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NEW CREATION WRESTLING AND JIUJITSU, LLC TERMS OF USE FOR WEBSITES AND MOBILE APPLICATIONS
May 29, 2019
READ THESE TERMS OF USE. BY USING AND/OR ACCESSING THIS WEBSITE, YOU ARE AGREEING TO BE BOUND BY THE TERMS SET FORTH HEREIN. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.
THESE TERMS OF USE CONTAIN DISCLAIMERS OF WARRANTIES AND LIABILITIES AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. THESE TERMS OF USE ALSO CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS, CLASS ACTIONS OR OTHER COURT PROCEEDINGS.
Introduction
These Terms of Use apply to your access to, and use of, all or part of any website or mobile application of New Creation Wrestling and Jiujitsu, LLC, including newcreationwrestlingandjiujitsu.com, and any other site, mobile application or online service where these Terms of Use are posted . These Terms of Use exclude NCWJ memberships, private lessons training services and any other products or services that are not offered through the site. These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with NCWJ for products, services or otherwise.
In the event there is any conflict or inconsistency between these Terms of Use and any other terms of use that appear on the site, these Terms of Use will govern. However, if you navigate away from the site to a third party site, you may be subject to alternative terms and conditions of use, as may be specified on such site, which will govern your use of that site.
NCWJ reserves the right to change or modify these Terms of Use or any policy or guideline of the site, at any time and in its sole discretion. If we make material changes to these Terms of Use, we will inform you by posting a notice on the Site. Any changes or modifications will be effective immediately upon posting the revisions to the site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the site will confirm your acceptance of such changes or modifications; therefore, you should frequently review these Terms of Use and applicable policies to understand the terms and conditions that apply to your use of our Sites. If you do not agree to the amended terms, you must stop using the site.
Use by Minors
The Sites are not targeted towards, nor intended for use by, anyone under the age of 18. YOU MUST BE AT LEAST AGE 18 TO ACCESS AND USE THE SITES. By using the Sites, you represent that you are at least 18 years old.
Children’s privacy is very important to NCWJ. We adhere to the United States Children's Online Privacy Protection Act (“COPPA”). COPPA restricts marketing to children under 13 years of age and sets forth certain requirements for website operators to protect children's privacy and safety online, including informing parents and/or legal guardians how we collect, use, and disclose personal information from children under 13 years of age, as well as, how to obtain verifiable consent from a parent/legal guardian in order for children to use certain features of on a website. NCWJ will not knowingly allow anyone under 13 years of age to provide us with any personal information about themselves through our site. If a child has provided us with personal information without the consent of a parent/legal guardian, we ask the parent/legal guardian of that child to contact NCWJ immediately. We will use all reasonable efforts to promptly delete the child's personal information from our servers.
Account Registration and Eligibility
In order to participate in certain areas of our Sites, you may need to create or register for an account. In such a case, you agree to (a) create only one account; (b) provide accurate, current and complete information when creating your account; (c) maintain and promptly update your account information; (d) maintain the security of your account by not sharing your password with others and restricting access to your account and your computer; (e) promptly notify NCWJ if you discover or otherwise suspect any security breaches relating to the site; and (f) take responsibility for all activities that occur under your account and accept all risks of unauthorized access.
Privacy
Please read the NCWJ Privacy Policycarefully to understand how NCWJ collects, uses and discloses personally identifiable information from its users. By accessing or using the site, you consent to all actions that we take with respect to your data and any information you submit to us through the site consistent with our Privacy Policy. I understand that by providing my contact information, I may be contacted regarding my inquiry.
Purchase Transactions; Sales Terms
In the event we make products or services available to purchase through the site (a “Purchase Transaction”), you may be asked to supply certain relevant information, such as your payment card number and expiration date, and billing and shipping addresses. In such event, you represent and warrant that you have the right to use the payment information you provide us in connection with a Purchase Transaction.
NCWJ reserves the right, including without prior notice, to limit or discontinue making available any services or products available through the site; to provide for restrictions and conditions on the honoring of a discount, promotion or coupon; to prohibit a user from making any Purchase transaction; and to refuse to provide any user with a service or product. We make no representations as to the accuracy or completeness of descriptions, pictures or illustrations of services or products, and such information and the availability of any service or product (including the validity of price, discount, promotion or coupon) is subject to change at any time without notice.
Without limiting the foregoing, NCWJ reserves the right to revoke any offer and correct any errors, inaccuracies or omissions, including after an order has been submitted (whether or not the order has been confirmed and your credit card charged). If an order is cancelled after you have been charged, NCWJ will issue a credit to your credit card account or bank account (for debit card purchases) in the amount of the charge (see your individual bank’s or card issuer’s policies as to when this amount will be credited to your account). Refunds and exchanges will be subject to NCWJ’s applicable refund and exchange policies. All NCWJ product sales are final. A reasonable exchange policy will be applied within 10 days after date of purchase. You agree to pay all charges (and any applicable taxes) incurred by you through the site, at the prices in effect when such charges are incurred.
Limited License to Use Proprietary Materials; Copyright
Unless otherwise indicated, the Sites and all content and other materials therein, including, without limitation, the NCWJ logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "Proprietary Materials") are the proprietary property of NCWJ or its licensors or users and are protected by U.S. and international copyright laws.
You are granted a limited, non-sub licensable license to access and use the Site and Proprietary Materials for personal, informational and purchasing purposes only. Such license is subject to the Terms of Use and does not include: (a) any resale or commercial use of the Site or Proprietary Materials; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Proprietary Materials; (d) modifying or otherwise making any derivative uses of the Site and the Proprietary Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Sites, the Proprietary Materials or any information contained therein, except as expressly permitted on the Site; or (g) any use of the Site or the Proprietary Materials other than for their intended purpose. Any use of the Site or Proprietary Materials other than as specifically authorized herein, without the prior written permission of NCWJ, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith.
Use Restrictions
The Site may include areas in which registered users may create or post messages, materials, information, music, photos, videos, applications, links or other items or materials ("Posted Content"). You hereby agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Site any of the following:
- Unless specifically requested by NCWJ, any “sensitive” personally identifiable information about yourself or another person (including, but not limited to, information that relates to health or medical conditions, social security numbers, credit cards, bank accounts or other financial information, other information concerning trade union membership, sex life, political opinions, criminal charges or convictions, religious beliefs, racial or ethnic origin, or other sensitive matters);
- Posted Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, otherwise objectionable or which threatens our relationships with our employees, members, guests, partners, customers or suppliers;
- Posted Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Posted Content that impersonates any person or entity or otherwise misrepresents your identity or affiliation with another person or entity;
- Spam, direct marketing communications or any unsolicited advertising, promotional materials or other forms of solicitation or commercial content;
- Posted Content that constitutes, encourages or provides instructions for a criminal offense, violates the rights of any party or that creates liability or violates any applicable local, state, national or international law;
- Viruses, spyware, Trojan horses, Easter eggs or any other harmful, disruptive or destructive files; and
- Posted Content that violates these Terms of Use or, in the sole judgment of NCWJ, is objectionable, restricts or inhibits any other person from using or enjoying the Sites or which damages the image or rights of NCWJ, other users or third parties.
You further agree not to (i) use technology or other means to access NCWJ or the Site or Proprietary Materials that is not authorized by NCWJ; (ii) use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," to access NCWJ or the Sites or Proprietary Materials; (iii) attempt to gain unauthorized access to NCWJ computer network or user accounts; or (iv) attempt to damage, disable, overburden, or impair NCWJ servers or networks.
NCWJ does not control, take responsibility for or assume liability for any Posted Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is NCWJ liable for any user conduct or any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Interactive areas are generally designed as open and public community areas for connecting and sharing with other people. When you participate in these areas, you understand that certain information and content you choose to post may be displayed publicly. You are solely responsible for your use of the Site and agree to use the interactive areas at your own risk.
Enforcement of these Terms of Use, however, is solely in our discretion and absence of enforcement in some instances does not constitute a waiver of our right to enforce the Terms of Use in other instances. In addition, these Terms of Use do not create any private right of action on the part of any third party or any reasonable expectation or promise that the Sites will not contain any content that is prohibited by these Terms of Use. Although NCWJ has no obligation to screen, edit or monitor any of the Posted Content posted on the Site, NCWJ reserves the right, and has absolute discretion, to remove, screen or edit any Posted Content on the Site at any time and for any reason without notice. You are solely responsible for creating backup copies and replacing any Posted Content you post or store on the Site at your sole cost and expense.
If you are viewing the Site on a public computer or are otherwise using a computer to which multiple people have potential access, be sure to follow all relevant instructions to ensure you are sufficiently disconnected and logged off the Sites and the computer system you are using to prevent unauthorized Posted Content.
License to Posted Content
You represent and warrant that your Posted Content is not subject to any confidentiality obligations and that you own and control all of the rights to the Posted Content, have the lawful right to distribute and produce such Posted Content, or otherwise have the right to grant the rights to NCWJ that you grant herein. NCWJ claims no ownership or control over any Posted Content, except as otherwise provided herein, on the Site or in a separate agreement. However, by submitting or posting Posted Content on the Site, you grant NCWJ and its designees a perpetual, irrevocable, non-exclusive, fully-paid up and royalty free license to use, sell, reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, publish, license or sub-license the Posted Content and your name and likeness provided in connection with such use of your Posted Content. By posting Posted Content, you hereby release NCWJ and its agents and employees from any claims that such use, as authorized above, violates any of your rights and you understand that you will not be entitled to any compensation for any use of your Posted Content.
Creating Links
You are granted a limited, non-exclusive right to create text hyperlinks to the Sites for noncommercial purposes, provided such links do not portray NCWJ in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any obscene, pornographic, sexually explicit or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. In addition, you may not use NCWJ' logo or other proprietary graphics to link to our Site without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any NCWJ trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without our express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of NCWJ or any third party. NCWJ makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of websites linking to the Sites. Such sites are not under the control of NCWJ and NCWJ is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites.
Third Party Information, Products, Services and Content
NCWJ may provide third party content on the Sites (including embedded content) and links to web pages and content of third parties, including advertisements and promotions (collectively, “Third Party Content”) as a service to those interested in this information. We do not control, endorse or adopt any Third Party Content, including that the inclusion of any link does not imply affiliation, endorsement or adoption by ISHC of any site or any information contained therein, and can make no guarantee as to its accuracy or completeness. You acknowledge and agree that NCWJ is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review such Third Party Content. You agree to use such Third Party Content contained therein at your own risk. When you visit other sites via Third Party Content, or participate in promotions or business dealings with third parties, you should understand that our terms and policies no longer govern, and that the terms and policies of those third party sites will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from our Sites.
Disclaimer
IN ADDITION, YOU EXPRESSLY AGREE THAT, OTHER THAN TO THE EXTENT THAT ANY WARRANTY IS INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW, (A) THE SITES AND ALL MATERIALS, RESOURCES, INFORMATION, SOFTWARE, THIRD PARTY RESOURCES, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES (COLLECTIVELY, TOGETHER WITH THE SITES, THE “ONLINE SERVICES”) ARE PROVIDED “AS IS,” “WHERE IS” AND “AS AVAILABLE” FOR YOUR USE. THE ONLINE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE; AND (B) NONE OF ISHC, ITS SUBSIDIARIES OR ITS AFFILIATES, NOR THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, OWNERS, MEMBERS, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS OR SERVICE PROVIDERS, NOR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (COLLECTIVELY, “ISHC PARTIES”), MAKE ANY WARRANTY THAT THE CONTENT OF THE SITES IS ACCURATE, RELIABLE OR CORRECT, THAT THE SITES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT THE SITES ARE SECURE, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, THAT THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS AVAILABLE THROUGH THE SITE. ALL DISCLAIMERS OF ANY KIND IN THESE TERMS OF USE (INCLUDING IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE) ARE MADE ON BEHALF OF BOTH MCWJ AND THE OTHER NCWJ PARTIES. YOU EXPRESSLY AGREE THAT THE FOREGOING DISCLAIMER OF WARRANTIES IS INTENDED TO BE AS BROAD AND INCLUSIVE AS IS PERMITTED BY CALIFORNIA LAW AND THAT IF ANY PORTION THEREOF IS HELD INVALID, YOU AGREE THAT THE BALANCE SHALL, NOTWITHSTANDING, CONTINUE IN FULL FORCE AND EFFECT.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL ANY NCWJ PARTY BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT ARISE OUT OF OR ARE RELATED TO THESE TERMS OF USE, INCLUDING DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITES OR RESOURCES, PRODUCTS, THIRD PARTY RESOURCES OR INFORMATION MADE AVAILABLE THROUGH THE SITES OR ANY VIRUS THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH. THE FOREGOING LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGE.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE SECTION TITLED “PURCHASE TRANSACTIONS; SALES TERMS,” YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE OR RESOURCES, PRODUCTS, THIRD PARTY RESOURCES OR INFORMATION MADE AVAILABLE THROUGH THE SITES IS TO STOP USING THE SITES. THE MAXIMUM LIABILITY OF ALL ISHC PARTIES, IN THE AGGREGATE, FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE OFFERING OR THESE TERMS OF USE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS (EVEN IF WE HAVE BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGE), SHALL BE THE GREATER OF (A) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO NCWJ SOLELY TO USE THE SITES; AND (B) TEN U.S. DOLLARS ($10).
ALL LIMITATIONS OF LIABILITY OF ANY KIND IN THESE TERMS OF USE (INCLUDING IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE) ARE MADE ON BEHALF OF BOTH NCWJ AND THE OTHER NCWJ PARTIES.
IF ANY LAW THAT APPLIES TO YOU DOES NOT ALLOW ANY EXCLUSION OR LIMITATION OF CERTAIN DAMAGES AS SET FORTH ABOVE, TO THE EXTENT REQUIRED BY SUCH APPLICABLE LAW, THE APPLICABLE EXCLUSION OR LIMITATION SHALL NOT APPLY TO YOU (AND YOU MAY HAVE CERTAIN ADDITIONAL RIGHTS) AND OUR LIABILITY TO YOU ARISING OUT OF OR RELATING TO THE OFFERING OR THESE TERMS OF USE SHALL BE LIMITED TO THE EXTENT PERMITTED BY SUCH APPLICABLE LAW. IN PARTICULAR, YOU EXPRESSLY AGREE THAT THE FOREGOING LIMITATION OF LIABILITY PROVISIONS ARE INTENDED TO BE AS BROAD AND INCLUSIVE AS IS PERMITTED BY THE LAW OF CALIFORNIA AND THAT IF ANY PORTION THEREOF IS HELD INVALID, YOU AGREE THAT THE BALANCE SHALL, NOTWITHSTANDING, CONTINUE IN FULL FORCE AND EFFECT.
Arbitration of Disputes
EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SITES (EACH, A “DISPUTE”), WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT, WITH RESPECT TO ANY DISPUTE, (A) NCWJ AND YOU ARE EACH WAIVING THE RIGHT TO A COURT ACTION AND A TRIAL BY A JURY; (B) ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; (C) CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED; AND (D) YOU ARE GIVING UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (https://www.adr.org/sites/default/files/Consumer%20Rules.pdf), as amended by these Terms of Use. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of these Terms of Use and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms of Use, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms of Use will preclude you from bringing issues to the attention of federal, state or local agencies and, if applicable law allows, they can seek relief against us for you.
Indemnification
You agree to defend, indemnify and hold harmless NCWJ, its independent contractors, service providers and consultants, and their respective directors, officers, employees, agents, parents, subsidiaries, and other affiliates, from and against any claims, suits, damages, costs, liabilities, penalties, and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to (a) your use of the Site; (b) any Posted Content or Your Ideas you provide; (c) your violation of these Terms of Use; (d) your violation of any rights of any third party; or (e) your conduct in connection with the Site. NCWJ reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defenses.
Modifications to the Sites
NCWJ reserves the right to modify or discontinue, temporarily or permanently, the Site or any features or portions thereof without prior notice. You agree that NCWJ will not be liable for any modification, suspension or discontinuance of the Sites or any part thereof.
Jurisdiction and Governing Laws
These Terms of Use, your use of the Sites, all transactions through the Sites and any claims arising out of or relating to the Sites (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory), shall be governed by the laws of the United States (including the Federal Arbitration Act) and the State of California without regard to California’s conflict of law provisions that would require the application of the laws of another jurisdiction.
Termination
Notwithstanding any of these Terms of Use, NCWJ reserves the right, without notice and in its sole discretion, to terminate your license to use the Sites and to block or prevent your future access to and use of the Sites. NCWJ’s failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.
Severability
If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.