RCJ MACHADO JIU-JITSU ASSOCIATION TERMS AND CONDITIONS

This website, www.machadomethod.com, is offered to you, the user, by RCJ Machado Jiu-Jitsu Association, LLC. (known herein as “RCJ Machado”), conditioned on your acceptance, without modification, of the terms, conditions, policies and notices contained herein. The website www.machadomethod.com is referred to as the Website in the remained of the terms and conditions. Your use of RCJ Machado constitutes your agreement to all such terms, conditions, policies and notices (the “Agreement”). The Agreement is applicable only to www.machadomethod.com and not other sites on the World Wide Web owned or operated by RCJ Machado Jiu-Jitsu Inc., its subsidiaries, affiliates and related entities. RCJ Machado may change, add or remove any part of this Agreement, or any other terms associated with the use of the Website, at any time, by posting a notice of such changes. Any changes shall become part of the Agreement and shall apply as soon as such a notice is posted. By continuing to use the Website after the notice is posted, you are indicating your acceptance of those changes. RCJ Machado and the information contained in the Website is only for your personal use. You may not sell, exchange or share your account access. As long as you comply with the terms of this Agreement, RCJ Machado grants you a non-exclusive, non-transferable, limited right to enter and use the information contained in your access level of the Website. You agree not to interrupt or attempt to interrupt the operation of RCJ Machado in any way.


PLEASE READ THIS PRIVACY STATEMENT CAREFULLY BEFORE USING THIS WEB SITE OR ANY FORUM.

This privacy statement is applicable to RCJ Machado content contained therein, and all services and forums provided thereon. RCJ Machado respects the privacy concerns of all users of RCJ Machado. RCJ Machado also recognizes the valuable potential of technology to help people communicate with the companies whose websites they visit, particularly through customer databases. Responsible use of the information you share with RCJ Machado is paramount. In order to help you understand how the information you provide RCJ Machado will be used, RCJ Machado has created and implemented the following guidelines.


REFUND POLICY

RCJ Machado does not provide refunds to members of the Association. Association members must complete the RCJ Machado Association Agreement, pass a criminal background check and credit check before becoming a member. All members must comply with the terms set forth in the agreement. Memberships have a specific pre-determined length. The length of the membership is agreed to in writing by RCJ Machado and members. RCJ Machado requires all members to fulfill the entire length of the Agreement. No refunds are provided to members since the Content provided is of great value and has taken decades to develop.


YOUR PERSONAL INFORMATION

We will not give any of your personal information to any third party without your express approval. The only personal information we will ask you if you want us to share with third parties is your name and e-mail address. If you don’t want us to share your name and e-mail address, you can tell us that by clicking on “No” in the box at the time you register as a member or each time we request information from you or at other points. We sometimes share aggregated (not personal) information with third parties about our user base, but that information does not include any individually identifiable material.

Sweepstakes and Joint Promotions: On occasion, we conduct various sweepstakes, contests and joint promotions with third parties. In those instances, we will specifically notify you of the intended use of your personal information, the relevant third party, and give you the opportunity to permit or preclude your personal information from being used.


COOKIES

What are “Cookies” and how are they used?

Cookies are small files that may be downloaded to your computer to help the operator of a web site understand your usage patterns on that site. They may also improve the performance of a site for an individual by storing on your computer such items as user passwords, computer configuration, browser type, etc.

Most browsers are set to accept cookies without any action required by the user. You can alter that default setting by clicking the help button and following the instructions for your browser. However, if you set your browser to not accept cookies, some parts of RCJ Machado may not work correctly for you.


FOR KIDS

If you are under 18 years of age, you need to let your parent or guardian know about RCJ Machado’s privacy policy and get his/her permission before giving us any of your personal information, even information required for RCJ Machado registration. If you win a contest that has a prize, your parent or guardian will have to mail or fax us a signed note at the address or fax number listed in the rules for the specific contest that says it was OK for you to enter, and tells us they will accept the prize for you. You will be told to ask a parent before you pay for anything on RCJ Machado if you are under 18. (If you buy anything online, you or your parents may send it back within thirty days if you don’t open it.)

Some areas of this Website may have special rules for children under the age of 18. When you are in those areas you must follow those rules.


FOR PARENTS

Parents or guardians are encouraged to spend time online with their children to become familiar with the types of content available on RCJ Machado and the Internet in general. Parents should regularly oversee their children’s use of e-mail and other online communications and transactional features. Control tools are available from online services and software manufacturers that can help provide a safe online environment for kids. If a child has provided us with personally identifiable information, a parent or guardian of that child should contact us if he/she would like this information deleted from our records. We will use reasonable efforts to delete the child’s information from our existing files.

You agree not to do any of the following while on the Website:

transmit any message, information, data, text, software or graphic files, or other materials (“Content”) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, that may be invasive of another’s right of privacy or publicity, hateful, racially, ethnically or otherwise objectionable; impersonate any person or entity, intentionally or unintentionally violate any applicable local, state, national or international law, rule or regulation; and upload or transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party.

By submitting (e.g., uploading or transmitting) Content to a RCJ Machado, you automatically grant RCJ Machado the royalty-free, perpetual, irrevocable, non-exclusive, and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. In addition, you warrant that any and all so-called “moral rights” in the Content have been waived.

RCJ Machado and its designees shall have the right, but not the obligation, in their sole discretion to edit, refuse to post, or remove any Content posted in any area of the Website. Without limiting the foregoing, RCJ Machado and its designees shall have the right to remove any Content that is in violation of the provisions hereof or otherwise objectionable. You agree to indemnify and hold RCJ Machado harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your violation of these terms and conditions or your violation of any rights of another.


FEE-BASED FEATURES

Some contents and/or services on RCJ Machado may be offered to you on a fee basis. If you elect to purchase fee-based content and/or services and transmit to RCJ Machado a purchase request, you warrant that your use of the particular credit card is authorized and that all information that you submit is true and accurate (including, without limitation, your credit card number and expiration date), and you agree to pay all fees you incur. Any account name and password supplied to you in connection with fee-based content and/or service you purchase is personal to you and the members of your household, and you may not transfer or make available your account name and password to others, including, without limitation, your co-workers. Any distribution by you of such account name and password may result in cancellation of the fee-based content and/or service without refund and in additional charges based on unauthorized use.


INTELLECTUAL PROPERTY

The Website, including, without limitation, all RCJ Machado Content, contains copyrighted material, trademarks and other proprietary information including, without limitation, text, software, photographs, video, graphics, music and sound, curriculum, belt structure, attend policies, testing requirements and the entire contents of RCJ Machado and each area contained therein are copyrighted as a collective work under the United States copyright laws. RCJ Machado owns a copyright in the selection, coordination, arrangement and enhancement of such content. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content contained on RCJ Machado (including, without limitation, content that RCJ Machado enables you to download) without the express written permission of RCJ Machado and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. The downloading of copyrighted material from RCJ Machado is allowed by you only for your own use. You acknowledge that RCJ Machado and/or third-party content providers remain the owners of all materials posted on RCJ Machado, and that you do not acquire any of those ownership rights by downloading copyrighted materials.


DISCLAIMER OF LIABILITY

RCJ Machado, NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED ON RCJ MACHADO, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, MAKE ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THAT RCJ MACHADO WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF RCJ MACHADO OR AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED ON OR THROUGH RCJ MACHADO.

THE WEBSITE AND ALL MATERIAL CONTAINED THEREON ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. USE OF RCJ MACHADO, INCLUDING, WITHOUT LIMITATION, ALL FEATURES OF RCJ MACHADO, IS AT YOUR SOLE RISK.


LIMITATION OF LIABILITY

THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE WEBSITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

IN NO EVENT WILL RCJ MACHADO, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED ON RCJ MACHADO, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE FOR (A) ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO (I) THE USE OF OR INABILITY TO USE RCJ MACHADO, (II) THE BREACH OF ANY REPRESENTATION OR WARRANTY, (III) THE USE BY YOU OF RCJ MACHADO OF ANY BROWSER OWNED OR OPERATED BY ANY PARTY.

IN THE EVENT ANY CLAIM RELATING TO THE PERFORMANCE OR NONPERFORMANCE BY RCJ MACHADO PURSUANT TO THIS AGREEMENT, OR IN ANY OTHER WAY CONCERNING RCJ MACHADO, IS MADE BY YOU, THE ACTUAL DAMAGES TO WHICH YOU MAY BE ENTITLED SHALL BE LIMITED TO THE FEES, IF ANY, PAID BY YOU FOR USE OF RCJ MACHADO.

RCJ MACHADO IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT, NOR FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE OR ILLEGAL POSTING OR CONDUCT, ON RCJ MACHADO. NEITHER RCJ MACHADO NOR RCJ MACHADO FAMILY ENDORSES, WARRANTS OR GUARANTEES ANY PRODUCT OR SERVICE OFFERED BY A THIRD PARTY THROUGH RCJ MACHADO AND NEITHER RCJ MACHADO NOR RCJ MACHADO FAMILY WILL BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.


APPROVAL

All prospective RCJ Machado members must complete the RCJ Machado Association Agreement. Part of the approval process includes a criminal background check. Applicants must grant RCJ Machado the authority to perform a criminal background check. Each applicant must pass the criminal background check before and or after becoming a member. Access to the Website can be terminated after acceptance based on the results from a criminal background check.

TERMINATION

RCJ Machado may terminate this Agreement at any time. You must fulfill the financial obligations associated with the RCJ Machado membership you choose when enrolling. Fees paid for any subscription term or pay-per-use are paid in advance and are not refundable in whole or in part. We can terminate the Agreement by asking you to stop using RCJ Machado, and, if necessary, by preventing your access to RCJ Machado. Upon termination of this Agreement, you shall have no further rights to use RCJ Machado or its services. Your only right and remedy with respect to any dissatisfaction with RCJ Machado is to terminate this Agreement, including, without limitation, any dissatisfaction with (i) any terms and conditions of this Agreement, or any policy or practice of RCJ Machado in operating RCJ Machado, (ii) content available through RCJ Machado or any change therein, or (iii) the amount or type of fees or billing methods, or any change thereof. Without limiting the foregoing, RCJ Machado shall have the right to terminate this Agreement with you, effective immediately, and/or terminate or temporarily suspend your access to all or any part of RCJ Machado, without notice, in the event of any conduct by you which RCJ Machado, in its sole discretion, considers to be unacceptable, or for conduct that RCJ Machado believes is a violation of the terms and conditions contained herein or any policies or guidelines posted by RCJ Machado on RCJ Machado, or for other conduct which RCJ Machado believes, in its sole discretion, is harmful to RCJ Machado, other RCJ Machado Members or other users of RCJ Machado. RCJ Machado reserves the right to deny registration of any individual as a RCJ Machado Member and to deny access to RCJ Machado to any individual. All of the Sections of the General Terms and Conditions of this Agreement survive termination of this Agreement.


INDEMNIFICATION

You agree to indemnify and hold harmless RCJ Machado, RCJ Machado Family and all of their respective officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, “Indemnified Parties”) from and against any and all liability and costs including, without limitation, attorneys’ fees and costs, incurred by the Indemnified Parties in connection with any claim arising out of (i) any breach by you of the Agreement or the foregoing representations, warranties and covenants or (ii) your use of RCJ Machado, including, without limitation, all RCJ Machado Features.


MISCELLANEOUS

This Agreement constitutes the entire agreement between RCJ Machado and you with respect to the subject matter hereof, and supersedes all previous agreements between the parties with respect to such subject matter, whether written or oral. This Agreement shall be construed in accordance with the laws of the State of Texas, without regard to Texas’s principles of conflict of laws. You hereby consent to personal jurisdiction by the state and federal courts sitting in the State of Texas. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not affect the interpretation of this Agreement. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.