Terms of Use

Welcome to the Aikiway.com website. This site is owned by Aikiway Professional Development and Michael Chojnacki who respects the privacy of its Users. The terms and conditions of the Aikiway.com Privacy Policy are incorporated herein by reference. By agreeing to use this site, you, the User, consent to these terms of use.

In addition, any access, viewing, or use by the User of Aikiway.com website, including ordering books, audio or videos files, CDs, DVDs, and other products or services from Aikiway Professional Development pursuant to any offer contained herein, will be considered by Aikiway Professional Development to be your acceptance of this Agreement. We provide website features to you subject to the following conditions. If you visit or order any product or service from Aikiway.com website, you accept these conditions. Please read them carefully.

Proprietary Rights

User acknowledges that the Aikiway.com website contains Content that are protected by copyrights, trademarks, trade secrets, intellectual property, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. User may not upload, post, reproduce, or distribute in any way Content without obtaining permission of the owner.

Third-Party Content

In some instances, the Content available through the Aikiway.com website represents the opinions and judgments of the respective third party providing such Content. Aikiway.com website neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on the Aikiway.com website by anyone other than Aikiway.com. Under no circumstances shall Aikiway.com website, Michael Chojnacki or its affiliates, or any of their officers, directors, employees, or agents be liable for any loss, damage or harm caused by a User's reliance on information obtained through the Aikiway.com website. It is the responsibility of User to evaluate the information, opinion, advice, or other Content available through the Aikiway.com website and Aikiway Professional Development.

Termination of Usage

Aikiway.com may suspend or terminate any User's access to all or any part of the Aikiway.com website including any account thereon, without notice, for any reason at Aikiway.com and Aikiway Professional Development's sole discretion.

Disclaimers and Limitations of Liability

THE AIKIWAY.COM Website IS PROVIDED BY MICHAEL CHOJNACKI ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, MICHAEL CHOJNACKI DISCLAIMS ALL IMPLIED WARRANTIES.

WITHOUT LIMITING THE FOREGOING, MICHAEL CHOJNACKI MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE AIKIWAY.COM Website, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE AIKIWAY.COM Website WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE AIKIWAY.COM Website; OR (IV) THAT THE AIKIWAY.COM Website, ITS SERVERS, OR E-MAIL SENT FROM OR ON BEHALF OF AIKIWAY.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

MICHAEL CHOJNACKI DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE AIKIWAY.COM Website OR ANY RELATED SERVICES. THE OPERATION OF THE AIKIWAY.COM Website MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF AIKIWAY PROFESSIONAL DEVELOPMENT, OR MICHAEL CHOJNACKI.

UNDER NO CIRCUMSTANCES SHALL MICHAEL CHOJNACKI OR AIKIWAY PROFESSIONAL DEVELOPMENT BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE AIKIWAY.COM Website, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE AIKIWAY.COM Website OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO AIKIWAY.COM RECORDS, PROGRAMS, OR SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE AIKIWAY.COM Website.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.

Acknowledgement

The Terms of Use, including all documents referenced herein, represents the entire understanding between User and Aikiway.com regarding User's relationship with Aikiway.com and supersedes any prior statements or representations. When using the Aikiway.com website or making a purchase there from, USER AGREES TO BE BOUND BY THESE TERMS OF USE.

Modification

Michael Chojnacki reserves the right to make changes to the Aikiway.com website, posted policies and these Terms of Use at any time without notice. These Terms of Use were last revised on October 10, 2012.

Payment Terms: Aikiway.com and Aikiway Professional Development accept PayPal as our third party payment services. When you purchase from Aikiway.com website and use PayPal for your purchase, You, the User are subject to the terms and conditions of agreement set forth by PayPal. You, the User, represent that the credit card you use to purchase products and services on the Website belongs to you and it is within your authority to make charges on the credit card. Please be sure to provide your exact billing address and telephone number, the address and telephone number your credit card company has on file for you. Incorrect information will cause a delay in processing your order, for which Aikiway Professional Development and Aikiway.com are not liable. You authorize us to charge you for any products or services purchased on the Website using your credit card. The credit card will be automatically billed when there is a balance due and this may occur within the same business day as the purchase. All currency references are in U.S. dollars.

Download Audio MP3 Terms of Use

THIS IS AN AGREEMENT BETWEEN YOU, THE USER, AND AIKIWAY PROFESSIONAL DEVELOPMENT, AT AIKIWAY.COM Website. BEFORE USING THE AIKIWAY PROFESSIONAL DEVELOPMENT MP3 AUDIO DOWNLOAD SERVICE PLEASE READ THESE TERMS OF USE, ALL RULES AND POLICIES RELATED TO THE SERVICE (INCLUDING, BUT NOT LIMITED TO, ANY PRODUCT-SPECIFIC RULES OR USAGE PROVISIONS SPECIFIED ON ANY PRODUCT DETAIL PAGE OR IN ANY LINK FROM A PRODUCT DETAIL PAGE), IF YOU USE THE SERVICE, YOU WILL BE BOUND BY THE TERMS OF USE IN OUR GENERAL TERMS OF USE AND IN THESE DOWNLOAD TERMS OF USE.

  1. The Service

    The Service offers downloads of digitized versions of audio recordings and information relating to such audio recordings, and other content (individually and collectively, "Digital Content") and other services under the terms and conditions in the Terms of Use.

  2. Digital Content

    Rights Granted. Upon your payment of our fees for Digital Content, we grant you a non-exclusive, non-transferable right to use the Digital Content for your personal, non-commercial, entertainment use, subject to and in accordance with the Terms of Use. You may copy, store, transfer, and burn the Digital Content only for your personal, non-commercial, entertainment use, subject to and in accordance with the Terms of Use.

    Restrictions. You represent, warrant and agree that you will use the Service only for your personal, non-commercial, entertainment use and not for any redistribution of the Digital Content or other use restricted in this Section. You agree not to infringe the rights of the Digital Content's copyright and to comply with all applicable laws in your use of the Digital Content. Except as set forth above, you agree that you will not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, license, or otherwise transfer or use the Digital Content without our express permission. You are not granted any synchronization, public performance, promotional use, commercial sale, resale, reproduction, or distribution rights for the Digital Content. You acknowledge that the Digital Content embodies the intellectual property of Aikiway Professional Development, Michael Chojnacki, and Aikiway.com website, and is protected by law. 

    All Sales Final; Downloading and Risk of Loss; Availability of Digital Content. All sales of Digital Content are final. We do not accept returns of Digital Content; downloads are not returnable, exchangeable, or refundable. You bear all risk of loss after purchase and for any loss of Digital Content you have downloaded, including any loss due to a computer or hard drive crash. We may, from time to time, remove Digital Content from the Service without notice.

  3. Reservation of Rights

    Except for the rights explicitly granted to you in this Terms of Use, all right, title and interest in the Service and the Digital Content are reserved and retained by Aikiway Professional Development, Michael Chojnacki, and Aikiway.com website. You do not acquire any ownership rights in the Digital Content as a result of downloading Digital Content.

  4. General

    Damages Cap. Without limiting the Disclaimer of Warranties and Limitation of Liability in the Aikiway.com website and Aikiway Professional Development Conditions of Use: (i) in no event shall our or our Digital Content total liability to you for all damages arising from your use of the Service, the Digital Content, or information, materials or products included on or otherwise made available to you through the Service exceed the amount you paid to purchase, on the Service, the Digital Content related to your claim for damages. These limitations will apply to you even if the remedies fail of their essential purpose.

    Termination; Amendments Your rights under the Terms of Use will automatically terminate without notice from us if you fail to comply with any of their terms. In case of such termination, you must cease all use of the Digital Content, and we may immediately revoke your access to the Service without notice to you and without refund of any fees. Our failure to insist upon or enforce your strict compliance with the Terms of Use will not constitute a waiver of any of our rights. We may amend any of the Terms of Use at our sole discretion by posting the revised terms on the Service's website. Your continued use of the Service or the Digital Content after any such amendment's effective date evidences your agreement to be bound by it.

Other

Aikiway Professional Development reserves the right to change prices listed without notice.  All orders for products are subject to availability.  Aikiway Professional Development reserves the right to refuse to supply to any individual or company for any reason.

Although using the latest encrypted security software, the security of information and payments transmitted via the Internet cannot be guaranteed.  Any losses incurred or sustained by Users who transmit information by means of E-mail or other Internet links shall be borne solely and exclusively by such User and in no event shall any losses in whole or part be borne by Aikiway Professional Development, Michael Chojnacki, and Aikiway.com website. 

Limitation of Liability

Except as specifically stated on this site, neither Aikiway Professional Development, its owners, employees, nor any other representatives will be liable for damages arising out of or in connection with the use of this Site.  This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of damage to property and claims of third parties.

All Audio Programs, CDs, DVDs, or Digital Content can be a powerful, life-changing tool for growth, but are not intended to be a substitute for medical care. Do not use the Digital Content while driving or operating machinery. Aikiway Professional Development, Michael Chojnacki, and Aikiway.com website assumes no responsibility for improper use of any program or digital content.

The information contained in this web site is subject to change without notice.
Copyright © Aikiway Professional Development. All rights reserved.

Michael Chojnacki
Aikiway Professional Development
P.O. Box 1613
Monterey, CA 93942
831-726-2400