THIS SITE AND RELATED SERVICES ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS SITE WILL INDICATE YOUR TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE.
- Restrictions on Use
All pages within this Website and any material made available for download or use (collectively the “Site”) are the property of Jiu Jitsu Glory, LLC, André Galvão and/or their companies and affiliates. (all collectively referred to as “The Company”) The Site is protected by federal and international copyright and trademark laws. No portion of the materials on these pages may be reprinted, republished, modified, or distributed in any form without the express written permission of The Company.
The Site is for your own personal use. You shall keep intact any proprietary notices, including copyright notices, contained on any downloaded materials and shall comply with any applicable end user license agreements.
Any rights not expressly granted by these Terms and Conditions or any applicable end user license agreements are reserved by The Company.
- Trademark Notice
All Company logos, artwork, trademarks, and service marks appearing on this Site are the property of The Company.
All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners.
- Warranty Disclaimer
THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES.
THE COMPANY, ITS AFFILIATES, ASSOCIATES, SPONSORS, ADVERTISERS, AGENTS, EMPLOYEES, INDEPENDENT CONTRACTORS, MEMBERS, MANAGERS AND ALL OTHERS RELATED TO THEM 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 THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
Although The Company attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform The Company so that it can be corrected. Information contained on the Site may be changed or updated without notice.
You acknowledge that martial arts are physically demanding and potentially dangerous and assume all risk associated with such activities, including without limitation any use of the materials of the Site viewed or used by you, and warrant that you are in good physical condition and have no known medical condition which would impact or preclude your full utilization of the Site or place you at special risk of injury. You, on your own behalf and that of any assignees, successors, heirs, partners, spouses or any others taking by or through you hereby release and holds harmless , Jiu Jitsu Glory, LLC, André Galvão, and their agents, legal representatives, owners, employees, independent contractors, co-venturers, partners, services providers, licensees, assigns, advertisers, sponsors and all others acting by or through them from and against any and all claims including any claims for property damage or personal injury to you including death or dismemberment which you may have for any liability arising from, connected to or associated with or relating in any way to the Site, Site-Related Services, content or information contained within the Site, and/or any hyperlinked website, whether such liability sounds in tort, contract, statute or otherwise.
- Confidential and Proprietary Information
The Company does not want to receive confidential or proprietary information from you through the Site. Please note that any information or material sent to us through the Site will be deemed NOT to be confidential. By sending any information or material, you grant The Company an unrestricted, irrevocable, world-wide, royalty free license to use, reproduce, display, perform, modify, transmit, and distribute those materials or information, and you also agree that The Company is free to use your likeness, name, any ideas, concepts, know-how, or techniques that you send us for any purpose.
- Links to Our Site
If you desire to provide a hyperlink from your Website to our Site, you must agree to be bound by the terms of our Hyperlink License Agreement.
- Links or Pointers to Other Sites
The Company makes no representations whatsoever about any other Website that you may access though this Site. When you access a non-Company Website, please understand that it is independent from The Company and that it has no control over the content on that Website. In addition, a hyperlink to a non-Company Website does not mean that The Company endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, trojan horses, and other items of a destructive nature.
- Choice of Law and Venue
These Terms and Conditions are entered into in the State of California and shall be governed by and construed in accordance with the laws of the State of California exclusive of its choice of law rules. Each party to these Terms and Conditions submits to the sole and exclusive jurisdiction of the state and federal courts sitting in the County of San Diego in the State of California and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms and Conditions or any other action by and between you and the Company, the prevailing party will be entitled to costs and attorney’s fees. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.
- Entire Agreement
- No Unlawful or Prohibited Purpose
As a condition of your use of this Site, you warrant to The Company that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions.
- Consent to be Contacted
When you use the Site, or make telephone calls to the Company, send e-mails, text messages, and other communications from your desktop, mobile device or land-based telephone to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you in a variety of ways, such as by e-mail, telephone, text, or by posting notices and messages on this site or through other services. You agree and consent that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, and hereby consent to receiving such communications from the Company for purposes of all applicable laws, including without limitation 47 USC 227, et seq. (the Telephone Consumer Protection Act.)
- Free Trial Period
Atos Online Academy may offer a free-trial period during which you can try out the Online Academy for a specified period of time without prepaying in advance. The duration of this free-trial period will be advertised on the landing page of the Atos Online Academy. If you participate in the Free Trial Period associated with the Monthly Subscription option, you must cancel your subscription before the end of the period to avoid incurring any charges. If you do not cancel your subscription before the Free Trial Period expires, you authorize us to charge your credit card the full cost of the monthly subscription plan. Your subscription will then automatically renew and continue month-to-month unless and until you cancel your subscription plan or we terminate it due to failure to charge your card. You will not receive a notice from Atos Online Academy that your Free Trial Period is about to end or has ended.
- Payment Terms
Atos Online Academy offers a range of subscription options, including, without limitation, a Monthly, 9-Month, and Yearly plan. As an express condition of your use of and access to the Atos Online Academy service, you agree to pay all fees applicable to your subscription plan, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of the Atos Online Academy service. To view the specific details of your plan, including pricing information, visit the Atos Online Academy Website, login, and click “Account” (upper left hand side of the screen). All subscription options are automatically recurring. By submitting your initial payment, you agree to these recurring charges, which will be charged to the payment option provided until you cancel your subscription plan.
- Account Cancellation
The only valid method for cancelling your subscription plan is via the cancellation link provided in your “Account” page, accessible after logging into the Atos Online Academy. Requests to cancel via email, phone, or the message form are not considered and will not accomplish cancellation. If you cancel your plan before the end of your current pre-paid period, you will not be charged again for your plan beginning with the next billing cycle. If you cancel your subscription plan, you will immediately lose all access to the Atos Online Academy and forfeit access to the site for the remaining period of your pre-paid period. If you have not manually cancelled your subscription plan, and we are unable to charge you for your recurring payment, your account will be cancelled and you will no longer have access to the Atos Online Academy. We are under no obligation to notify you prior to or when your account is cancelled.
- Refunds and Disputed Charges
The fees for your subscription plan are billed in advance, are non-refundable, and automatically renew on a monthly, 9-month, or yearly basis, as specified in your plan. Disputed charges and refund requests will be reviewed by Atos Online Academy staff, and will only be issued if it is determined that there was an error or fault on the part of our website or payment gateway. All appropriate documentation concerning the issue will need to be provided by the subscriber.
15. Special Considerations for Breakdown Sessions
Breakdown Sessions is a product specially designed for Atos Online Academy, to provide personalized review and analysis of user-submitted videos. The Company is not responsible for the origin of the videos submitted by users of the Breakdown Sessions product. Breakdown Sessions videos are for your personal and non-commercial use, unless otherwise specified. You may not use this site for any other purpose, including any commercial purpose, without the Company’s express prior written consent. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, content, software, products or services obtained from or otherwise connected to the Company’s website(s), unless expressly permitted by these terms. Breakdown Sessions content and videos may not be copied, distributed, republished, uploaded, posted, or transmitted in any way – including on any social media sites, personal or otherwise – without the prior written consent of the Company.