TERMS OF USE

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Terms of use

Bida Foundation Online (“Bida Foundation”, “we”, “our”, “us”), operates and owns this Application (together with any other website or apps branded as Bida Foundation, the “App”). By accessing the Website or Application, you are agreeing to be bound by these Terms of Use (which may be amended by us from time to time), all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws (including any international laws). Your right to access and use the Website or Application will terminate immediatrtely, without any further action by us, if you breach these Terms of Use or we otherwise in our reasonable discretion determine that you are causing harm to the Website or Application, yourself or any other party. By using the Website or Application, you are agreeing to be bound by the then current version of these Terms of Use. The content contained in the Website or Application is owned solely by Bida Foundation Online and protected by applicable copyright and trademark law. Bida Foundation Online may make changes to the content and materials contained on the Website or Application at any time without notice.

USE LICENSE

We are pleased to grant you a non-exclusive, revocable, limited license to use the Website or Application solely for your personal and non-commercial use. You may only use the Website or Application in the way the content you access is intended and in compliance with these Terms of Use and with any and all applicable laws, rules and regulations. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer or sell any content, software, products or services contained with the Website or Application.

IMPORTANT DISCLAIMERS PHYSICAL ACTIVITY

The Website or Application may include features that promote physical activity, nutrition or general wellness. They are for your informational purposes only and are not intended as medical advice or services, or for diagnostic or treatment purposes. Consider the risks involved and consult with your medical professional before engaging in any physical activity.
Never disregard professional medical advice or delay in seeking it because of something you have viewed on the Website or Application.

TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, BIDA FOUNDATION ONLINE IS NOT RESPONSIBLE OR LIABLE FOR ANY INJURIES OR DAMAGES YOU MAY SUSTAIN THAT RESULT FROM YOUR USE OF, OR INABILITY TO USE, THE FEATURES ON THE Website or Application.

WARRANTY DISCLAIMER

The Website or Application, Content, and the materials and products on this Website or Application are provided "AS IS.” We aren’t making any promises of any kind,

including about the App’s accuracy, adequacy, usefulness, reliability or otherwise. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, BIDA FOUNDATION ONLINE IS NOT RESPONSIBLE OR LIABLE FOR ANY USER CONTENT POSTED ON THE Website or Application.

Bida Foundation Online does not guarantee that the Website or Application will be uninterrupted or error-free, that any defects will be corrected, or that the Website or Application is free of viruses or anything else harmful.
To the fullest extent permitted by law, Bida Foundation Online disclaims all warranties, express or implied, regarding the Website or Application, Content, User Content and any products or services you may obtain or access through the Website or Application, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

You are solely responsible for any damage to your Device resulting from accessing the Website or Application, to the extent applicable law does not provide otherwise. We hope you enjoy and get the full benefit of the Website or Application; however, we do not guarantee any results.

Important Notice for Amateur Athletes. You are responsible for ensuring that your participation on the Website or Application does not affect your eligibility as an amateur athlete. Please check with your amateur athletic association for the rules that apply to you. Bida Foundation Online is not responsible or liable for your use of the Website or Application resulting in your ineligibility as an amateur athlete.

ACCOUNTS

In creating an account, you may not misrepresent your identity and you may never use another person’s account for any purpose whatsoever. If you have previously had your access to or use of the Website or Application terminated by us, you may not access or use the Website or Application under any circumstances. You should never share your account information with third parties or allow third parties to use your account. Please keep your password confidential and be sure to exit from your account at the end of each session. You are responsible for all the activity on your account, including the use of your account by other people who you may or may not authorize to use your account.

LIMITATIONS

In no event shall Bida Foundation Online or its subsidiaries or affiliates be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the Website or Application and any products and services offered by us. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

LINKS AND ADVERTISING

Bida Foundation Online has not reviewed all the sites linked to the Website or Application and is not responsible for the contents of any such linked site, including

but not limited to, advertisements and content posted by third parties. Use of any such linked Website or Application is at the user’s own risk.

ARBITRATION AND CLASS ACTION WAIVER

In the event of any dispute between you and us regarding these Terms of Use, the Privity Policy, the Website or Application and/or any products or services purchased from the Website or Application, you and Bida Foundation Online agree to first send the other party a notice of dispute, which is a written statement setting forth the name, address and contact information of the party giving the notice, the facts giving rise to the dispute and the relief requested. You must send any notice of dispute by e-mail to sergeybida@bidafoundation.online. We will send any notice of dispute to you at the contact information we have for you. You and Bida Foundation Online will attempt to resolve any dispute through informal negotiation within 30 days from the date that the notice of dispute is sent. If we are unable to resolve a dispute by negotiation, you agree that disputes must be resolved through binding arbitration rather than by a court, provided that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms of Use. There is no judge or jury in arbitration and court review of an arbitration award is limited. It is important that you understand that the arbitrator’s decision will be binding and may be entered as a judgment in any court of competent jurisdiction.

The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. You agree to arbitrate with Bida Foundation Online only in your individual capacity and not as a representative or member of a class or in any consolidated or representative proceeding. As such, your claims may not be joined with any other claims and there shall be no authority for any dispute to be arbitrated on a class- action basis or brought by a purported class representative. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. For certain claims, like violations of these Terms of Use or breaches of intellectual property covenants, we reserve the right to seek injunctive relief in a court of competent jurisdiction. All arbitrations shall be initiated Los Angeles County, California.

ONE-TIME FEES AND SUBSCRIPTION FEES

We offer subscription-based access to some of our content as well as one-time purchases of Website or Application courses intended to cover a specific area of study or on a particular topic that can be viewed for a period of time. We reserve the right to cancel, interrupt, or reschedule any of our content, including classes, programs, series or Website or Application courses. Subject to your payment of any applicable fees and your compliance with all of the other terms herein, we grant you

a non-exclusive, non-transferable, limited right and license to view our content for non-commercial and private use, so long as such content remains available on the Website or Application.

The rental fee of Website or Application courses is billed prior to commencing the course. You are not entitled to a partial refund in the event the courses are not completed. If your membership is terminated due to a violation of the terms herein, we will not reimburse you for the remainder of any course.

IMPORTANT AUTOMATIC RENEWAL AND SUBSCRIPTION-BASED PRODUCTS/SERVICES

We offer certain products and services on an automatic or subscription basis, so you can enjoy all the benefits of our products or services on a continuous basis. If you choose this option at the time of your purchase, you agree such products/services will automatically renew at the frequency disclosed to you at the time of your initial purchase. By choosing the automatic renewal and subscription option, you acknowledge and agree your subscription will automatically renew at the then current rate, and unless you cancel, you authorize us to charge your payment card for the products/services you purchased, plus applicable shipping and handling, and taxes. The charges will typically occur on or around the same day of the month as your initial purchase, although some charges may be delayed for business or legal reasons. Your automatic subscription will continue until you or we cancel your order. You may cancel your subscription at any time by accessing your account online. Any cancellation of your subscription must be received by us at least one (1) day prior to the next scheduled payment date in order to take effect for that period. If you cancel less than one (1) day prior to the automatic renewal day for your subscription, your subscription will continue as scheduled and your cancellation will take effect in the following period.

PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS.

Following any cancellation, however, you will continue to have access to the service through the end of your current billing period.

CERTIFICATION AND DISCLAIMER OF AFFILIATION WITH ACCREDITATION BODY

Our content is offered by use for your personal use and information purposes only and do not make you eligible for certification by any governing or accreditation body to teach fencing. We are not a member of any fencing -related governing or accreditation body and therefore cannot guarantee that the curriculum meets the standards developed by such organizations. To the extent we offer certification, it is coming from us directly and there is no guarantee that any third party will recognize such certification and allow you to teach fencing. Further, you expressly waive and release Bida Foundation Online, its directors, principals, instructors, employees, affiliates and representatives of any claim arising from or in connection with teaching fencing or a violation of the terms as provided herein.

YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT, AND THAT BY USING OR ACCESSING THE Website or Application, YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN.