Terms and Conditions
Welcome to our site. The following terms and conditions (the “Terms and Conditions”) govern and set forth the legally binding terms of your use of www.jiujitsupedia.com (the “Web Site”). The Web Site is made available to you by The Jiu Jitsupedia LLC (“Company”). You are only authorized to use the Web Site and services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to these Terms and Conditions. Please read these Terms and Conditions carefully and save them. If you do not agree to abide by them, you should leave the Website and discontinue use of it immediately. You must read this Agreement and indicate your acceptance during the registration process. By using the Web Site, you accept and agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not access or otherwise use Company’s Web Site.
The product and services offered by the Web Site are made available through a subscription, which, upon payment of the subscription fee, entitles you to utilize the Web Site in accordance with the level and terms of your subscription. In order to subscribe, you must register and provide the required billing information. You will be charged the subscription fee in accordance with the terms of your registration.
Subscription and Online Product Ordering
Company may make certain products and services available to visitors and registrants of the Web Site, either through outright sale and/or subscription. You agree to pay in full the prices for any purchases you make or subscriptions you obtain at the price then in effect, either by credit/debit card concurrent with your online order or by other payment means acceptable to Company, as designated by you during the registration process, and authorize Company to charge your credit or debit card identified by you during the registration process as your selected method of payment. You agree to pay all applicable taxes. If payment is not received by Company from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by Company, including any charges assessed by your selected payment provider. Certain products that you purchase and/or download on or through the Web Site may be subject to additional terms and conditions presented to you at the time of such purchase or download. There may be certain orders that Company is either unable to accept or must cancel. Company reserves the right, at Company’s sole discretion, to refuse or cancel any order for any reason. Possible circumstances involving Company canceling an order may be limitations on quantities available for purchase or inaccuracies or errors in product or pricing information. Your agreement with your credit or debit card issuer or other provider of funds will determine your rights and obligations with regard to such payment method. In the event payment is not promptly made after demand from Company, Company reserves the right to terminate your subscription. Nothing contained in these Terms and Conditions shall limit Company’s right to collect an amount due from you.
Persons Under 18
You may only order products if you are 18 years old or older. Company reserves the right to refuse your purchase and/or use of the service provided by this Web Site if it suspects you are less than 18 years of age.
Persons Under 13
The Web Site is not directed toward persons under thirteen (13) years of age nor does jiujitsupedia.com knowingly collect information from persons under thirteen (13). If you are under 13, please do not submit any personally identifiable information to the Web Site without having your parents or guardians complete Company’s Parental Consent Form.
Company products are guaranteed to be free from defects in materials and workmanship for a period of 30 days from delivery date. If you are not happy with your purchase, contact Company by email at email@example.com to obtain a return authorization. Include your order number, item name, tracking number included in the original e-mail confirmation, e-mail address, and phone number. Alternatively, you may provide Company with this information by phone at: (805) 730-1927. Only returns with a return authorization will be accepted. A return authorization number and invoice number must appear on all packages returned.
After obtaining a return authorization, return your purchase by UPS to:
THE JIU JITSUPEDIA LLC
617 N. Salsipuedes Street, Suite A
Santa Barbara, CA 93103
The item must be returned in original condition and must be shipped back in original UPS shipping containers, including wrapping, plastic sealer on frame, packing slip, all paperwork, parts, and accessories, to insure proper credit. Defective items must be returned to Company for inspection and will be repaired, replaced, or refunded as Company deems necessary. Products are not guaranteed against damage caused by neglect. Used items and items showing only normal wear will not be repaired or replaced.
In the event you discover a defect in an electronic product, you must communicate information necessary to determine the defect and/or remedy such defect to Company within seven (7) days following your receipt of such electronic product. If an electronic product is determined to be defective and without remedy, you must delete such electronic product and all copies in order for a refund to be issued to you.
Contingent upon prior return authorization, Company credits the full purchase price for defective returns, less deductions for initial shipping and handling cost and lost return items. Company covers UPS return shipping and replacement costs. Always insure return shipments for their full value. Amounts for items lost in shipping will be deducted from refund amount. Sending any item back without a return authorization does not guarantee a replacement or refund.
Returning Damaged items
Contact Company immediately if your shipping carton is visibly damaged upon delivery, so Company can notify carrier and send a replacement order. The item must be returned by UPS in original shipping container, including wrapping, packing slip, all paperwork, parts, and accessories, to insure proper replacement. Damage must be reported to Company within 3 business days of delivery. Company will contact carrier and inform you of the next steps to be taken. Return damaged items to Company only after carrier’s inspection and receiving a return authorization. A return authorization number and invoice number must appear on all packages returned. No credits can be issued on damaged items that have not been inspected by carrier or that are returned without a return authorization by Company. Damaged returns are credited the full purchase price, less deductions for shipping and handling cost.
Pricing and Product Descriptions
Notwithstanding the product prices shown on the Web Site, Company cannot confirm the price of an item until you order. Despite Company’s efforts, some items shown on the website may be mispriced as a result of price changes that are implemented at or about the time of your visit to the Web Site. If an item’s correct price is higher than our stated price, your sole recourse is cancellation of your order.
Company attempts to describe products offered on the Web Site as accurately as possible. However, Company does not warrant that product descriptions are 100% accurate, complete, reliable, current, or error-free. If you purchase a product from Company that is not as described, your sole remedy is to return it in unused condition for a conforming replacement, refund, or credit.
No Additional Warranties
OTHER THAN THE EXPRESS WARRANTY SPECIFICALLY SET FORTH IN THESE TERMS AND CONDITIONS, COMPANY MAKES NO OTHER EXPRESS WARRANTY OR CONDITION WHETHER WRITTEN OR ORAL. TO THE EXTENT ALLOWED BY LOCAL LAW, COMPANY AND ITS AFFILIATES, SUPPLIERS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY WAIVE ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS, AND OTHERWISE ON THE WEB SITE OR IN CORRESPONDENCE WITH COMPANY OR ITS AGENTS. TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, IT IS LIMITED IN DURATION TO THE WARRANTY PERIOD.
THE WEB SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS, AND MATERIALS, IS PROVIDED “AS IS,” “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME, OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, PLAYABILITY, DISPLAYABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, AND COMPANY HEREBY DISCLAIMS ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. COMPANY DOES NOT WARRANT THAT THE WEB SITE OR THE SERVICES, CONTENT, FUNCTIONS, OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. COMPANY MAKES NO WARRANTY THAT THE WEB SITE WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS AND CONDITIONS OR ELSEWHERE ON THE WEBSITE. COMPANY ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEB SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO CONTENT, OR AUDIO CONTENT FROM THE WEB SITE. IF YOU ARE DISSATISFIED WITH THE WEB SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEB SITE.
UNDER NO CIRCUMSTANCES DOES YOUR USE OF THE WEB SITE FORM ANY RELATIONSHIP, WHETHER IMPLIED OR EXPRESS, WITH COMPANY. COMPANY HEREBY DISCLAIMS ANY SUCH RELATIONSHIP AND ANY LIABILITY ARISING AS A RESULT OF COMPANY’S USE OF ANY CONTENT, INCLUDING, WITHOUT LIMITATION, MESSAGES, COMMENTS, OR CONTRIBUTIONS, CONTAINED ON THE WEB SITE.
Company tries to ensure that the information posted on the Web Site is correct and up-to-date. Company reserves the right to change or make corrections to any of the information provided on the Web Site at any time and without any prior warning, including, but not limited to, price and product specifications. Company cannot, and does not, guarantee the correctness, precision, thoroughness, or completeness of any of the information available on the Web Site, nor will Company be liable for any inaccuracy or omission concerning any of the information provided on the Web Site.
Web Site Ownership and Proprietary Rights
Any commercial or promotional distribution, publishing, or exploitation of the Web Site, or any content, code, data, or materials on the Web Site, is strictly prohibited without the express prior written consent of Company or the rights/license holder. Other than as expressly allowed in these Terms and Conditions, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell, or otherwise exploit any content from the Site, including code, data, or materials on the Web Site. You may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on the Web Site or provided through the services made available on or through the Web Site, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices. If you make other use of the Web Site, or the content, code, data or materials thereon, except as otherwise provided above, you may be in violation of Copyright and other laws of the United States, and foreign countries, as well as all applicable state laws, and you may be subject to liability for such unauthorized use. Company will aggressively enforce its intellectual property rights to the fullest extent of the law, including referral to appropriate authorities for criminal prosecution.
You may access and view the content on the Web Site on your computer or other Internet compatible device. The Web Site and the services offered on or through the Web Site, including all content and materials contained on the Web Site, are only for your personal, non-commercial use.
The trademarks, logos, service marks, and trade names (collectively, the “Trademarks”) displayed on the Web Site are registered and unregistered Trademarks of Company and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. All Trademarks not owned by Company that appear on the Web Site or on or through the Web Site’s services, if any, are the property of their respective owners. Nothing contained on the Web Site should be construed as granting any license or right to use any Trademark displayed on the Web Site without the prior written permission of Company or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on the Web Site or any of the Web Site’s services is strictly prohibited. Company will aggressively enforce its Trademark rights to the fullest extent of the law, including referral to appropriate authorities for criminal prosecution.
The Copyright Agent for Company is:
Company respects the intellectual property rights of others, and requires people who use the Web Site, or the services or features made available on or through the Web Site, to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to Company’s Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named above:
1. Your address, telephone number, and e-mail address;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the alleged infringing material is located;
4. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
5. A physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Prohibited User Conduct
You warrant and agree that, while using the Web Site and the various services and features offered on or through the Web Site, you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party’s advertising, branding, or other promotional content into any of the Web Site’s content, materials, or services or use, redistribute, republish, or exploit such content or service for any further commercial or promotional purposes; or (c) attempt to gain unauthorized access to other computer systems through the Web Site.
You shall not: (i) engage in “spidering,” “screen scraping,” “database scraping” or “mining,” “hacking,” “spamming,” harvesting of e-mail addresses, wireless addresses, or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Web Site or the services offered on or through the Web Site, including without limitation any information residing on any server or database connected to the Web Site or the services offered on or through the Web Site; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials, or information through any means; (iii) use the Web Site or the services made available on or through the Web Site in any manner with the intent to interrupt, damage, disable, overburden, or impair the Web Site or such services, including, without limitation, sending mass unsolicited messages, spam, or “flooding” servers with requests; (iv) use the Web Site or the Web Site’s services or features in violation of Company’s or any third party’s intellectual property or other proprietary or legal rights; (v) use the Web Site or the Web Site’s services in violation of any applicable law; or (vi) use the Web Site to (a) upload, download, display, perform, transmit, or otherwise distribute any content that is libelous, defamatory, obscene, pornographic, abusive, or threatening, (b) which advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation, or (c) which advertises or otherwise solicits funds or is a solicitation for goods or services. You further agree that you shall not attempt, or encourage or support anyone else’s attempt, to circumvent, hack, reverse engineer, decrypt, or otherwise alter or interfere with the Web Site or the Web Site’s services, or any of their content, or make any unauthorized use the Website’s services or content. You agree that you shall not use the Web Site in any manner that could damage, disable, overburden, or impair the Web Site or interfere with any other party’s use and enjoyment of the Web Site. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Web Site. Company reserves the right to terminate your receipt, transmission, or other distribution of any material using the Web Site, and, if applicable, to delete any such material from the servers. Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of the Terms and Conditions or of any applicable laws.
Right to Monitor Activities and Editorial Control
Company reserves the right, but does not have an obligation, to monitor and/or review all of the information submitted to the Web Site by users in connection with the Web Site’s services or features. Company is not responsible for any such materials submitted by its users. However, Company reserves the right at all times to disclose any information as necessary to satisfy any law, regulation, or government request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, that in Company’s sole discretion are objectionable or in violation of the Terms and Conditions, Company’s policies, or applicable law. Company may also impose limits on certain features of the forums or restrict your access to part or all of the forums, including but limited to terminating your account and/or access, without notice or penalty if Company believes you have breached the guidelines set forth in this paragraph, the Terms and Conditions, or applicable law, or for any other reason without notice of liability.
Links to the Web Site
You agree that if you link to this Web Site from any other site, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of this Web Site. You are not permitted to link directly to any image hosted on the Web Site or Company’s services, such as using an “in-line” linking method to cause the image hosted by Company to be displayed on another Web site. You agree not to download or use images hosted on this Web Site on another Web site, for any purpose, including, without limitation, posting such images on another site. You agree not to link from any other Web site to this Web Site in any manner such that the Web Site, or any page of the Web Site, is “framed,” or surrounded by any third party content, materials, or branding. Company reserves all rights under the law to insist that any link to the Web Site be discontinued, and to revoke your right to link to the Web Site from any other Web site at any time upon written notice to you.
You agree to defend, indemnify, and hold Company and its directors, officers, employees, and agents harmless from any and all claims, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Web Site, your placement or transmission of any message, content, information, software, or other materials through the Web Site, or your breach or violation of the law or of the Terms and Conditions. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Company’s defense of such claim.
Third Party Web Sites
External links from the Web Site to third party Web sites (“Linked Sites”) may be provided for your convenience. You acknowledge and agree that Company has no responsibility for or control of the information, content, products, services, advertising, code, or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of Company. Links to Linked Sites do not constitute an endorsement or sponsorship by Company of such Web sites or the information, content, products, services, advertising, code, or other materials presented on or through such Linked Sites. Company is not responsible for web casting or any other form of transmission received from Linked Sites. Any reliance on the contents of Linked Sites is done at your own risk, and you assume all responsibilities and consequences resulting from such reliance.
Limitation of Liability
To the maximum extent permitted by law, Company disclaims all liability for Company, Company’s directors, officers, employees, agents, or content or service providers (collectively “Protected Entities”), whether based in contract, tort (including negligence), strict liability or otherwise, and further disclaims all losses, including, without limitation, direct, indirect, special, incidental, consequential, exemplary, or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Web Site, the content, materials, and functions contained on or within the Web Site, and/or the information provided by you through the Web Site, even if Protected Entities have been advised of the possibility of such damages. In no event shall the Protected Entities be liable for or in connection with any content posted, transmitted, exchanged, or received by or on behalf of any user or other person on or through the Web Site or their use of such content. Without limiting the above, in no event shall the total aggregate liability of Protected Entities arising out of or in connection with the Terms and Conditions or your use of the Web Site exceed the aggregate amount, if any, paid by you to Company during the six (6) months prior to the date the applicable cause of action arose.
Company controls and operates the Web Site from its offices in the State of California, United States of America. Company does not represent that materials on the Web Site are appropriate or available for use in other locations. Persons who choose to access the Web Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to the Terms and Conditions waive their respective rights to a trial by jury.
U.S. Export Controls
Software available in connection with the Web Site and/or its products and services (the “Software”) is subject to United States export controls. No Software may be downloaded from the Web Site or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
Company may terminate, change, suspend, or discontinue any aspect of the Web Site or the Web Site’s services at any time. Company may restrict, suspend, or terminate your access to the Web Site and/or its services if Company believes you are in breach of the Terms and Conditions or applicable law, or for any other reason without notice or liability. Company maintains a policy that provides for the termination in appropriate circumstances of the Web Site use privileges of users who are repeat infringers of intellectual property rights.
Changes to Terms and Conditions
Company reserves the right, at its sole discretion, to change, modify, add, or remove any portion of the Terms and Conditions, in whole or in part, at any time. Changes in the Terms and Conditions will be effective when posted. Your continued use of the Web Site and/or the services made available on or through the Web Site after any changes to the Terms and Conditions are posted will be considered acceptance of those changes. You are directed and highly encouraged to view the Terms and Conditions every time to access the Web Site to ensure that you are fully aware of the Terms and Conditions that affect and govern your use of the Web Site.
Conflict of Terms
If there is a conflict or contradiction between the provisions of the Terms and Conditions and any other relevant terms and conditions, policies, or notices which relate specifically to a particular section or module of the Web Site (“Specific Terms”), those Specific Terms shall prevail in respect of your use of the relevant section or module of the website.
All disputes regarding the Terms and Conditions and the enforcement of them (a “Dispute”) first shall be submitted to mediation in which all parties participate in good faith. In the event the Dispute cannot be successfully mediated following the good faith participation of all parties, the Dispute shall be submitted to final and binding arbitration. The arbitration shall be initiated and conducted according to either the JAMS Arbitration Rules and Procedures in effect at the time the request for arbitration is made (the “Arbitration Rules”). The arbitration shall be conducted in Santa Barbara County before a single neutral arbitrator appointed in accordance with the Arbitration Rules. The parties may propound a reasonable number of requests for production of documents and may take such depositions as are reasonably required before the hearing, subject to the arbitrator’s right to issue such protective orders as are appropriate to prevent oppression and harassment, or to protect the trade secrets of a party. The parties waive the right to seek punitive damages, and the arbitrator shall have no authority to award such damages. The parties waive the right to proceed as a class action and/or to have a trial by jury or otherwise. The arbitrator will provide a detailed written statement of decision, which will be part of the arbitration award and admissible in any judicial proceeding to confirm, correct, or vacate the award. The parties retain the right to appeal any decision of the arbitrator. The prevailing party in such appeal shall be entitled to recover its reasonable outside attorneys’ fees and litigation costs if such prevailing party was also the prevailing party in the arbitration. Judgment upon the award may be entered in any court of competent jurisdiction in Santa Barbara County, California or such federal court which serves Santa Barbara County, California. The existence and decision of any dispute resolution process shall be confidential, and no party shall disclose the existence or outcome of such proceeding except to such party’s attorneys, accountants, or financial advisors who have a need to know, except as may be compelled by legal process through the courts or government regulatory body.
Severability and Unenforceability
If any provision of the Terms and Conditions 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 and Conditions remain in full force and effect. Any provision of the Terms and Conditions which is or becomes unenforceable in any jurisdiction, whether due to being void, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only, and only to the extent that it is so unenforceable, be treated as void and the remaining provisions of the Terms and Conditions shall remain in full force and effect.
The Terms and Conditions, and the relationship between you and Company, shall be governed by the laws of the State of California, United States of America, without regard to conflict of law provisions. You agree that any cause of action that may arise under the Terms and Conditions shall be commenced and be heard in the appropriate court in the State of California, County of Santa Barbara, United States of America. You agree to submit to the personal and exclusive jurisdiction of the courts located within Santa Barbara County in the State of California. Company’s failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. Any instance of a waiver of any right shall not constitute a waiver of such right in a subsequent instance any other right.
Last updated: January 10, 2012.