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Terms and Conditions

The Tama-Do Academy Website and On-Line Shopping has been set up for our students to more easily access our work, for the purpose of their personal self development. While we encourage non-students to check us out – our priority is to our students as well as other fellow travelers who seek a higher level of consciousness for themselves, others and the Universe.

(Effective date: October 5, 2015)

Tama-Do Academy and its affiliates provide their services to you subject to the following Terms and Conditions. If you visit or shop on our website or otherwise in person, you agree to be legally bound by law to all the Tama-Do Academy terms and conditions as described in this document. In addition, when you use any current or future Tama-Do Academy service or visit or purchase from any business affiliated with Tama-Do Academy, whether or not included in the Tama-Do Academy Web site, you also will be subject to the guidelines and conditions applicable to such service or business. Please read the following terms and conditions carefully. If you do not agree to these terms and conditions, please do not conduct business with Tama-Do Academy.

COPYRIGHT AND TRADEMARKS

Tama-Do (The Way of the Soul) Academy was founded in 1988 by Fabien Maman, one of the world’s leading experts on vibrational sound therapy, as the instrument for worldwide dissemination of his research, teachings and creativity. Dedicated to the evolution of human consciousness, Tama-Do uses Sound, Color, Chi Movement and Seasonal Harmonizing Concerts® to ground the Soul in daily life.

The Tama-Do name and emblem (shown above) appear on all Tama-Do books, recordings, and other publications, assuring the reader that the work originates with the Academy established by Fabien Maman and Terres Unsoeld and faithfully conveys their teachings. Tama-Do, The Academy of Sound, Color and Movement®
Copyright 1988 by Tama-Do, The Academy of Sound, Color and Movement®. All rights reserved.

Fabien Maman’s photographs from his Sound/Cellular Experiment, conducted in 1981, are proprietary to the Academy. Copyright 1981 by Tama-Do, The Academy of Sound, Color and Movement®. All rights reserved.

Terres Unsoeld’s nature photographs are an ongoing work that spans nearly 40 years and are now proprietary to the Academy. The are copyrighted as they appear in each of the Academy’s books, CDs, DVDs and website.

Malibu , California 310-456-1014
www.tama-do.com
tamadoacademy@aol.com

Because we certify through our Tama-Do emblem, that all books, recordings and other publications; as well as all teachings and techniques used in our Academy have been researched and created by Fabien Maman and Terres Unsoeld, with roots in our Masters Lineage, we ask that you honor our integrity and keep our teachings pure. Please honor all copyright and trademark laws! It is the moral, ethical and spiritually correct thing to do.

We don’t take anybody else’s work and call it our own – and we respectfully ask that you not take our work and call it your own.

This goes for our Books, CDs, DVDs, Photographs, recordings, charts, handouts, workbooks, leaflets, advertisements, drawings and website code; as well as our Classical Tuning Forks®, Color Light Wheels®, Rainbow Color Silks®, Faery Essences® and Tama-Do Sacred Sound Instruments including but not limited to the TEP Chakra Tubes®, E and F Overtone Tubes® , the Chakra Re-Alignment Tubes and Seasonal Harmonizing Chimes that you can buy on-line (or otherwise); as well as our Tama-Do Trainings, Summer Intensives, courses, workshops and Shamanic Journeys which you can pay for and register on-line (or otherwise).

If you don’t understand what we mean, here’s the legal part:

  • Website Copyright: The entire content included in this site, including but not limited to text, graphics, photos or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Tama-Do Academy Copyright 1983, Tama-Do Academy ALL RIGHTS RESERVED. Fabien Maman’s photos of his Sound/Cellular Experiment are copyright 1981 Fabien Maman, and are the property of Tama-Do Academy Copyright 1983. ALL RIGHTS RESERVED.
  • Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Tama-Do Academy or purchasing Tama-Do Academy products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Tama-Do Academy or to purchase Tama-Do Academy products.
  • Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized beforehand by Tama-Do Academy. You further agree not to change or delete any proprietary notices from materials downloaded from the site. (See additional Terms and Conditions for Internet Use below.)
  • Product Copyright: Although Tama-Do Academy allows students and others to buy product on this website (or otherwise); permission is being granted for the use of said for personal educational purposes only. No PRODUCT purchased off this website and no Tama-Do Academy Intellectual Property contained therein shall be used for any other purpose than for personal self development.
  • Customers or students do not have permission to sell our product or teach our Tama-Do Techniques (spelled out in our Books, CDs, and DVDs) under any title or designation. All Tama-Do Academy Product including but not limited Books, CDs, DVDs, Charts, Photographs, handouts, workbooks, leaflets, advertisements, drawings and website code are copyrighted and protected under copyright law. It is a violation of copyright law to reproduce or transmit electronically or mechanically or by any other information or retrieval system, copy, photocopy, photograph, scan or record any Tama-Do Product without prior permission from Tama-Do Academy.
  • No Tama-Do Tools, including our Classical Tuning Forks®, Color Light Wheels®, Rainbow Color Silks®, Faery Essences® and Sacred Sound Instruments (including but not limited to the TEP Chakra Tubes® Chakra Re-Alignment Tubes®, E and F Overtone Tubes® are to be reproduced or re-fabricated or re-made manually or mechanically without prior permission from Tama-Do Academy.
  • Workshops and Intellectual Property Copyright: Although Tama-Do Academy allows students to register for courses off of this website (or otherwise), permission is being granted for the use of said for personal educational purposes only. No WORKSHOPS, TRAININGS, COURSES, SUMMER INTENSIVES or SHAMANIC JOURNEYS paid for on our website (or otherwise) and no Tama-Do Academy Intellectual Property contained therein shall be used for any other purpose than for personal self development unless otherwise specified and approved by Tama-Do Academy. All techniques taught within the Academy are proprietary to Tama-Do Academy. This means they are registered and certified and the sole property of the Academy.
  • Practicing: Tama-Do Academy grants permission to students who have completed a workshop to practice the Tama-Do Techniques taught within said workshop. They cannot, however, call themselves a Certified Tama-Do Practitioner, nor advertise nor hold themselves out to the public or to clients as a Tama-Do Certified Practitioner or a Tama-Do Practitioner unless and until they are granted permission to do so in writing by Tama-Do Academy, after completing the Tama-Do Practitioner Certification requirements.
  • In exchange for permission being given to practice the Tama-Do Techniques prior to their Tama-Do Practitioner Certification, students agree to uphold all Laws of Intellectual Property, Copyright and Trademark Agreements. In all communication with clients and the public, students will site Fabien Maman and Terres Unsoeld’s work and the Tama-Do Academy as the source of their training.
  • Teaching: No student of the Academy shall hold themselves out to the public or to students or prospective students or clients as a Tama-Do Teacher of this or any other Tama-Do techniques, unless and until they are granted permission to do so in writing by Tama-Do Academy, after completing the Tama-Do Teacher Certification Requirements. Unless and until they are granted such certification, they shall not, under any designation or description, teach any courses that are derived in part or in whole upon any of the Sound, Color or Movement® that they learn in any of the Tama-Do Academy WORKSHOPS, TRAININGS, COURSES, SUMMER INTENSIVES or SHAMANIC JOURNEYS.
  • There is NO PHOTOGRAPHING nor RECORDING during any of the Tama-Do workshops without prior permission from the Directors of the Academy.

TERMS AND CONDITIONS FOR ALL TAMA-DO COURSES, WORKSHOPS OR TRAININGS:

Tama-Do Academy Course Registration Form: All Tama-Do Students participating in a Tama-Do course, workshop or training are required to sign our Tama-Do Academy Course Registration Form. Paying for a course on-line means that you accept all terms and conditions as spelled out in this registration form.

CLICK HERE to view our Tama-Do Academy Course Registration Form

Level I Practitioner Certification Program

RSVP and Contract for all Level I Summer Intensives (or Practitioner Certification Program): All Tama-Do Students participating in the Tama-Do Practitioner Certification Program or Level I Summer Intensives in Europe are required sign our Tama-Do Academy RSVP and Contract (in addition to the above Tama-Do Course Registration Form). Paying for a course on-line means that you accept all terms and conditions as spelled out in this RSVP and Contract.

CLICK HERE to view our RSVP and Contract for all Level I Summer Intensives

Level II Practitioner Certification Program

RSVP and Contract for all Level II Summer Intensives (or Practitioner Certification Program): All Tama-Do Students participating in the Tama-Do Practitioner Certification Program or Level II Summer Intensives in Europe are required sign our Tama-Do Academy RSVP and Contract (in addition to the above Tama-Do Course Registration Form). Paying for a course on-line means that you accept all terms and conditions as spelled out in this RSVP and Contract.

CLICK HERE to view our RSVP and Contract for all Level II Summer Intensives

Tama-Do Academy Code of Conduct and Ethics for our Level II Summer Intensives (or Practitioner Certification Program): All students participating in our Level II Summer Intensive are also required to sign our Tama-Do Academy Code of Conduct and Ethics. This form is required for all Level II participants, whether or not they plan on becoming Tama-Do Certified Practitioners.

CLICK HERE to view our Tama-Do Academy Code of Conduct and Ethics for our Level II Summer Intensive

Shamanic Journeys of the Light®

RSVP and Contract for all Tama-Do Academy Shamanic Journeys of the Light®: All Tama-Do Students participating in the Shamanic Journeys of the Light® are required to sign the following registration form. Paying for a course on-line means that you accept all terms and conditions as spelled out in this registration form.

CLICK HERE to view our RSVP and Contract for the Tama-Do Academy Shamanic Journey in the Swiss Alps.

CLICK HERE to view our RSVP and Contract for the Tama-Do Academy Shamanic Journey in the UK.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

Disclaimer of Warranties and Limitation of Liability: This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Tama-Do Academy disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Tama-Do Academy does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Tama-Do Academy does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Any information on the Tama-Do electronic platform is subject to change without notice, and Tama-Do disclaims all responsibility for these changes. By using our website and On-Line shopping, you expressly agree that your use of this site is at your sole risk. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Medical Disclaimer: The teachers of Tama-Do Academy (unless otherwise specified) are not medical doctors, nor do they give medical diagnosis nor medical treatment procedures. The Tama-Do tools that are for sale on this website (or otherwise) are not considered medical tools and are not meant for medical treatment procedures. Students come to Tama-Do for the purpose of furthering their self awareness. It is understood that, while working with sound, color and vibration, some individuals may experience strong physical and emotional reactions. Whereas Tama-Do can offer tools and facilitation in this process, the student understands and takes full responsibility for their personal health and well being.

Limitation of Liability: It is always recommended that you take a Tama-Do class prior to attempting any Tama-Do technique on your own. Any form of energy work such as sound or color can stimulate strong physical, emotional or mental reactions in the person receiving the work. Fabien Maman’s Sound, Color and Movement Techniques, which are used and taught in Tama-Do, the Academy of Sound, Color and Movement®, are not intended as substitutes for regular medical attention. Fabien Maman, Terres Unsoeld and Tama-Do, The Academy of Sound, Color and Movement® cannot be held responsible for the results any of our techniques practiced. Tama-Do Academy shall not be liable for any special or consequential damages that result from the use of or the inability to use, the materials described on this site or the performance of the products.
Children: Tama-Do Academy does not sell product to anyone under the age of 18. Please ask a parent or adult guardian to help you with this site.

Participation Disclaimer: Tama-Do Academy does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Tama-Do Academy is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Tama-Do Academy reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Tama-Do Academy in its sole discretion. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Harrassment: Harassment in any manner or form on this site or in person, including via e-mail, chat, or by use of obscene or abusive language on this site or in person, is strictly forbidden. Impersonation of others, including a Tama-Do Academy or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law.

Indemnification: You agree to defend, indemnify, and hold harmless Tama-Do Academy and its affiliates, successors and assigns, and its directors, officers, employees, agents, co-branders or other partners from and against any and all allegations, claims, demands, actions, causes of action, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses, including reasonable attorneys’ fees and other legal expenses, and judgments of any kind or nature, resulting from any violation of these terms and conditions or any activity related to your use of the Tama-Do Academy Website or On-Line Shopping (Electronic Platforms) or participation in the Tama-Do Academy in person and your violation of our Terms and Conditions or relating to any payment dispute with a third-party provider arising from a purchase or incurrence of fees made by you.

Third-Party Links: In an attempt to provide increased value to our visitors, Tama-Do Academy may link to sites operated by third parties. However, even if the third party is affiliated with Tama-Do Academy, Tama-Do Academy has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Tama-Do Academy. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Tama-Do Academy seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

ADDITIONAL TERMS AND CONDITIONS

License and Access to Tama-Do Academy Electronic Platforms: Tama-Do Academy grants you a limited license to access and make personal use of the Tama-Do Electronic Platforms and not to download (other than browser-required page caching) or modify the Tama-Do Electronic Platforms, or any portion of them, except with express written consent of Tama-Do Academy. Accordingly, you expressly acknowledge and agree that Tama-Do Academy transfers no ownership or intellectual property interest or title in and to the Tama-Do Academy Electronic Platforms (or any part thereof) to you or anyone else. You may print and download materials and information from the Tama-Do Academy Electronic Platforms solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. But, this license does not include any resale or commercial use of the Tama-Do Academy Electronic Platforms or their contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Tama-Do Academy Electronic Platforms or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, spiders or similar data gathering and extraction tools.

The content layout, formatting, and features of and access privileges for the Tama-Do Academy Electronic Platforms shall be as specified by Tama-Do Academy in its sole discretion. You also acknowledge and agree to the following: (i) Tama-Do Academy has the right to control and direct the means, manner, and method by which the Tama-Do Academy Electronic Platforms are provided; (ii) Tama-Do Academy may, from time-to-time engage independent contractors, consultants, or subcontractors to aid Tama-Do Academy in providing the Tama-Do Academy Electronic Platforms or use thereof; and (iii) Tama-Do Academy has the right to provide the Tama-Do Academy Electronic Platforms to others.

Notwithstanding the license grant herein, neither the Tama-Do Academy Electronic Platforms nor any portion thereof may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Tama-Do Academy. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Tama-Do Academy and our affiliates without express written consent. In addition, you may not use metatags or any other hidden text using Tama-Do Academy name or trademarks without the express written consent of Tama-Do Academy. Any unauthorized use terminates the permission or license granted by Tama-Do Academy and violates all Tama-Do Academy copyright and trademark laws.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink (utilizing only the plain characters for Tama-Do Academy’s domain address) to any page of Tama-Do Academy Website or Shopping on-Line so long as the link does not portray Tama-Do Academy or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Tama-Do Academy logo or other proprietary graphic or trademark as part of the link without express written permission.

Your Responsibilities: You agree to comply with all applicable law in connection with your use of the Tama-Do Academy Electronic Platforms, and such further limitations as may be set forth in any written or on-screen notice from Tama-Do Academy (provided in connection with your use of the Tama-Do Academy Electronic Platforms). As a further condition of your use of the Tama-Do Academy Electronic Platforms, you warrant that you will not use the Tama-Do Academy Electronic Platforms for any purpose that is unlawful or prohibited by this Agreement. You access the Tama-Do Academy Electronic Platforms on your own volition and are responsible for compliance with all applicable local laws with respect to your access and use of the Tama-Do Academy Electronic Platforms. All information that you provide in response to a request or in connection with a purchase or transaction or other monetary transaction interaction with the Tama-Do Academy Electronic Platforms will be accurate, complete, and current. You will pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with Tama-Do Academy at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.

Registration as a user for access to certain areas of the Tama-Do Academy Electronic Platforms or in connection with recurring visits or purchasing may require both a user name and a password or adherence to other particular access requirements as designated by Tama-Do Academy. Only one user can use one user name and password and, thus, one account. By limiting access, it helps avoid unauthorized usage by other persons, institutions, or entities because anyone with knowledge of both your user name and password can gain entry to the restricted portions of the Tama-Do Academy Electronic Platforms and to your account. Accordingly, by using the Tama-Do Academy Electronic Platforms, you agree to consider your user name and password as confidential information and to keep your user name and password confidential. You will immediately notify Tama-Do Academy if you become aware of any loss or theft of your password or any unauthorized use of your user name and password. Tama-Do Academy will not be liable for any loss or damage arising from your failure to comply with these obligations. Tama-Do Academy reserves the right to delete or change a user name or password at any time and for any reason. Notwithstanding the foregoing, nothing herein shall convey to you any further rights in your account or its information and any and all such content or information shall be subject to this Agreement.

By using the Tama-Do Academy Electronic Platforms, you agree not to violate or attempt to violate the security of the Tama-Do Academy Electronic Platforms, including, without limitation, actions such as:

  • Accessing data not intended for you or logging into a server or account that you are not authorized to access;
  • Attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
  • Attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to or overloading, “flooding,” “spamming,” “mailbombing,” or “crashing” the Tama-Do Academy Electronic Platforms;
  • Sending unsolicited e-mail, including promotions and/or advertising of products or services; and
  • Forging any TCP/IP packet header or any part of the header information in any e-mail or Posting.

Actual or attempted unauthorized use of the Tama-Do Academy Electronic Platforms may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. Tama-Do Academy reserves the right to view, monitor, and record activity on the Tama-Do Academy Electronic Platforms without notice or permission from you, including, without limitation, by archiving notices or communications sent by you through the Tama-Do Academy Electronic Platforms. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the Tama-Do Academy Electronic Platforms as well as to disclosures required by or under applicable law or related government agency actions. Tama-Do Academy will also comply with all court orders or subpoenas involving requests for such information. In addition to the foregoing, Tama-Do Academy reserves the right to, at any time and without notice, modify, suspend, terminate, or interrupt operation of or access to the Tama-Do Academy Electronic Platforms, or any portion of the Tama-Do Academy Electronic Platforms in order to protect the Tama-Do Academy Electronic Platforms, Tama-Do Academy, or Tama-Do Academy business or goodwill.

Miscellaneous Legal Provisions: We may discontinue the Tama-Do Academy Website, On-Line Shopping, Tama-Do Product or Coursework and Teachings at any time and for any reason, without notice. We may change the contents, operation, or any and all other features of Tama-Do Academy at any time for any reason, without notice. We may discontinue or restrict your use of the Tama-Do Academy Website and Shopping On-Line, at any time for any reason, without notice. We may also discontinue or restrict your participation in any Tama-Do teaching, workshop, courses, Summer Intensives or Shamanic Journeys of the Light® (with no refund), if you are disruptive of the teachers, the teachings and the group.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Tama-Do Academy as a result of this Agreement or your use of the Tama-Do Academy Terms and Conditions. Nothing contained in this Agreement is in derogation of Tama-Do Academy’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Tama-Do Academy Electronic Platforms or information provided to or gathered by Tama-Do Academy with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

The failure of Tama-Do Academy to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.

If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

This Agreement is the entire and final Agreement regarding the Tama-Do Academy Electronic Platforms and their content, and supersedes any prior or contemporaneous communications between Tama-Do Academy and you regarding the Tama-Do Academy Electronic Platforms and their contents.

All rights not expressly granted herein are hereby reserved.

Term of Termination: These Terms and Conditions will take effect at the moment you click “ACCEPT”, register, respond to a request for information, and/or begin downloading, accessing, or using the Tama-Do Academy Electronic Platforms, whichever is earliest. These Terms and Conditions, or any part of them, may be terminated by Tama-Do Academy without notice at any time, for any reason. You may also terminate this Agreement at any time by ceasing to use the Tama-Do Academy Electronic Platforms, but all applicable provisions of this Agreement will survive termination, as identified below, and each re-access or use of the Tama-Do Academy Electronic Platforms will reapply this Agreement (then in effect) to you. Upon termination, you must destroy all copies of any aspect of the Tama-Do Academy Electronic Platforms in your possession. The provisions concerning Tama-Do Academy Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification, disclaimers of warranty and liability, waiver and severability, miscellaneous legal terms, and governing law will survive any termination.

Miscellaneous: Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Tama-Do Academy products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Tama-Do Academy products and courses) must be commenced within one (1) year after the claim or cause of action arises. Tama-Do Academy's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Tama-Do Academy may assign its rights and duties under this Agreement to any party at any time without notice to you.