TERMS OF USE
Welcome to ArtOfJiuJitsu.com. Art of Jiu Jitsu and/or its affiliates (“AOJ”) provide website features and other products and services to you when you visit or shop at Artofjiujitsu.com, or use AOJ products or services (collectively, “AOJ Services”). AOJ provides the AOJ Services subject to the following conditions.
By using AOJ Services, you agree to these conditions. Please read them carefully.
We offer a wide range of AOJ Services, and sometimes additional terms may apply. When you use an AOJ Service you also will be subject to the guidelines, terms and agreements applicable to that AOJ Service (“Service Terms”). If these Terms of Use are inconsistent with the Service Terms, those Service Terms will control.
PRIVACY
Please review our Privacy Policy, which also governs your use of AOJ Services, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you use any AOJ Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you in a variety of ways, such as by e-mail, text, or by posting notices and messages on this site or through other AOJ Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included in or made available through any AOJ Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of AOJ or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any AOJ Service is the exclusive property of AOJ and protected by U.S. and international copyright laws.
TRADEMARKS
You agree that all AOJ trademarks, copyright, trade name, service marks, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any AOJ Service are trademarks or trade dress of AOJ in the U.S. and other countries, and as such, are and shall remain the property of AOJ.
AOJ’s trademarks and trade dress may not be used in connection with any product or service that is not AOJ’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits AOJ. All other trademarks not owned by AOJ that appear in any AOJ Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by AOJ. You agree not to display and/or use in any manner AOJ trademarks or trade dress.
PATENTS
One or more patents owned by AOJ may apply to the AOJ Services and to the features and services accessible via the AOJ Services, and portions of the AOJ Services may operate under license of one or more patents.
LICENSE AND ACCESS
Subject to your compliance with these Terms of Use and your payment of any applicable fees, AOJ or its content providers grant you a limited, non-exclusive, non- transferable, non-sublicensable license to access and make personal and non- commercial use of the AOJ Services. This license does not include any resale or commercial use of any AOJ Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any AOJ Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms of Use or any Service Terms are reserved and retained by AOJ or its licensors, suppliers, publishers, rightsholders, or other content providers. No AOJ Service, nor any part of any AOJ Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of AOJ. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of AOJ without express written consent. You may not use any meta tags or any other “hidden text” utilizing AOJ’s name or trademarks without the express written consent of AOJ. You may not misuse the AOJ Services. You may use the AOJ Services only as permitted by law. The licenses granted by AOJ terminate if you do not comply with these Terms of Use or any Service Terms.
YOUR ACCOUNT
If you use any AOJ Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. AOJ does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the AOJ Services only with involvement of a parent or guardian. AOJ reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Where a relevant AOJ Service so allows, visitors may post reviews, comments, photos, videos, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. AOJ reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant AOJ a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant AOJ and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify AOJ for all claims resulting from content you supply. AOJ has the right but not the obligation to monitor and edit or remove any activity or content. AOJ takes no responsibility and assumes no liability for any content posted by you or any third party.
COPYRIGHT COMPLAINTS
AOJ respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify us immediately.
PRODUCT DESCRIPTIONS
AOJ attempts to be as accurate as possible. However, AOJ does not warrant that product descriptions or other content of any AOJ Service is accurate, complete, reliable, current, or error-free. If a product offered by AOJ itself is not as described, your sole remedy is to return it in unused condition.
PRICING
With respect to items sold by AOJ, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by AOJ is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants offering products or services on our site or jointly with AOJ may follow different policies in the event of a mispriced item.
We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.
RETURN & EXCHANGE POLICY
You may NOT return your merchandise unless the product is defective. AOJ does not guarantee the exchange or credit for a defective item. If the shirt is damaged with a stain, rip, or tear and the item is returned within 30 days of receipt AOJ will consider an exchange or refund. In the case of a Believe & Achieve refund, customer will NOT receive the amount that was donated from their purchase. Repack the item(s) in the bag your order was shipped in, and return the package to Art of Jiu Jitsu, 411 E. 17th Street, Costa Mesa, CA 92627 AOJ will reimburse shipping charges only on items declared defective (up to $9.00) Due to the fact that AOJ Shirts are Extremely Limited Edition and printed to order, we do not keep a stock of any past shirts. Therefore, exchanges will not be granted if you order the wrong size. Make sure you thoroughly research, check, double check, and ask plenty of questions to make sure that you are ordering the correct fit.
If returning or exchanging an item, all items must be unused and include the original packaging. Clothing must be clean and unwashed with all tags. If you plan to return your clothing please keep it clean. Returned items smelling of smoke, containing pet and/or human hair, or being deemed by AOJ as previously worn or tampered with will not be accepted. Once clothing has been worn and/or washed it cannot be returned or exchanged.
AOJ SOFTWARE TERMS
In addition to these Terms of Use, the terms set forth below in the “Additional AOJ Software Terms” section apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with AOJ Services (the “AOJ Software”).
OTHER BUSINESSES
Parties other than AOJ may operate stores, provide services, or sell product lines through the AOJ Services. In addition, we may provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. AOJ does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other Terms of Use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE AOJ SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE AOJ SERVICES ARE PROVIDED BY AOJ ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS
OTHERWISE SPECIFIED IN WRITING. AOJ MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE AOJ SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE AOJ SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE AOJ SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, AOJ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AOJ DOES NOT WARRANT THAT THE AOJ SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE AOJ SERVICES, AOJ’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM AOJ ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AOJ WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY AOJ SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY AOJ SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By using any AOJ Service, you agree that applicable federal law, and the laws of the state of California, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and AOJ.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Privacy Policy, posted on this site. These policies also govern your use of AOJ Services. We reserve the right to make changes to our site, policies, Service Terms, and these Terms of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
OUR CONTACT INFORMATION
Art of Jiu Jitsu
411 E. 17th Street
Costa Mesa, CA 92627
Phone: (949) 645-1679
Email: info@artofjiujitsu.com
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please submit your complaint in writing immediately. We endeavor to respond quickly to the concerns of rights owners about any alleged infringement.
If you prefer to submit a report in writing, please provide us with this information:
- A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- 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; - 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 authorized to act on the copyright owner’s behalf.
AOJ’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
Art of Jiu Jitsu
Attn: Copyright Agent
411 E. 17th Street
Costa Mesa, CA 92627
Please note that this procedure is exclusively for notifying AOJ that your copyrighted material has been infringed.
1. Use of the AOJ Software. You may use AOJ Software solely for purposes of enabling you to use and enjoy the AOJ Services as provided by AOJ, and as permitted by the Terms of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the AOJ Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the AOJ Software or otherwise assign any rights to the AOJ Software in whole or in part. You may not use the AOJ Software for any illegal purpose. We may cease providing any AOJ Software and we may terminate your right to use any AOJ Software at any time. Your rights to use the AOJ Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Terms of Use or any other Service Terms. Additional third party terms contained within or distributed with certain AOJ Software that are specifically identified in related documentation may apply to that AOJ Software (or software incorporated with the AOJ Software) and will govern the use of such software in the event of a conflict with these Terms of Use. All software used in any AOJ Service is the property of AOJ or its software suppliers and protected by United States and international copyright laws.
2. Use of Third Party Services. When you use the AOJ Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
3. No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the AOJ Software, whether in whole or in part, or create any derivative works from or of the AOJ Software.
4. Updates. In order to keep the AOJ Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
5. Export Regulations. You must comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to the AOJ Software.