND/OR SOFTWARE THAT YOU USE IN CONNECTION WITH THIS SITE, AND THAT GARETT MARTYN SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF, CAUSED BY OR RELATED TO YOUR USE OF THE WEBSITE. YOUR SOLE REMEDY AGAINST GARETT MARTYN FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE.
WHERE APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SOME OR ALL OF THE FOREGOING DISCLAIMERS OF WARRANTY MAY NOT APPLY TO YOU.
(6) LIMITATION OF LIABILITIES; INDEMNITY.
GARETT MARTYN SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ACTUAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, WHETHER ARISING UNDER CONTRACT, TORT, OR ANY OTHER THEORY, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE, PERFORMANCE OF, OR INFORMATION PROVIDED THROUGH THE GARETTMARTYN.COM WEBSITE, EVEN IF GARETT MARTYN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, GARETT MARTYN SHALL HAVE NO LIABILITY FOR ANY DELAY OR FAILURE TO DELIVER PRODUCTS OR OTHERWISE PERFORM ANY OBLIGATION AS SPECIFIED HEREUNDER IF THE SAME IS WHOLLY OR PARTLY CAUSED BY CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL.
IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE USE TERMS, GARETT MARTYN IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE, GARETT MARTYN’S LIABILITY SHALL IN NO EVENT EXCEED CAN$100.00.
CERTAIN PROVINCIAL OR STATE LAWS DO NOT ALLOW LIMITATIONS ON THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS GARETT MARTYN, ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND SHAREHOLDERS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, COSTS AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS’ FEES AND COURT COSTS, ARISING FROM OR RELATED TO YOUR USE OF THE WEBSITE.
THE SITE AND THE SERVICES, AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH THEM ARE PROVIDED “AS IS.” G-BEAR ENTERPRISES INC. AND/OR ITS SUPPLIERS, PROVIDERS, ENERGY RESEARCH PROFESSIONALS, OR OTHER PROFESSIONALS, DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE SITE AND THE SERVICES, AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED THEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. YOUR USE OF THE SITE AND/OR THE SERVICES IS AT YOUR OWN RISK. EVEN IF G-BEAR ENTERPRISES INC. AND/OR ITS SUPPLIERS, ENERGY RESEARCH PROFESSIONALS, PROVIDERS OR OTHER PROFESSIONALS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, NEITHER G-BEAR ENTERPRISES INC. NOR ITS SUPPLIERS, PROVIDERS, ENERGY RESEARCH PROFESSIONALS, OR OTHER PROFESSIONALS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH:
(7) LAW AND DISPUTES.
OUR TERMS, INCLUDING THE USE TERMS, THE SALE TERMS, AND THE ADDITIONAL TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE PROVINCE OF ALBERTA, WITHOUT REGARD TO ITS PRINCIPLES OF CONFLICTS OF LAWS, AND SHALL GOVERN ALL MATTERS ARISING OUR OF OR RELATING TO THE USE TERMS OR SALE TERMS, INCLUDING, WITHOUT LIMITATION, THEIR VALIDITY, INTERPRETATION, CONSTRUCTION, PERFORMANCE, AND ENFORCEMENT. IN THE EVENT OF A DISPUTE, THE PROVINCIAL, STATE AND FEDERAL COURTS LOCATED IN THE IN THE CITY OF CALGARY, AB, TREATY 7 TERRITORY LAND SHALL HAVE EXCLUSIVE JURISDICTION AND YOU HEREBY AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURT AND YOU IRREVOCABLY AND UNCONDITIONALLY WAIVE AND AGREE NOT TO PLEAD OR CLAIM IN ANY SUCH COURT THAT ANY SUCH ACTION, SUIT OR PROCEEDING BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM. GARETT MARTYN SHALL BE ENTITLED TO SEEK AND OBTAIN INJUNCTIVE OR OTHER EQUITABLE RELIEF TO PROTECT ITS RIGHTS HEREUNDER WITHOUT THE NEED TO POST ANY BOND OR SURETY.
(8) MISCELLANEOUS
(A) SEVERABILITY.
IF ANY PROVISION OF THE USE TERMS, SALE TERMS, OR ADDITIONAL TERMS IS DETERMINED TO BE INVALID, ILLEGAL OR UNENFORCEABLE, THE REMAINING PROVISIONS OF SHALL REMAIN IN FULL FORCE TO THE EXTENT PERMITTED BY LAW.
(B) WAIVER.
NO FAILURE, FORBEARANCE, NEGLECT OR DELAY OF ANY KIND OR TO ANY EXTENT ON THE PART OF GARETT MARTYN IN CONNECTION WITH THE ENFORCEMENT OR EXERCISE OF ANY RIGHTS UNDER THE USE TERMS, THE SALE TERMS, THE ADDITIONAL TERMS SHALL AFFECT OR DIMINISH GARETT MARTYN’S ABILITY TO ENFORCE SUCH RIGHTS OR ANY OTHER RIGHTS UNDER THE USE TERMS, THE SALE TERMS, THE ADDITIONAL TERMS. GARETT MARTYN IS NOT TO BE HELD LIABLE.
(C) CONSTRUCTION AND INTERPRETATION.
REFERENCES TO ARTICLES, SECTIONS AND EXHIBITS ARE TO BE CONSTRUED AS REFERENCES TO THE ARTICLES OR SECTIONS OF THE RELEVANT PORTIONS OF THE USE TERMS, SALE TERMS, OR ADDITIONAL TERMS, UNLESS OTHERWISE INDICATED, AND TERMS SUCH AS “HEREOF,” “HEREIN,” “HEREUNDER” AND OTHER SIMILAR COMPOUNDS OF THE WORD “HERE” SHALL MEAN AND REFER TO THIS ENTIRE SET OF TERMS RATHER THAN ANY PARTICULAR PART OF THE SAME. THE PARAGRAPH HEADINGS AND CAPTIONS ARE INCLUDED MERELY FOR CONVENIENCE OF REFERENCE. THEY ARE NOT TO BE CONSIDERED PART OF, OR TO BE USED IN INTERPRETING, THE TERMS AND IN NO WAY LIMIT OR AFFECT ANY OF THE CONTENTS OF THE TERMS OR ITS PROVISIONS. WHENEVER USED, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED OR UNLESS THE CONTEXT OTHERWISE REQUIRES, ANY NOUN OR PRONOUN SHALL BE DEEMED TO INCLUDE THE PLURAL AS WELL AS THE SINGULAR AND TO COVER ALL GENDERS. THE WORDS “INCLUDES” AND “INCLUDING” WHEN USED HEREIN SHALL BE DEEMED TO BE FOLLOWED BY THE PHRASE “WITHOUT LIMITATION” UNLESS SUCH PHRASE OTHERWISE APPEARS. ANY REFERENCE TO PRODUCTS, SERVICES, ART, GOODS, OR MERCHANDISE SHALL REFER TO THE ITEMS OFFERED FOR SALE ON THE WEBSITE.
E. SUMMARY
GARETT MARTYN IS NOT LIABLE IN ANY WAY UNDER ANY CIRCUMSTANCES. HE MEANS YOU ZERO HARM, AND WILL ALMOST ALWAYS GO OUT OF HIS WAY TO MAKE SURE THAT YOUR EXPERIENCE WITH HIM AND G-BEAR ENTERPRISES INC. IS A MOST PEACEFILLED AND PLEASURABLE ONE FOR ALL INVOLVED. PLEASE ENJOY YOURSELF AND HAVE A GOOD LIFE. AMEN.
QUESTIONS ABOUT THE TERMS OF SERVICE SHOULD BE SENT TO INFO@GBEARENTERPRISES.COM