If in this Agreement & Disclaimer ("Agreement") "you" and "your" refer to each customer or website visitor, "we", us" and "our" refer to The Martial Way, Self Defense and Fitness its contractors, agents, employees, officers, directors and affiliates (hereinafter "Eagle's Nest Balintawak, ENB") and "Services" refers to the services provided by us.

 

THE EAGLE'S NEST PROVIDES THIS SITE AND RELATED SERVICES SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH HEREIN. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY.

 

DISCLAIMER

 

THIS SITE IS PROVIDED AS-IS WITH NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ASSUME COMPLETE RESPONSIBILITY AND RISK FOR USE OF THIS SITE AND ANY AND ALL SITE-RELATED SERVICES. Some jurisdictions do not allow the exclusions of implied warranties, so the above exclusion may not apply to you.

 

THE EAGLE'S NEST, ITS AGENTS, REPRESENTATIVES AND EMPLOYEES ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THIS SITE, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR ITS SERVICES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.

 

THE EAGLE'S NEST SHALL NOT BE LIABLE TO YOU OR YOUR BUSINESS FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOST OR IMPUTED PROFITS OR ROYALTIES ARISING OUT OF THIS AGREEMENT OR ANY GOODS OR SERVICES PROVIDED, WHETHER FOR BREACH OF WARRANTY OR ANY OBLIGATION ARISING THEREFROM OR OTHERWISE, WHETHER LIABILITY IS ASSERTED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY) AND IRRESPECTIVE OF WHETHER YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE. EACH PARTY HEREBY WAIVES ANY CLAIMS THAT THESE EXCLUSIONS DEPRIVE SUCH PARTY OF AN ADEQUATE REMEDY.

 

The Eagle's Nest Balintawak at its sole discretion, may choose to change the terms, conditions and operation of this Web site at anytime. By using this service the user waives any rights or claims it may have against the Eagle's Nest Balintawak.

 

The content available through the site is the sole property of the ENB or its licensors and is protected by copyright, trademark and other intellectual property laws. Except as otherwise explicitly agreed in writing, The ENB owned content received through the site may be downloaded, displayed, reformatted and printed for your personal, non-commercial use only. Content owned by the ENB licensors may be subject to additional restrictions. You agree not to reproduce, re-transmit, distribute, disseminate, sell, publish, broadcast or circulate the content received through the site to anyone, including but not limited to others in the same company or organization without the ENB express prior written consent.

 

LINK DISCLAIMER

 

Links to other sites are provided only as a courtesy to the ENB customers. These links do not constitute an endorsement of products, services or information provided by other sites. Further, the inclusion of links to other sites does not imply that the other sites have given permission for inclusion of these links, or that there is any relationship between the ENB and the linked site. The ENB is not responsible for the privacy practices or the content of others web sites. The ENB hereby disclaims any representations or warranties expressed on any site other than our own.

 

COPYRIGHT

 

All content within this site, including, but not limited to text, software, graphics, logos, icons and images are the property of the ENB. Except as provided herein, no portion of the materials on these pages may be reprinted or republished in any form without the express written permission of the firm. Permission is granted to print copies of informational articles for your own use and review, provided that source attributions and copyright notices are maintained.

 

TRADEMARK

 

We reserve all of our rights in the graphic image and text, any other images, our trade names and trademarks, and any intellectual property rights. The ENB trade names, trademarks, logos and service names and similar proprietary marks shall not be reprinted or displayed in any form without the express written permission of the ENB. The unique trade address of the site is also a service mark of the Eagle's Nest Balintawak.

 

EMAIL TRANSMISSIONS

 

Our site uses an online secure order form for customers to apply for our services. When you send the ENB an electronic mail transmission (as distinguished from a secure order form, which is encrypted), the electronic mail transmission is not necessarily secure and is not encrypted. Accordingly, email transmissions are not necessarily protected from unauthorized access. Transmission of email is at your own risk. The ENB cannot accept responsibility for your transmission of confidential information or any obligation with respect to that information not submitted over the secure server.

 

GOVERNING LAW

 

You agree that, if an agent for you (i.e., an Internet Service Provider, employee, etc.) purchased our Services on your behalf, you are nonetheless bound as a principal by all terms and conditions herein.

 

The Eagle's Nest Balintawak may modify these terms of use at any time by making such modification on this page.

 

BY USING THIS SITE AND/OR ANY SERVICES RELATED THERETO, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THE TERMS OF USE.

All documents are hereby incorporated into this Terms of use Agreement and Disclaimer by reference.