The following terms and conditions govern all use of this website and all content and services available at or through this website (herein referred to as the "Services"). “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service.
The British Ninja, Cognitive Kali, Gridiron Combatives & Paul McCarthy (herein referred to as “TBN Programs”) services are owned and operated by Paul McCarthy. The Services offered are subject to your acceptance, without modification, of all the terms and conditions contained herein and all other rules and policies (including, without limitation, our Privacy Policy) and other procedures that may be published from time to time on this website by TBN Programs (collectively referred to as the "Agreement").
Please read this Agreement carefully before further using our website or ordering services. By accessing and using our website or by ordering Services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all of the terms and conditions then you may not access the website or use our Services. If these terms and conditions are considered an offer by TBN Programs, acceptance is expressly limited to these terms.
If you login on the Services, you are responsible for maintaining the security of your account, the accuracy of information associated with your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Services. You must immediately notify TBN Programs of any unauthorized uses of your account or any other breaches of security. TBN Programs will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
TBN Programs reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes. TBN Programs may also, in the future, offer new services and/or features through cognitivekali.com, britishninja.com or gridironcombatives.com and the Services (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
We have not reviewed, and cannot review, all external material, made available through the websites and web pages to which this website links, and that link to this website. TBN Programs does not have any control over external websites and web pages, and is not responsible for their contents or their use. By linking to an external website or webpage, TBN Programs does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, trojan horses, and other harmful or destructive content. TBN Programs disclaims any responsibility for any harm resulting from your use of external websites and web pages.
This Agreement does not transfer from TBN Programs to you any TBN Programs or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with TBN Programs. The British Ninja, Cognitive Kali, The Cognitive Kali Online Training Program, cognitivekali.com, cognitivekali.online, britishninja.com, gridironcombatives.com, the Cognitive Kali logo, and all other trademarks, service marks, graphics and logos used in connection with cognitivekali.com, or the Services are copyright, trademarks or registered trademarks of TBN Programs or TBN Programs licensors. Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any TBN Programs or third-party trademarks.
TBN Programs may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement you may simply discontinue using the Services, TBN Programs & cognitivekali.com. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
In no event will TBN Programs, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data. TBN Programs shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless TBN Programs, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Services or cognitivekali.com, & TBN Programs including but not limited to your violation of this Agreement.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. TBN Programs may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
You agree not to alter or modify any part of the Service. You agree not to access content through any technology or means other than the video playback pages of the Service itself. You agree not to use the Service for any of the following commercial uses unless you obtain TBN Programs prior written approval: the sale of access to the Service; the sale of services you provide using the name ‘Cognitive Kali’ ‘British Ninja’ or ‘Gridiron Combatives’
You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of TBN Programs or the respective licensors of the Content.You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
You agree that your use of the service shall be at your sole risk. To the fullest extent permitted by law, TBN Programs its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the services and your use thereof. TBN Programs makes no warranties or representations about the accuracy of completeness of this site’s content or the content of any sites linked to this site and assumes no liability or responsibility for any (I) Errors, mistakes or inaccuracies of content (II) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our services, (III) any unauthorized access to or us of our site and/or any and all personal information and/or financial information stored therein, (IV) any interruption or cessation of transmission to or from our services, (V) any bugs, viruses, trojan horses, or thee like which may be transmitted to or through our services by any third party, and/or (VI) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the services. TBN programs does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the services or any hyperlinked services of featured in any banner or other advertising, and TBN programs will not be a party to or in any way be responsible for monitoring any transaction between you and third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgement and exercise caution where appropriate.
In no event shall TBN Programs, its officers, directors, employees, and agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (I) errors, mistakes, or inaccuracies of content, (II) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our services, (III) any unauthorized access to or use of our site and or any and all personal information and or financial information stored therein, (IV) Any interruption or cessation of transmission to or from our services, (IV) Any bugs, viruses, trojan horses, or the like which may be transmitted to or through our service by any third party, and/or (V) any errors of omissions in any content or for any loss of damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the services, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages thee forgoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
The British Ninja & Cognitive Kali, Gridiron Combatives and Paul McCarthy (hereafter referred to as 'TBN Programs' and all its web sites provide this web site as an informational service only. While the information contained within the site is periodically updated, no guarantee is given that the information provided in this website is correct, complete, and/or up-to-date. The information contained within this website is provided for general information purposes only. It is provided to assist you in your movement training. It is NOT a substitute for or an addition to any advice given to you by your doctor or physician, and does not constitute legal or other professional advice on any subject matter. Prior to undertaking in any physical activity, you should consult with your Doctor or Physician. 'TBN Programs' its web sites do not accept any responsibility for any loss which may arise from reliance on information contained on this site.
Permission is given for the login and streaming of one or more of these pages for the purpose of viewing on a personal computer or mobile device. The contents of this site are protected by copyright under international conventions and, apart from the permission stated, the reproduction, permanent storage, or re-transmission of the contents of this site is prohibited without the prior written consent of 'TBN Programs' and its web sites. This web site and its contents are provided “AS IS” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Reproduction, distribution, republication, and/or re-transmission of material contained within this website are prohibited unless the prior written permission of 'TBN Programs' has been obtained.
Video training content is provided for practice purposes only. Avoid hurting yourself or other people. Only use martial arts techniques to defend yourself in extreme situations. Note that there may be variances when comparing video content to content taught during in person instruction. I agree to have my video on at all times during livestreamed virtual programs/classes/coaching sessions etc... Accredited and certified instructors may alter, enhance, or expand upon this material as they see fit. Always consult a qualified medical professional before beginning any nutritional, cognitive or exercise program. Never disregard professional medical advice or delay in seeking it because of something you have read or seen in this site. Any content or information provided by 'TBN Programs' or its web sites is for informational and educational purposes only and any use thereof is solely at your own risk. 'TBN Programs' or its websites bears no responsibility.
I acknowledge and state that I have voluntarily applied to join, to become a member of and to participate in the activities and services of Paul McCarthy, The British Ninja, Gridiron Combatives and/or Cognitive Kali (henceforth referred to as "TBN Programs" including but not limited to all martial arts styles, techniques, drills and activities, online video streaming, seminar and workshop movement activities etc..
I am aware and understand that in general martial arts and movement activities are dangerous and hazardous activities and in particular the instruction techniques and methods of the arts of TBN programs all in which as a member of TBN programs, I shall be instructed and participating involved extremely dangerous and hazardous activities. I am voluntarily and of my own free will submitting an application for membership and becoming a member and learning and participating in the activities with full knowledge and understanding of the serious danger and hazards involved. I hereby consent and agree to completely accept alone and all risks of injury and death.
In consideration for (a) being accepted as a member of TBN programs (b) being instructed of and about the martial arts (c) being entitled to participate in any and all activities conducted and sponsored in whole or in part by TBN programs and (d) being permitted to use any and all of the TBN programs facilities and equipment, whether owned or leased by TBN programs in connection with TBN programs its activities or otherwise. I hereby agree that I, my heirs, distributes, guardians, successors in interest and legal representatives (collectively the ‘releasor’) will not make a claim or file an action or suit against , sue, or attach the property of TBN programs and/or its affiliated organizations, and/or the directors, officers , shareholders, agents or members of TBN programs or any of its affiliated organizations and (b) any of all manufacturers, distributors, wholesalers, suppliers, and/or retailers of the facilities and equipment I will use in connection with any and all activities conducted and/or sponsored in whole or in part by TBN programs group (collectively referred to as the suppliers) for damages injury, emotional distress claims, bodily injury claims and /or punitive damages, whether known or unknown, foreseen or not, due to or resulting from the acts, conduct, negligence, or misfeasance of, or omissions or failures to act by the releases or any of them.
Releasor, covenants and warrants that he or she is familiar with the provisions of California Civil Code Section 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.
Releasor fully and forever waives and foregoes any and all rights and benefits under CA Civil code section 1542. This release shall be binding upon releaser, his executors, privies, administrator and successors in interest. In further consideration of (a) being accepted as a member of TBN programs (b) being instructed of and about TBN programs arts (c) being entitled to participate in any and all of the activities conducted or sponsored in whole or in part by TBN programs and (d) being permitted to use any of the TBN programs facilities and equipment, whether owned or leased by TBN programs, in connection with TBN programs, its activities or otherwise, I hereby agree that this release from liability shall be interpreted under and construed in accordance with CA law only without the benefit of and fully disregarding all CA conflicts of laws provisions, so that any and all disputes, contentions, disagreements or controversies arising from or related to this (a) release from liability.
The application for membership in TBN programs (c) my membership in the TBN programs (d) my instruction of and about the TBN programs activities or (e) my participation in any and all activities conducted or sponsored in whole or in part by TBN programs or TBN programs. Shall be interpreted under and in accordance with only CA law regardless of my domicile, or residency; and that the court in which an action or suit may be under and in accordance with only CA law regardless of my domicile or residency and that the only court in which an action or suit may be brought in connections with the foregoing shall be the court of original jurisdiction of the state of CA situated in the County of Los Angeles.
Further I waive any right I may have (i) to a jury trial in said court or original jurisdiction and (ii) to assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this release, and I stipulate that the California courts shall have in personam jurisdiction and venue over me for the purpose if litigating any dispute, controversy or proceeding arising out of or related to this release or the TBN programs.
I hereby acknowledge and understand that the performance, practice and utilization of TBN programs arts involves extremely strenuous physical activity and that I have been advised to consult a physician before commencing and undertaking such activity. I hereby represent that, to the best of my knowledge, I am in good physical health and condition, sufficient to undertake the activities and practices constituting TBN programs as they have been described or demonstrated to me by TBN programs.
I understand that during the event (classes, the arts) no photographs may be taken, and audio and video recording is strictly prohibited, without the prior express written consent of the event sponsors, In addition, should I obtain prior written permission to take photographs. I agree that such photographs shall only be used by me and by no one else, for my own personal use and not for commercial gain of for any other purpose. All photographs video and or audio tapes of events, classes (the arts etc…) are the sole property of TBN programs.
By continued use of the services I declare that I have carefully read this release from liability and that I fully understand the meaning and importance of its contents. I acknowledge that this release is a binding contract among the complete sponsors, the suppliers and me, and that under this contract I am releasing the complete sponsors and the suppliers from all liability claims I may have against them. I further declare and represent that I am at least 18 years of age, that I have full legal capacity to be bound by this contract and that I agree to this agreement of my own free will and accord.
For Private Coaching/Instruction/Consulting, if a client is more than 15 minutes late for a scheduled session that session may be cancelled by the instructor. If a client cancels or changes the day/time of a session less than 24 hours or more in advance they will be charged for that session.