You understand that exercise may be a risk to my physical health and safety if
not done properly. You further understand that it is 10TH PLANET JIU JITSU's
recommendation that you consult a physician prior to using any equipment,
engaging in any exercise, mma program or activity, or undertaking any food or
diet program, whether or not such program is recommended by 10TH PLANET JIU
JITSU. You understand that neither 10TH PLANET JIU JITSU nor the advice of any
10TH PLANET JIU JITSU personnel is a substitute for medical advice.
By using this Internet Web site and any affiliate Internet sites, you agree to
hold 10TH PLANET JIU JITSU, its agents, assigns, subsidiaries, subtenants,
employees, licensees, and officers ("related entities") harmless for any action,
suit, claim, loss, injury, or damage, arising from your recklessness,
negligence, misuse of gym equipment, improper execution of generally acceptable
exercise or mma techniques, or for any damage or injury that occurs pursuant to
any information received on the Internet, or by any other means now known or
later developed. You acknowledge that you have had the prior opportunity to, and
have, consulted a physician before entering into this agreement. You hereby
agree to hold 10TH PLANET JIU JITSU, together with all its related entities,
harmless for any action, suit, claim, loss, injury, or damage arising from any
and all injuries sustained arising out of your subscription.
NO WARRANTY: 10TH PLANET JIU JITSU MAKES NO WARRANTIES, OF ANY KIND OR NATURE,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF
MERCHANT ABILITY OR FOR A PARTICULAR PURPOSE OR USE.
Your use of our Internet sites or any of the products or services offered on
those sites (collectively, the "Services") is subject to these Terms of Use
(these "Terms"). We may modify these Terms at any time without notice to you by
posting revised Terms on our sites. Your use of our sites constitutes your
binding acceptance of these Terms, including any modifications that we make.
Some of the Services may be subject to additional posted conditions. Your use of
those Services is subject to those conditions, which are incorporated into these
Terms by reference. In the event of an inconsistency between these Terms and any
additional posted conditions, the provisions of the additional conditions shall
control.
We have the right, but not the obligation, to take any of the following actions
in our sole discretion at any time and for any reason without giving you any
prior notice:
Restrict, suspend, or terminate your access to all or any part of our Services;
Change, suspend, or discontinue all or any part of our Services;
Refuse, move, or remove any material that you submit to our sites for any
reason;
Refuse, move, or remove any content that is available on our sites;
Deactivate or delete your accounts and all related information and files in your
account;
Establish general practices and limits concerning use of our sites.
You agree that we will not be liable to you or any third party for taking any of
these actions.
You understand and agree that our Services may include communications such as
service announcements and administrative messages from us or from our partners
and that these communications are considered part of the Services. You will not
be able to opt out of receiving these messages. You also understand that our
Services may include advertisements.
Content on our sites
Our sites include a combination of content that we create, that our partners
create, and that our users create. All materials published on our sites,
including, but not limited to, written content, photographs, graphics, images,
illustrations, marks, logos, sound or video clips, and Flash animation, are
protected by our copyrights or trademarks or those of our partners. You may not
modify, publish, transmit, participate in the transfer or sale of, reproduce,
create derivative works of, distribute, publicly perform, publicly display, or
in any way exploit any of the materials or content on our sites in whole or in
part.
You are solely responsible for all materials, whether publicly posted or
privately transmitted, that you upload, post, e-mail, transmit, or otherwise
make available on our sites ("Your Content"). You certify that you own all
intellectual property rights in Your Content. You hereby grant us, our
affiliates, and our partners a worldwide, irrevocable, royalty-free,
nonexclusive, sublicensable license to use, reproduce, create derivative works
of, distribute, publicly perform, publicly display, transfer, transmit,
distribute, and publish Your Content and subsequent versions of Your Content for
the purposes of (i) displaying Your Content on our sites, (ii) distributing Your
Content, either electronically or via other media, to users seeking to download
or otherwise acquire it, and/or (iii) storing Your Content in a remote database
accessible by end users, for a charge. This license shall apply to the
distribution and the storage of Your Content in any form, medium, or technology
now known or later developed.
Our site contains content that we create as well as content provided by third
parties. This content includes, among other things, product reviews, white
papers, and stock quotes. It also includes information about products and
services offered by parties other than 10th Planet Jiu Jitsu, such as product
descriptions, specifications, pricing, availability, and performance. We do not
guarantee the accuracy, the integrity, or the quality of the content on our
sites, and you may not rely on any of this content. Without limitation, we are
not responsible for postings by users in the user opinion, message board, or
feedback sections of our sites.
You may be exposed to content that you find offensive, indecent, or
objectionable or that is inaccurate, and you bear all risks associated with
using that content. We have the right, but not the obligation, to remove any
content that may, in our sole discretion, violate these Terms or that is
otherwise objectionable.
Third-party sites, products, and Services
Our sites contain links to other Internet sites owned by third parties. Your use
of each of those sites is subject to the conditions, if any, that each of those
sites has posted. We have no control over sites that are not ours, and we are
not responsible for any changes to or content on them. Our inclusion on our
sites of any third-party content or a link to a third-party site is not an
endorsement of that content or third-party site.
We do not sell, resell, or license any of the products or the services that we
review, list, or advertise on our sites, and we disclaim any responsibility for
or liability related to them. Your correspondence or related activities with
third parties, including payment transactions and goods-delivery transactions,
are solely between you and that third party. You agree that we will not be
responsible or liable for any loss or damage of any sort incurred as the result
of any of your transactions with third parties. Any questions, complaints, or
claims related to any product or service should be directed to the appropriate
vendor.
10th Planet Jiu Jitsu's Fee Based Services
Some of the Services require you to pay a fee, as described in the specific
conditions included where those Services are offered. You agree to pay all fees
and charges that you incur. Unless otherwise noted, all currency references are
in U.S. dollars. We may, upon notice if required by applicable laws, at any time
change the amount of, or basis for determining, any fee or charge, or institute
new fees or charges. All fees and charges are payable in accordance with payment
terms in effect at the time the fee or the charge becomes payable.
Privacy policy
All of the information that we collect from you, such as registration and credit
card information, is subject to our privacy policy. Please click here to see our
full privacy policy.
Your conduct on our sites
If we request registration information from you, you will provide us with true,
accurate, current, and complete information. You will promptly update your
registration to keep it accurate, current, and complete. If we issue you a
password, you may not reveal it to anyone else. You may not use anyone else's
password. You are responsible for maintaining the confidentiality of your
accounts and passwords. You agree to immediately notify us of any unauthorized
use of your passwords or accounts or any other breach of security. You also
agree to exit from your accounts at the end of each session. We will not be
responsible for any loss or damage that may result if you fail to comply with
these requirements.
The technology and the software underlying our sites and the Services is the
property of 10th Planet Jiu Jitsu, our affiliates, and our partners. You agree
not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse
engineer, grant a security interest in, or otherwise transfer any right to the
technology or software underlying our sites or the Services. You agree not to
modify the software underlying our sites in any manner or form or to use
modified versions of such software, including (without limitation) for the
purpose of obtaining unauthorized access to our sites.
Without limiting the foregoing, you agree that you will not use our sites to
take any of the following actions:
Defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of
others;
Publish, post, upload, e-mail, distribute, or disseminate (collectively,
"Transmit") any inappropriate, profane, defamatory, infringing, obscene,
indecent, or unlawful content;
Transmit files that contain viruses, corrupted files, or any other similar
software or programs that may damage or adversely affect the operation of
another person's computer, our sites, any software or hardware, or
telecommunications equipment;
Advertise or offer to sell any goods or services for any commercial purpose
unless you have our written consent to do so;
Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or
promotional materials, or chain letters;
Download any file that you know or reasonably should know cannot be legally
obtained in such manner;
Falsify or delete any author attributions, legal or other proper notices or
proprietary designations or labels of the origin or the source of software or
other material;
Restrict or inhibit any other user from using and enjoying any public area
within our sites;
Collect or store personal information about other end users;
Interfere with or disrupt our sites, servers, or networks;
Impersonate any person or entity, including, but not limited to, a 10th Planet
Jiu Jitsu representative, or falsely state or otherwise misrepresent your
affiliation with a person or entity;
Forge headers or manipulate identifiers or other data in order to disguise the
origin of any content transmitted through our sites or to manipulate your
presence on our sites;
Take any action that imposes an unreasonably or disproportionately large load on
our infrastructure;
Engage in any illegal activities.
You agree to use our bulletin board services, chat areas, news groups, forums,
communities and/or message or communication facilities (collectively, the
"Forums") only to send and receive messages and material that are proper and
related to that particular Forum.
If you choose a username that, in our sole discretion, is obscene, indecent,
abusive or that might otherwise subject us to public disparagement or scorn, we
reserve the right, without prior notice to you, to automatically change your
username, delete your posts from our sites, deny you access to our sites, or any
combination of these options.
Unauthorized access to our sites is a breach of these Terms and a violation of
the law. You agree not to access our sites by any means other than through the
interface that is provided by 10th Planet Jiu Jitsu for use in accessing our
sites. You agree not to use any automated means, including, without limitation,
agents, robots, scripts, or spiders, to access, monitor, or copy any part of our
sites, except those automated means that we have approved in advance and in
writing.
Use of our sites is subject to existing laws and legal process. Nothing
contained in these Terms shall limit our right to comply with governmental,
court, and law-enforcement requests or requirements relating to your use of our
sites.
Indemnification
You hereby agree to indemnify, defend and hold 10th Planet Jiu Jitsu and all of
our officers, directors, owners, employees, agents, information providers,
affiliates, partners, and licensors (collectively, the "10th Planet Jiu Jitsu
Parties") harmless from and against any and all liability, losses, costs, and
expenses (including attorneys' fees) incurred by any 10th Planet Jiu Jitsu Party
in connection with any claim, including, but not limited to, claims for
defamation, violation of rights of publicity and/or privacy, copyright
infringement, or trademark infringement arising out of:
Your use of our sites;
Any use or alleged use of your accounts or your passwords by any person, whether
or not authorized by you;
The content, the quality, or the performance of content that you submit to our
sites;
Your connection to our sites;
Your violation of these Terms; or
Your violation of the rights of any other person or entity.
We reserve the right, at our own expense, to assume the exclusive defense and
control of any matter for which you are required to indemnify us, and you agree
to cooperate with our defense of these claims.
Disclaimers
We disclaim any responsibility for the deletion, the failure to store, the
misdelivery, or the untimely delivery of any information or material. We
disclaim any responsibility for any harm resulting from downloading or accessing
any information or material on the Internet using search results from our sites.
We disclaim any responsibility for, and if you subscribe to one of our fee-based
services you will not be entitled to a refund as a result of, any service
outages that are caused by our maintenance on the servers or the technology that
underlies our sites, failures of our service providers (including
telecommunications, hosting, and power providers), computer viruses, natural
disasters or other destruction or damage of our facilities, acts of nature, war,
civil disturbance, or any other cause beyond our reasonable control.
WE DO NOT WARRANT THAT OUR SITES WILL BE UNINTERRUPTED OR ERROR FREE. IN
ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON OUR SITES. OUR SITES
AND THEIR CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. ANY
MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR SITES IS DONE AT YOUR
OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL
DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD
OF ANY SUCH MATERIAL. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTY THAT
(i) OUR SITES WILL MEET YOUR REQUIREMENTS, (ii) OUR SITES WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF OUR SITES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH OUR
SITES WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS WILL BE CORRECTED. NEITHER
WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED
WARRANTIES OF MERCHANTABILITY or FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR
SITES, ANY CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS, OR PROPERTIES. YOU
EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE
PERFORMANCE OF OUR SITES AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.
NEITHER WE NOR OUR PARTNERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR
INABILITY TO USE OUR SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR
EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR
THIRD-PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO
THE GREATEST EXTENT PERMITTED BY LAW.
Arbitration
10th Planet Jiu Jitsu may elect to resolve any controversy or claim arising out
of or relating to these Terms or our sites by binding arbitration. Any such
controversy or claim shall be arbitrated on an individual basis and shall not be
consolidated in any arbitration with any claim or controversy of any other
party. The arbitration shall be conducted in Vancouver, Canada, and judgment on
the arbitration award may be entered in any court having jurisdiction thereof.
Either you or we may seek any interim or preliminary relief from a court of
competent jurisdiction in Vancouver, Canada, necessary to protect the rights or
the property of you or 10th Planet Jiu Jitsu or its agents, suppliers, and
subcontractors), pending the completion of arbitration.
Miscellaneous
We may be required by provincial or federal law to notify you of certain events.
You hereby acknowledge and consent that such notices will be effective upon our
posting them on our sites or delivering them to you through e-mail. You may
update your e-mail address by visiting the Services where you have provided
contact information. If you do not provide us with accurate information, we
cannot be held liable if we fail to notify you.
Our failure to exercise or enforce any right or provision of these Terms shall
not constitute a waiver of such right or provision.
You agree that regardless of any statute or law to the contrary, any claim or
cause of action arising out of or related to use of our sites or these Terms
must be filed within one (1) year after such claim or cause of action arose or
be forever barred.
These Terms, including all terms, conditions, and policies that are incorporated
into these terms by reference, constitute the entire agreement between you and
10th Planet Jiu Jitsu and govern your use of our sites, superceding any prior
agreements that you may have with us.
These Terms shall be construed in accordance with the laws of the Province of
British Columbia, and the parties irrevocably consent to bring any action to
enforce these Terms before an arbitration panel or before a court of competent
jurisdiction in Vancouver, Canada if seeking interim or preliminary relief or
enforcement of an arbitration award.
If any part of these Terms is determined to be invalid or unenforceable pursuant
to applicable law, then the invalid or unenforceable provision will be deemed
superceded by a valid, enforceable provision that most closely matches the
intent of the original provision, and the remainder of the Terms shall continue
in effect.
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