Ki-Atsu Method Terms and Conditions of Use
Your use of Ki-Atsu Method’s™ products, services, software, methods, techniques, tools, manuals, web sites, written materials and any other information (hereinafter referred to collectively as the “Services”) is subject to these Terms and Conditions of Use (hereinafter the “Terms”). The Terms form a legally binding agreement between you and Ki-Atsu Institute for Healing Arts, LLC, of which Ki-Atsu Method™ is a subsidiary of, in relation to your use of the Services. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THESE SERVICES.
1. Agreeing to the Terms
You must agree to the Terms in order to use the Services. By clicking the “I Agree” button or by using the Services, you are agreeing to be bound by these Terms and all applicable laws and regulations, including without limitation, any applicable local laws. If you do not agree with any of these Terms, you are prohibited from using the Services and should click “I Do Not Agree” to stop the registration process.
Ki-Atsu Method™ may change these Terms at any time without notice, so as you use the Services, please check the web site for any changes to the Terms. Your continued usage of the Ki-Atsu Method’s™ Services after any changes will mean you accept those changes and agree to be bound by the then-current version of the Terms.
You are prohibited from using the Services if (a) you are not of legal age to form a binding contract with Ki-Atsu Method™, or (b) you are barred from using the Services under the laws of the United States or another country, including the country where you are a resident or from where you use the Services.
2. Your Account
In order to become a user, you must create an account (hereinafter "Account") by registering on the web site. You may register as either a client or a therapist. During the registration process, you will be asked to choose a username and a password for your Account. You are solely responsible for maintaining the confidentiality of your Account, including without limitation, your password and all the activities that occur under your Account. Only one individual may use each Account. This means your Account may not be used, shared, sold, rented, transferred, licensed or otherwise provided to any other person or entity, even if such person is a family member or friend. You agree to change your password immediately if you suspect any unauthorized use of your Account or access to your password. You agree to not use the Account, username, or password of another user at any time. You agree that any registration information you give to Ki-Atsu Method™ will always be accurate, correct, complete and up to date.
If you would like to change the Services you register for or subscribe to, including without limitation, upgrading your Account from client to therapist, or terminating your Account, you may make the changes at any time by clicking on the “Your Account” tab. You may also update any Account information and change any given credit card information by clicking on the “Your Account” tab.
3. Use License
In exchange for any applicable fees and your acceptance of the Terms, permission is granted to view and use the Services on Ki-Atsu Method’s™ web site, including without limitation, manuals, videos and diagnostic tools. In order to use the Services, you must have the hardware and software required by the Services and have an internet connection. If you register as a client, your viewing and use of the Services is solely for your personal and non-commercial use. If you register as a therapist, you are authorized to view and use the Services to treat clients. For both clients and therapists, this is the grant of a non-exclusive, limited and revocable license, not a transfer of title, and under this license you may not:
- Copy the Services or any portion thereof;
- Permit other individuals to view or use the Services;
- Frame or link to the Services unless expressly authorized to do so in writing by Ki-Atsu Method™;
- If registered as a client, use the Services for any commercial purpose, or for any commercial or non-commercial public display;
- Modify, translate, decompile, reverse engineer, disassemble or otherwise tamper with the Services, including any part thereof contained on Ki-Atsu Method’s™ web site, or create a derivative work of the Services;
- Remove, obscure or alter any copyright, trade mark or other proprietary notations from the Services; or
- Transfer, sell, rent, lease, distribute, broadcast, display or otherwise assign any rights to the Services to a third party or "mirror" the Services on any other server;
- Use the Services for any illegal or improper purpose, or to invade the privacy of or gain access to personal information about any Account holders.
Violation of any of the Terms, including without limitation, these restrictions, may result in the immediate termination of your license. Upon termination, you must destroy any materials linked to the Services in your possession whether in electronic or printed format.
Ki-Atsu Method™ reserves any and all rights or remedies that it may be entitled to in the event that you violate any of the Terms.
You may not use any fee-based Services unless you have paid the applicable fee and have agreed to these Terms.
By using or accessing any of the Services, you are representing that you are authorized to use the credit/debit card you enter for payment. Applicable fees for the Services may include a one-time or monthly fee, transaction fees, taxes, and any additional fees.
Some of the Services involve recurring monthly fees. Unless you terminate your subscription for succeeding months before the end of a monthly subscription term, your subscription will renew automatically for the next month. Your renewed subscription will have the same duration as the subscription being renewed (e.g., one month). At the time of renewal, your credit card will be charged the then-current fees for the applicable subscription.
Your credit card will be charged for the subscription renewal on a particular day each month when it’s a monthly subscription. If you originally subscribed to Services on the 29th, 30th or 31st day of a month, and a succeeding month has fewer than 31 days in the month payment is due, then you will be billed for that renewal on the last day of that month.
Payments must be made with VISA, MasterCard, American Express or Discover Card. No cash, checks, or other payment form will be accepted. You are solely responsible for paying any amounts for services billed to your credit card by a third party who had access to your card or card number, even if you did not authorize such amounts. You agree to pay all fees and charges incurred in connection with your use of the Services, including without limitation, any applicable taxes, at the rates in effect when the charges were incurred. If Ki-Atsu Method™ does not receive payment from your credit card issuer or its agent, then you agree to pay all amounts due upon demand by Ki-Atsu Method™. Ki-Atsu Method™ may deactivate your Account without notice if payment is past due. You agree to pay any outstanding balance in full for any Services within 30 days of cancellation or termination of your registration or subscription.
Prices do not include taxes unless otherwise stated. If a transaction is exempt from tax, please contact Ki-Atsu Method™. Transaction fees may also be applied. Ki-Atsu Method™ reserves the right to change its fees and billing procedures at any time upon providing you notice sent to your designated email address. If you find such a change to be unacceptable, you may terminate your subscription by clicking on the “Your Account” tab. By continuing to use the Services after the change to fees or billing procedures is effective, you accept such change.
YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICES AT YOUR OWN RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND. PARTICULARLY, KI-ATSU METHOD™ DOES NOT REPRESENT OR WARRANT TO YOU THAT YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR OR VIRUSES, OR HAVE A PROBABLE RESULT, OR THAT ANY INFORMATION OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, COMPLETE, CURRENT OR RELIABLE. KI-ATSU METHOD™ MAKES NO WARRANTY IN REGARD TO ANY GOODS OR SERVICES PURCHASED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES.
YOU UNDERSTAND THAT YOU OBTAIN ANY MATERIAL THROUGH THE USE OF THE SERVICES AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE ACCESS OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KI-ATSU METHOD™ OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY.
To the maximum extent permitted by law, Ki-Atsu Method™, ITS AFFILIATES AND SUPPLIERS disclaim all warranties and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement. Ki-Atsu Method™ also does not warrant or represent that the materials on any sites linked to this site are accurate, have likely results, or are reliable.
AS THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS IS NOT ALLOWED IN SOME JURISDICTIONS, ONLY LAWFUL LIMITATIONS IN YOUR JURISDICTION WILL APPLY TO YOU AND KI-ATSU METHOD’S™ LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
YOU UNDERSTAND AND AGREE THAT Any use or application of the Services is at your OWN risk. The information presented in the Services is not intended to replace ANY services of a PHYSICIAN OR OTHER health prOVIDER licensed in the diagnosis or treatment of illness or disease. Always seek the advice of a physician or other qualified health provider REGARDING aNY medical condition OR CONCERN. Never disregard professional medical advice or delay in seeking it because of something you have learned or seen from your use of the Services. Always consult with a physician OR OTHER QUALIFIED HEALTH PROVIDER before you start taking OR USING any herbs or other recommended remedies from the services. Statements in the services about health conditions and remedies have not been evaluated by the U.S. Food and Drug Administration.
5. Limitation of Liability
YOU UNDERSTAND AND AGREE THAT KI-ATSU METHOD™, ITS AFFILIATES AND SUPPLIERS, AND ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES (COLLECTIVELY THE “PROTECTED PARTIES”) SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, WITHOUT LIMITATION, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS, DAMAGES DUE TO BUSINESS INTERRUPTION, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS RESULTING FROM THE USE OR INABILITY TO USE THE SERVICES. THE PROTECTED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY OTHER LOSS OR DAMAGE YOU MAY SUFFER, INCLUDING, BUT NOT LIMITED TO, LOSS OR DAMAGE AS A RESULT OF: ANY CHANGES KI-ATSU METHOD™ MAY MAKE TO THE SERVICES; ANY CESSATION IN THE PROVISION OF THE SERVICES; THE DELETION OR CORRUPTION OF ANY INFORMATION MAINTAINED OR TRANSMITTED BY THE USE OF THE SERVICES; FAILURE ON YOUR PART TO GIVE KI-ATSU METHOD™ ACCURATE ACCOUNT INFORMATION OR TO KEEP YOUR PASSWORD OR OTHER ACCOUNT INFORMATION CONFIDENTIAL AND SECURE; ANY ADVERSE REACTION TO ANY OF THE HERBS OR OTHER REMEDIES INVOLVED IN THE SERVICES OR ANY INTERACTIONS OF THE HERBS’ OR OTHER REMEDIES’ WITH PRESCRIPTION MEDICATIONS.
THESE ABOVE LIMITATIONS ON KI-ATSU METHOD’S™ AND THE OTHER PROTECTED PARTIES’ LIABILITY SHALL APPLY EVEN IF THE PROTECTED PARTIES OR AN AUTHORIZED REPRESENTATIVE WERE AWARE OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE. some jurisdictions do not allow limitations of liability for consequential or incidental damages, SO these limitations may not apply to you.
Ki-Atsu Method™ has not reviewed all of the sites linked to or referenced on its web site and is not responsible for the availability or content of any such linked or referenced site and shall not be liable for any damages or injury arising from that content. The inclusion of any link does not imply endorsement by Ki-Atsu Method™ of the site. Use of any such linked web site is at your own risk.
8. Refund Policy
A strict “No Refund Policy” is in force for all fee-based Services. All fees paid and charges made before termination as provided herein, including an advanced charge or payment for the subscription term during which you terminate your subscription, are nonrefundable. Termination of your registration or subscription shall not relieve you of any obligations to pay any accrued charges. There is no refund for downgrading from registration as a therapist to a client in the month the downgrade is made. There is no refund if you fail a course provided by Ki-Atsu Method™. You acknowledge and agree that one way you can fail a course is if you do not complete the course within the time given. A timer is provided during the course, and you acknowledge that you are aware that before you stop working on the course for a time, you must hit the “Pause” button to stop the timer.
9. Copyright, Trade Mark and Trade Secret Protection Policy
You acknowledge and agree that Ki-Atsu Method™ owns all legal right, title and interest in and to the Services and any and all intellectual property rights which exist in the Services, such rights existing anywhere in the world, and whether or not those rights are registered. You further acknowledge that the Services may contain information which is designated confidential by Ki-Atsu Method™ and that you shall not disclose such information without Ki-Atsu Method’s™ prior written consent. You may not reproduce, record, sell, rent, broadcast, modify, sub-license, or disseminate any of the Services to a third party, nor make any unauthorized copies of any of the Services. When you are given authorization to print material from your use of the Services on the web site, you agree to only print that which is reasonably necessary for your personal use, or if registered as a therapist, for your use in treating clients.
Unless you have agreed otherwise in writing with Ki-Atsu Method™, you are not given a right to use any of Ki-Atsu Method’s™ trade names, trade marks, service marks, logos, domain names, and other brand features. Ki-Atsu Method™ reserves all rights not expressly granted in these Terms. Upon discovery of any unauthorized use or infringement of the Services or any portion thereof or any intellectual property rights of Ki-Atsu Method™, you shall notify Ki-Atsu Method™ promptly in writing.
The Instructor is Ki F. Kosut, Clinical Ayurvedic and PK Specialist, Ayurvedic Yoga Therapist, Pilates Instructor, and Aston Patterner, of Ki-Atsu Institute for Healing Arts, LLC.
Ki-Atsu ® is trademarked in the United States. At this time there are no other certified instructors who teach this modality in this exact form. Anyone using the name Ki-Atsu ® must have written permission from Ki-Atsu Institute for Healing Arts, LLC.
Your acceptance of the information given to you during any course, workshop, or while using a diagnostic tool constitutes an agreement that you accept and will follow the procedures for the protection of Ki-Atsu’s trade secrets.
Materials from the instructors cannot be copied, reproduced, republished, or distributed in any way. No alterations to the materials can be made for commercial use.
You agree that you will not disclose any confidential information of Ki-Atsu Method™. You agree that you will not teach or train any other person any part of the instruction or training you receive through your access to the Services. Such confidential information includes, without limitation, products, services, methods, techniques, written materials, manuals, and any other information included in the Services.
10. Terminating your Relationship with Ki-Atsu Method™
If you want to terminate your registration or subscription to any of Ki-Atsu Method’s™ Services, you may do so by clicking on the “Your Account” tab. Once you terminate, Ki-Atsu Method™ will stop billing your credit card until and unless you purchase another product or Service. The No Refund Policy described above applies.
Ki-Atsu Method™ may, at any time, terminate your Account or use of the Services for any reason, with or without notice, including without limitation, if:
- You have violated any provision of the Terms, or have acted in a manner that clearly shows that you do not intend to, or are unable to, comply with the provisions of the Terms; or
- Ki-Atsu Method™ is required to do so by law (such as where the provision of the Services to you is, or becomes, unlawful); or
- Ki-Atsu Method™ is transitioning to no longer providing the Services to users in the country where you are a resident or from where you use the Services; or
- The provision of the Services to you by Ki-Atsu Method™ is, in Ki-Atsu Method’s™ opinion, no longer commercially viable.
You agree to defend, indemnify, and hold Ki-Atsu Method™ and the other Protected Parties harmless from and against any claims, actions or demands, liabilities and settlements including, without limitation, reasonable legal and accounting fees resulting from, or alleged to result from, your violation of these Terms.
12. Online Education Provisions
Courses taken or completed online through Ki-atsu Method™ do not constitute a post-secondary education. All post-secondary education programs must be enrolled in-person with a certified education provider. Courses taken or completed online through Ki-atsu Method™ provide Continuing Education Units (CEUs) exclusively.
13. General Provisions
Unless expressly stated by Ki-Atsu Method™, these Terms constitute the entire legal agreement between you and Ki-Atsu Method™ and govern your use of the Services. Ki-Atsu Method’s™ failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms will bind and inure to the benefit of each party’s permitted successors and assigns, but you may not transfer, assign or delegate these Terms to any other person.
If any court of law having the jurisdiction to decide on this matter rules that any provision of these Terms is invalid, then that provision shall be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
All legal matters relating to the Terms and to your access to and use of Ki-Atsu Method’s™ Services shall be governed by the laws of the State of Nevada without regard to its conflict of law provisions. Any legal action or proceeding relating to the Terms or to your access to and use of Ki-Atsu Method’s™ Services shall be instituted in Clark County, Nevada. You agree to submit to the exclusive jurisdiction of, and agree that venue is proper in, a Clark County, Nevada court in any such legal action or proceeding. Notwithstanding this, you agree that Ki-Atsu Method™ shall still be allowed to apply for injunctive remedies or an equivalent type of urgent legal relief in any jurisdiction.
Copyright © 2011 by Ki-Atsu Institute for Healing Arts, LLC. All rights reserved.
Ki-Atsu® is a registered trademark.