TERMS AND CONDITIONS

The following terms of service (these “Terms of Service”), govern your access to and use of BULLY DEFENSE 101 LLC services, including any content, functionality and services offered on or through www.bullydefense101.com (the “Site or website”)

 

Please read the Terms of Service carefully before you start to use the Site. By accessing, browsing, registering to use the Site, or Services or by clicking to accept or agree to the Terms of Service & our privacy policy when this option is made available to you, you acknowledge that you have read, understood accept and agree to be bound and abide by these Terms of Service, our Disclaimer(s) and our Privacy Policy, incorporated herein by reference. If you do not agree to these Terms of Use, Disclaimer(s) & Privacy Policy, do not use any portion of the Site, or the Services. Failure to use the Site in accordance with these Terms & Privacy Policy may subject you to civil and criminal penalties.

If you do not agree with all of the provisions of this agreement, you cannot use the Services. To remove any doubt, in the event of any conflict or discrepancy between these Terms and conditions and any other provisions and/or terms and/or otherwise between us and you, the provisions and the terms of these Terms of Use will prevail. Please feel free to contact us with any questions regarding the content of this agreement.

 

  1. USAGE/ ELIGIBILITY

You will use this site in a manner consistent with any, and all, applicable laws, legislation, rules and regulations. We advise that the site be used under the supervision of a Parent and/or guardian as we will not knowingly extract information from minors. You agree to release BULLY DEFENSE 101 LLC and its directors, affiliates and employees from any liability owing to usage of the service by a minor without supervision of a parent and/or guardian. If you violate any restrictions in these terms, you agree to indemnify BULLY DEFENSE 101 LLC for any losses, costs or damages, including reasonable legal fees, incurred by BULLY DEFENSE 101 LLC in relation to, or arising out of, such a breach.

 

  1. ACCEPTANCE OF TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you” or “your” or “user”) and BULLY DEFENSE 101 LLC, (“BULLY DEFENSE 101”, “we”, “us” or “our”), concerning your access to and use of www.bullydefense101.com or any other company website. You agree that by accessing the Site, you have read, understood, and agree to be bound by the terms and conditions and Privacy Policy incorporated.  IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

In these Terms, “you” and “your” refer to the individual or entity that uses the Site, or Services. “We”, “us”, or “our” refer to BULLY DEFENSE 101. In addition, in these Terms, unless the context requires otherwise, words in one gender include all genders and words in the singular include the plural and vice-versa.

 

  1. ABOUT BULLY DEFENSE 101 SERVICES

BULLY DEFENSE 101 LLC, carries on its business activities in the United States. We are an online Learning company, that streams live classes/trainings to parents to watch and learn with their children. We also make available on our E-commerce platform pre-recorded online educational trainings for our esteemed users.

Our program contents are designed to ensure that the user learns how to handle the bully with your mind, with your words and even physically, if needed. Parents will have the option to purchase the program watch, learn and practice the content with their children.

What the program will include:

  • ADVICE and training/coaching on building confidence
  • ADVICE and training/coaching on avoidance, evasion, awareness, etc.
  • ADVICE on holistic ways to deal with depression
  • ADVICE on Suicidal Thoughts and what to do / where to go for help (this will also be posted as a free online video resource to anyone who might need it – on the website and on social media)
  • SELF-DEFENSE / MARTIAL ARTS TRAINING PROGRAM for the parents and child to do together at home. This will be digital / video training. And advertised as a “for beginners” program.
  • Depending on the scope of purchase, a HARD PRODUCT MIGHT SHIP: where a pair of training gloves might be purchased to ship for the child, and a pair of focus mitts / pads ship for the parent to hold and have the child punch / kick etc. along with the training modules.

Program outline:

  • Online Educational Platform: parents will purchase training program, create their own log in and password, and log in to watch the content together with their child (delivered via Instructional Videos, and downloadable .pdf workbooks / journals / etc.). At no time will BULLY DEFENSE 101 ask for the child’s name, to create an avatar or log on, or ask for any info on the child (see COPPA below)
  • Educational program includes “Advice” (life coaching, confidence training, etc)
  • Educational program includes “Advice” (holistic ways to deal with depression, and also help the child deal with the bully’s challenges when they feel hurt)
  • We assembled a team that included professionals including a Psychologist, a championship sports mental coach, and professor of Psychology, to help deliver the services.
  • Educational program includes “Advice” (steps to avoid suicide – which will be a free resource)
  • Educational program includes “Self-defense / martial arts training at home for parent and child” where parent and child watch video, then train beginning self-defense.

You are advised that our Holistic Training sessions should not be substituted in place for medical treatments. We are not medical practitioners, and this is NOT a medical treatment program. Before taking action based on any such information, we encourage you to consult with the appropriate professionals.

If you are currently seeing a doctor, we advise that you continue to see them. If you are on medication, keep to your medication and do not make any changes unless supervised by your doctor. We would also encourage users of this service, to talk to a qualified mental health professional about ANY mental health issues you might be concerned about, like depression or anxiety.

 

The use of the pre-recorded training materials available for downloads and the self-defense trainings, holistic trainings, coaching trainings (collectively the ‘services’), on www.bullydefense101.com cannot and does not contain any legal, medical, or any other professional advice. All information provided on our Site is for general informational and educational purposes ONLY. Some of these materials are designed to support you in making positive changes in your life or business. They are not a replacement for any medical or psychological treatment.

You should NOT take any information on our Site as a substitute for professional MEDICAL advice. Before taking action based on any such information, we encourage you to consult with the appropriate professionals.

We will do our best to ensure suitability of our audios and sessions to suit the needs of the user.

YOUR ACCESS TO, USE OF, AND RELIANCE ON ANY INFORMATION PROVIDED ON OUR SITE IS SOLELY AT YOUR OWN RISK.

 

  1. EXCLUSION OF LIABILITY FOR EXTERNAL LINKS

The Website may provide links to external Internet sites. BULLY DEFENSE 101 hereby declares explicitly that it has no influence on the layout or content of linked pages and dissociates itself expressly from all contents of all linked pages of third parties. BULLY DEFENSE 101 shall not be liable for the use or content of Internet sites that link to this site or which are linked from it. Our privacy and cookie notice do not apply to any collection and processing of your personal data on or through such external sites.

 

  1. INTELLECTUAL PROPERTY

Unless otherwise indicated, the Site is our proprietary property and all pre-recorded course materials accessible for downloads, source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.

Copyright

All content is subject to copyright laws. No content may be republished, sold, hired, or resold without the express written consent from BULLY DEFENSE 101, including but not limited to downloads, either whole or in part.

  1. YOUR REPRESENTATIONS

By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use (4) you are not under the age of 18; (5) you are not a minor in the jurisdiction of which you reside, or if a minor, you have received parental permission to use the Site; (6) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (7) you will not use the Site for any illegal or unauthorized purpose and (8) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

  1. 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 timelier 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, including these Terms of Service and the Privacy Policy.

 

  1. USER LICENSES

In consideration for your acceptance of this Agreement and your payment of all applicable Fees (as defined below), BULLY DEFENSE 101 grants you a personal, limited, non-exclusive, non-sublicensable, non-transferable, revocable license to access and use the Site, the Services and the pre-recorded course materials available for downloads, are solely for your own personal purposes.

You may access and use the Site, Services and the downloads only in accordance with any instruction manuals, user guides and other documentation as made available by BULLY DEFENSE 101 from time to time (“Documentation”).

This is the grant of a license, not a transfer of title, and under this license you may not:

(1) print (except for the limited license permitted by individuals over the age of 18, as stipulated in section 5 of the terms of condition of use), copy, modify, display, transmit, distribute, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Web Site or any information or materials retrieved therefrom;

(2) create compilations or derivative works of the Web Site or any other materials from the Web Site;

(3) use materials from the Web Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of Provider or any third parties;

(4) make any portion of the Web Site available through any timesharing system, the Internet, or any other technological innovations

(5) remove, disable, or change any functionality or appearance of the Web Site;

(6) decompile, disassemble, reverse engineer or any Web Site software or use any network monitoring device

(7) use the Web Site for the purpose of gathering information for or transmitting (a) unsolicited commercial email; (b) email that makes use of Provider’s name or trademarks, including in connection with invalid or forged headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (c) unsolicited telephone calls;

(8) use the Web Site in a manner that violates any state or federal laws.

 

  1. This license shall automatically terminate if you violate any of these restrictions and may be terminated by BULLY DEFENSE 101 at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

 

  1. PRICING & MODE OF PAYMENT

To ensure you efficiently use the service, we charge a fee for our online live classes and also for you to gain access to download the pre-recorded materials from the site. We also offer a range of subscriptions available to provide seamless access to live small and large art classes, regularly.

We accept PayPal and Credit Cards Payment. Our Payment Processor is Stripe. The following Credit Cards may be accepted on the site;

  • Visa
  • Mastercard
  • American Express
  • Discover
  • JCB
  • Diners Club
  • Elo
  • Shop Pay
  • Apple Pay
  • Google Pay

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, billing/mailing address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We bill you through an online billing account for purchases made via the Site. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars.

You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to change pricing as set forth on the site.

 

  1. INDEMNIFICATION.

To the fullest extent permissible by law, we exclude and disclaim all warranties, terms, conditions and representations that might otherwise be implied by law in relation to this Website. In particular, we do not represent or warrant that the Website will be error-free, free of viruses or other harmful components, or that defects will be corrected. You must take Your own precautions in this respect.

We do not accept liability for any failure to maintain the Website and/or late or failed delivery of any Materials purchased through our Site.  We shall not be liable, under these Terms and Conditions for any indirect, special, incidental or consequential damages or otherwise, even if advised of the possibility of such damages.

We shall not be liable for any loss caused as a result of Your actions or inactions based on the Bully defense 101 Materials available on this Website.   You remain responsible for your own actions and decisions at all times.

 In accordance with these Terms and Conditions, nothing shall affect Your statutory rights, and nothing in these Terms and Conditions shall exclude our liability for:

  • death or personal injury arising through negligence
  • fraudulent misrepresentation; and/or
  • anything else that cannot be excluded or limited by us under English Law.

You agree to compensate us and our respective directors, officers, employees, and applicable third parties in full from and against all third-party claims, liabilities, losses and expenses (including reasonable legal fees) suffered by such persons arising out of, or related to or which may arise from Material on this Site and/or any breach by Your use of any term of these Terms and Conditions.

 

  1. PROHIBITED USES

You may not access or use the Site for any purpose other than that for which we make the available. The site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

  1. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  2. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
  3. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as (but not limited to) user passwords.
  4. Make improper use of our support services or submit false reports of abuse or misconduct.
  5. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  6. Interfere with, disrupt, or create an undue burden of the Site or the networks or services connected to the Site.
  7. Attempt to impersonate another user or person or use the username of another user.
  8. Use any information obtained from the Site in order to harass, abuse, or harm another person.
  9. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
  10. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
  11. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
  12. Delete the copyright or other proprietary rights notice from any Content.
  13. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  14. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any parties’ functions, operation, or maintenance of the Site.
  15. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or pcms”).
  16. Except as may be the result of standard search engine or Internet browser usage, use launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
  17. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
  18. Use the Site in a manner inconsistent with any applicable laws or regulations.
  19. Use content without proper attribution
  20. Use content in a fashion that does not comply with the content’s specific licensing

 

  1. CANCELLATION

All transactions on the site are complete and final and we offer no refunds or money bank guarantees. However, if you wish to cancel your subscription, please email us at support@bullydefense101.com anytime ahead of your subscription renewal date. If this falls over a weekend, we will need 24 hours’ notice prior to the weekend to cancel. Cancellation requests after this date will be processed for the following month. Refunds will not be issued for delayed cancellation requests. Please note that refunds shall be subjected to our discretion as we deem fit and applicable to your situation.

 

  1. DISCLAIMERS.

Your access to and use of the services and content provided on www.bullydefense101.com  are at YOUR OWN RISK. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, (BULLY DEFENSE 101 ENTITIES are BULLY DEFENSE 101 founders, officers, directors, employees, agents, representatives, and partners) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, and OR NON-INFRINGEMENT.

BULLY DEFENSE 101 make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from BULLY DEFENSE 101 or through the Services, will create any warranty not expressly made herein.

The Services may contain links to third-party websites or resources. You acknowledge and agree that the BULLY DEFENSE 101 is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by BULLY DEFENSE 101 of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BULLY DEFENSE 101 SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BULLY DEFENSE 101 EXCEED THE AMOUNT PAID FOR THE SERVICES. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, AND TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT BULLY DEFENSE 101 HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

We reserve the right to change any and all Content and to modify, suspend or stop providing access to the Sites (or any features or functionality of the Sites) and the Products at any time without notice and without obligation or liability to you. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, and vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this Section may not apply to you.

 

Limitation of Liability for Use of Service. While all persons associated directly or indirectly with this site, downloads and video use their best efforts in preparing the content, there is no express or implied representations, guarantees or warranty with respect to the accuracy or completeness of the content of the videos, including any content, links or resources shared, including those by third parties. Furthermore, all parties specifically disclaim any and all express or implied warranties of merchantability, guarantees, or fitness for a particular purpose. The advice and strategies contained herein, if any, may not be suitable for your situation. No liability or damages shall take place because of this video and/or content.

By watching this and all related videos herein, you agree to be bound by the disclaimer at: www.BullyDefense101.com/disclaimer.

No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, except as permitted under the United States Copyright Act, and/or without the prior express written permission of Bully Defense 101 LLC, or Kevin Daniels.

 

  1. CHANGES

If BULLY DEFENSE 101 decides to change these general terms and conditions, we will post the changed terms and conditions on the Website. You are advised to regularly check whether they have changed. Existing contracts will not be affected by such changes.

 

  1. GOVERNING LAW AND JURISDICTION

This general terms and conditions in relation to the use of www.bullydefense101.com,  is hereby governed by, and constructed and enforced in accordance with the laws of the California. The competent courts in Orange County, California, shall have the exclusive jurisdiction to resolve any dispute between you and BULLY DEFENSE 101.

  1. Remedies for Violations.   If a party violates ‘any’ of the terms and conditions of use, BULLY DEFENSE 101 LLC and all its agents reserve the right to seek all remedies available for violations of, including but not limited to right to block access from a particular Internet address to any of the Provider’s Web Sites and their features.
  2. Governing Law, Jurisdiction and Non-Waiver.   These terms and conditions shall be construed in accordance with the laws of the State of California and any action arising out of or relating to these terms shall be commenced or otherwise filed only in state court located in the venue known as Orange County, California. You expressed consent and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such action. The failure of either party to enforce any rights hereunder shall not constitute a waiver of any terms or conditions of these Terms and Conditions of Use.
  3. Mediation/Arbitration Provision.   Any dispute, claim or controversy arising out of, or relating to this web site and/or this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in the State of California before one arbitrator in the Orange County venue.  Judgment on the Award may be entered in any court having jurisdiction.  This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

Prior to the appointment of the arbitrator, and within 10 days from the date of commencement of the arbitration, the parties shall submit the dispute to non-binding mediation.  The parties will cooperate with the selected facility and with one another in selecting a mediator from said facilities panel of neutrals, and in promptly scheduling the mediation proceedings.  The parties covenant that they will participate in the mediation in good faith, and that they will share equally in its costs.

All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts and attorneys, and by the mediator or any employee of the mediation service, are confidential, privileged and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation.  If the dispute is not resolved within 30 days from the date of the submission of the dispute to mediation (or such later date as the parties may mutually agree in writing), the administration of the arbitration shall proceed forthwith.

The mediation may continue, if the parties so agree, after the appointment of the arbitrators.  Unless otherwise agreed by the parties, the mediator shall be disqualified from serving as arbitrator in the case.  The pendency of the mediation shall not preclude a party from seeking provisional remedies in aid of the arbitration from a court of appropriate jurisdiction, and the parties agree not to defend against any application for provisional relief on the ground that a mediation is pending.