JJ Grappling, Inc. ("Our", "We" and "Us") has made available the Jean Jacques Machado website, with scope including front and back-end websites and apps, content and technology (collectively, the "Service")
1. Allowed Usage and License
JJ Grappling, Inc. licenses the User to view, download and print the content of the Website, provided that such content is used for private, personal, educational, and/or non-commercial purposes only. The Website and information contained therein may not be used for harmful or illegal purposes or for disclosing, sharing or publishing material that may be offensive, defamatory, regulated, copyrighted, incorrect, untrue, prohibited, infringing or damaging to any person, organization or other entity.
JJ Grappling, Inc. permits you to display on your web site, or create a hyperlink on your web site, to individual postings on the Website as long as such use is for non-commercial and/or news reporting purposes only (e.g. for use in personal web blogs or personal online media). You may also create a hyperlink to the home page of the Website, as long as the link does not portray JJ Grappling, Inc., its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter. Users may not frame the Website on their own sites in any manner whatsoever, without the prior written consent of JJ Grappling, Inc.
2. Authenticated Services
Some parts of the Service require a user account for access.
When you create an account, you must provide complete, accurate and up-to-date information during the registration process, and you are expected to keep that information up-to-date.
If you create an account, you are responsible for maintaining the confidentiality and security of your account. You are responsible for all activity that occurs under the account and any actions taken in connection with the account. You must notify any of our Staff right away of any theft, loss, or unauthorized use of your account. We are not responsible for any loss that results from unauthorized use of your account with or without your knowledge.
3. Medical Advice
Your use of the Service does not constitute a doctor-patient, therapist-patient or other healthcare professional relationship between you and any Service representative(s).
To the maximum extent permitted by law, you agree that We are not providing medical advice via the Service. All content provided through the Service, regardless of who you receive it from, is not, and should not be used in place of:
- The advice of a physician or medical professional;
- A visit, call or consultation with a physician or medical professional;
- Information contained on or in any product packaging or label.
4. Consult With a Physician First
Before embarking on any physical fitness, martial arts or other wellness program, you should first consult with a healthcare provider. You may have an underlying health condition that only a physician can diagnose. The importance of having consent from a physician prior to beginning any wellness or fitness program cannot be overstated. You therefore agree, represent and warrant that you will consult with your physician prior to undertaking any wellness or fitness program or activity, and undertake such activities of your own free will and accord, knowingly and voluntarily assuming all risks associated with such activities.
Except as otherwise set out in these Terms, and to the maximum extent permitted by applicable law, we are not responsible or liable, either directly or indirectly, for any injuries or damages that are sustained from your physical activities or your use of, or inability to use, the Service or features of the Service, including any Content or activities that you access or learn about through the Service (e.g., a Third-Party Activity such as training at a local gym), even if caused in whole or part by the action, inaction or negligence of JJ Grappling, Inc. or by the action, inaction or negligence of others. To the maximum extent permitted by applicable law, you also expressly agree that we do not assume responsibility for any Third-Party Activity or any other athletic activity or event that utilizes or is promoted by or accessed via the Service.
6. No Warranties
EXCEPT WHERE PROHIBITED BY LAW, WE EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND GUARANTEES OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW. THE SERVICE AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS BASIS. Without limiting the foregoing, you understand that, to the maximum extent permitted by applicable law, we make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any of the Service or any Content. To the maximum extent permitted by applicable law, we do not warrant that (i) the Service will meet your requirements, (ii) the operation of the Service will be uninterrupted, virus- or error-free or free from other harmful elements or (iii) errors will be corrected. Any oral or written advice provided by our agents or us does not and will not create any warranty. To the maximum extent permitted by applicable law, we also make no representations or warranties of any kind with respect to Content; User-Generated Content, in particular, is provided by and is solely the responsibility of the persons providing that Content. No advice or information, whether oral or written, obtained from other persons or through the Service, will create any warranty not expressly made herein. You therefore expressly acknowledge and agree that use of the Service is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you.
7. Limitation of Liability
To the maximum extent permitted by applicable law, under no circumstances (including, without limitation, negligence) shall JJ Grappling, Inc, its subsidiaries, partners or any wireless carriers be liable to you or any third party for (a) any indirect, incidental, special, reliance, exemplary, punitive, or consequential damages of any kind whatsoever; (b) loss of profits, revenue, data, use, goodwill, or other intangible losses; (c) damages relating to your access to, use of, or inability to access or use the Service; (d) damages relating to any conduct or content of any third party or person using the Service, including without limitation, defamatory, offensive or illegal conduct or content; and/or (e) damages in any manner relating to any Third-Party Content, Third-party Products or Third-Party Activities accessed via the Service. To the maximum extent permitted by applicable law, this limitation applies to all claims, whether based on warranty, contract, tort, or any other legal theory, whether or not JJ Grappling, Inc has been informed of the possibility of such damage, and further where a remedy set forth herein is found to have failed its essential purpose. To the maximum extent permitted by applicable law, the total liability of JJ Grappling, Inc, for any claim under these Terms, including for any implied warranties, is limited to the aggregate sum of $100.
In particular, to the extent permitted by applicable law, we are not liable for any claims arising out of (a) your use of the Service (including but not limited to your participation in any activities promoted by or accessed via the Service), (b) the use, disclosure, display, or maintenance of an person’s Personal Data and/or Location Data, (c) any other interactions with us or any other persons using the Service, even if we have been advised of the possibility of such damages, or (d) other Content, information, services or goods received through or advertised on the Service or received through any links provided with the Service.
To the extent permitted by applicable law, you acknowledge and agree that we offer the Service in reliance upon the warranty disclaimers, releases, and limitations of liability set forth in the Terms. To the extent permitted by applicable law, you also acknowledge and agree that these warranty disclaimers, releases, and limitations of liability reflect a reasonable and fair allocation of risk between you and us and that these warranty disclaimers, releases, and limitations of liability form an essential basis of the bargain between you and us. We would not be able to provide the Service to you without these warranty disclaimers, releases, and limitations of liability.
If you are a resident of California: You waive your rights with respect to California Civil Code Section 1542, which says “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.”
To the maximum extent permitted by applicable law, you agree to indemnify and hold JJ Grappling, Inc, its subsidiaries, suppliers and other partners harmless from any claim or demand, including reasonable accounting and attorneys’ fees, made by any third party due to or arising out of (a) the User-Generated Content you access or share through the Service; (b) your use of the Service, (c) your activities in connection with the Service (including, but not limited to, athletic activities in connection with any contests, races, group activities, Third-Party Activities or other events that we may sponsor, organize, participate in, or where the Service are employed), (d) your connection to the Service, (e) your violation of these Terms, (f) your use or misuse of any person’s Personal Data, (g) any violation of the rights of any other person or entity by you, or (h) your employment of the Service to meet another participant in person or to locate and attend any offline place or event. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us under the Terms, and you agree to cooperate with our defense of these claims.
9. Jurisdiction and Applicable Law
Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Service will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Tarzana, California.
10. Disputes and Arbitration
To the maximum extent permitted by applicable law, you and JJ Grappling, Inc agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. Except where prohibited, you and we agree to submit to the personal and exclusive arbitration of disputes relating to your general use of the Service under the rules of the American Arbitration Association. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Please visit www.adr.org for more information about arbitration.
Any arbitration between you and us, to the extent necessary, will be conducted in Baltimore, Maryland, and you waive any right to claim that such location is an inconvenient forum. You agree not to sue us or bring arbitration in any other
The arbitration will be conducted in English. A single independent and impartial arbitrator will be appointed pursuant to the rules of the American Arbitration Association. Both you and we agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens for everyone involved:
- The arbitration will be conducted by telephone, online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration;
- The arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and
- Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Barring extraordinary circumstances, the arbitrator will issue his or her decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings will be closed to the public and confidential and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator will be in writing and will include a statement describing the reasons for the disposition of any claim.
You also acknowledge and understand that, with respect to any dispute with us arising out of or relating to your use of the Service:
- You are giving up your right to have a trial by jury;
- You are giving up your right to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit involving any such dispute; and
- You must file any claim within one (1) year after such claim arose or it is forever barred.
If this arbitration provision is found to be null and void, then all disputes arising under the Terms between us will be subject to the jurisdiction of the state and federal courts located in Los Angeles, California, and you and we hereby submit to the personal jurisdiction and venue of these courts.
This agreement to arbitrate will not preclude you or JJ Grappling, Inc from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award, from a court of competent jurisdiction. Furthermore, this agreement to arbitrate will not preclude you or JJ Grappling, Inc from (i) applying to the appropriate court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary, or (ii) seeking relief in any state or federal court for disputes related to a violation or possible violation of JJ Grappling, Inc’s intellectual property rights.
In the event of any litigation or arbitration arising from or related to these Terms, or the Service provided, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs incurred including staff time, court costs, attorneys’ fees, and all other related expenses incurred in such litigation or arbitration.
We may terminate your access to all or any part of the Service at any time and with or without cause or prior notice. You may terminate this Agreement by deleting your account, or by notifying Us in writing and discontinuing use of the Service.
If our relationship or these Terms terminate, it will not limit any of our other rights or remedies, and any provision of these Terms that must survive in order to give proper effect to the intent and purpose of these Terms will survive termination, including without limitation Ownership and Use of Content, Physical Activities, No Warranties, Limitations of Liability and Indemnification.
Our failure to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
Any and all communication from you through the Service become Our property once received. When you provide us with suggestions or feedback for any of our products and services, you grant us an irrevocable, exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the suggestions or feedback.
Our notice to you via email, regular mail, or notices or links displayed in connection with the Service constitutes acceptable notice to you under the Terms. We are not responsible for your failure to receive notice if email is quarantined by your email security system (e.g., “junk” or “spam” folder) or if you fail to update your email address. Notice will be considered received forty-eight hours after it is sent if transmitted via email or regular mail. In the event that notice is provided via links displayed in connection with the Service, then it will be considered received twenty-four hours after it is first displayed.
If you have any questions or would like more information, please contact us using our online contact form.