- Students/Users/Customers/Mentor/Mentee(s) Agreement
Agreement between user and BJJFAQ.COM LLC
Welcome toBJJFAQ.COM LLC. The WWW.BJJFAQ.COM (the “Site”) is comprised of various web pages operated by BJJFAQ.COM LLC (“BJJFAQ”).BJJFAQ.COM LLC is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of BJJFAQ.COM LLC constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
BJJFAQ.COM LLC is a Online storefront, Marketplace, Question and answer forum and Blog Site
This site allows practitioners of Brazilian Jiu Jitsu to ask questions and share answers with other BJJ enthusiast globally. Users can purchase products from the online store, and marketplace from other vendors.
Visiting WWW.BjjFrequentlyAskedQuestions.com / www.BJJFaq.com or sending emails to BJJFAQ constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, 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. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that BJJFAQ is not responsible for third party access to your account that results from theft or misappropriation of your account. BJJFAQ and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
BJJFAQ does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use WWW.BjjFrequentlyAskedQuestions.com / www.BJJFaq.com only with permission of a parent or guardian.
Liability Wavier: To the best of the “User/Customer” knowledge, “User/Customer” is in good physical condition and fully able to participate in this course. “User/Customer” is fully aware of the risks and hazards connected with the participation in Mixed Martial Arts, Brazilian Jiu-Jitsu, Judo, Wrestling, Muay Thai Kickboxing, Karate, Hapkido, Bootcamp Training, Weightlifting, or Aerobics, including physical injury or even death, and herby elect to voluntarily participate in said event, knowing that the associated physical activity may be hazardous to “User/Customer” and “User/Customer” property.
“User/Customer” VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISKS OR LOSS, PROPERTY DAMAGE, OR PERSONAL INJURY, INCLUDING DEATH, that may be sustained by “User/Customer”, or loss or damage to property owned by “User/Customer”, as a result of participation in this course. “User/Customer” further certifies that “User/Customer” is at least 18 years of age. If under 18, my parent/guardian has authorized the purchase of online courses from BJJFAQ.com LLC DBA: BJJFrequentlyaskedqustions.com, BJJFaq.com and BJJOnlineCourses.com.
“User/Customer” hereby RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE, BJJFAQ.com LLC DBA: BJJFrequentlyaskedquestions.com, BJJfaq.com and BJJOnlineCourses.com, their officers, servants, agents, and employees (hereinafter referred to as RELEASEES) from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by “User/Customer”, or to any property belonging to “User/Customer”, while participating in physical activity, or while on or upon the premises where the event is being conducted. It is the “User/Customer’s” expressed intent that this release and hold harmless agreement shall bind the members of my family and spouse, if “User/Customer” is alive, and “User/Customer’s” heirs, assigns and personal representative, if “User/Customer” is deceased, and shall be deemed as a RELEASE, WAIVE, DISCHARGE, and CONVENTION TO SUE the above named RELEASEES.
“User/Customer” hereby further agree that this Waiver of Liability and Hold Harmless Agreement shall be constructed in accordance with the laws of the State of New York.
With the purchase of a mentorship service, course and subscription as a student , “User/Customer” acknowledges and represents that “User/Customer” HAS READ THE FOREGOING Waiver of Liability and Hold Harmless Agreement, UNDERSTAND IT AND AGREE TO IT VOLUNTARILY as “User/Customer’s” own free act and deed; no oral representations, statements or inducements, apart from the foregoing written agreements have been made; and the “User/Customer” EXECUTE THIS RELEASE FOR FULL, ADEQUATE AND COMPLETE CONSIDERATION FULLY INTENDING TO BE BOUND BY SAME.
Links to third party sites/Third party services
WWW.BjjFrequentlyAskedQuestions.com / www. BJJFaq.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of BJJFAQ and BJJFAQ is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. BJJFAQ is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by BJJFAQ of the site or any association with its operators.
Certain services made available via WWW.BjjFrequentlyAskedQuestions.com / www.BJJFaq.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the WWW.BjjFrequentlyAskedQuestions.com / www.BJJFaq.com domain, you hereby acknowledge and consent that BJJFAQ may share such information and data with any third party with whom BJJFAQ has a contractual relationship to provide the requested product, service or functionality on behalf of WWW.BjjFrequentlyAskedQuestions.com / www.BJJFaq.com users and customers.
No unlawful or prohibited use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of BJJFAQ or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. BJJFAQ content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of BJJFAQ and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of BJJFAQ or our licensors except as expressly authorized by these Terms.
Use of communication services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
BJJFAQ has no obligation to monitor the Communication Services. However, BJJFAQ reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. BJJFAQ reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
BJJFAQ reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in BJJFAQ’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. BJJFAQ does not control or endorse the content, messages or information found in any Communication Service and, therefore, BJJFAQ specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized BJJFAQ spokespersons, and their views do not necessarily reflect those of BJJFAQ.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials provided to WWW.BjjFrequentlyAskedQuestions.com/ www.BJJFaq.com or posted on any BJJFAQ web page
BJJFAQ does not claim ownership of the materials you provide to WWW.BjjFrequentlyAskedQuestions.com (including feedback and suggestions) or post, upload, input or submit to any BJJFAQ Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting BJJFAQ, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
You agree that that your user content does not violate the copyright, trademark, trade secret or any other personal or proprietary right of any other party.
No compensation will be paid with respect to the use of your Submission, as provided herein. BJJFAQ is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in BJJFAQ’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. In addition, you grant us a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to reproduce, prepare derivative works, distribute copies, perform, or publicly display your user content in any medium and for any purpose, including commercial purposes, and to authorize others to do so.
Third Party Accounts
You will be able to connect your BJJFAQ account to third party accounts. By connecting your BJJFAQ account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
Without prior approval and express written permission, you may not create frames around our Web pages or
use other techniques that alter in any way the visual presentation or appearance of our Web site.
The Service is controlled, operated and administered by BJJFAQ from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the BJJFAQ Content accessed through WWW.BjjFrequentlyAskedQuestions.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless BJJFAQ, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. BJJFAQ reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with BJJFAQ in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrators award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BJJ FREQUENTLY ASKED QUESTIONS.COM AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
BJJFAQ.COM LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. BJJ FREQUENTLY ASKED QUESTIONS.COM AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
BJJFAQ reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York and you hereby consent to the exclusive jurisdiction and venue of courts in New York in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and BJJFAQ as a result of this agreement or use of the Site. BJJFAQ’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of BJJFAQ’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by BJJFAQ with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and BJJFAQ with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and BJJFAQ with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
BJJFAQ reserves the right, in its sole discretion, to change the Terms under which WWW.BjjFrequentlyAskedQuestions.com/ www.BJJFaq.com is offered. The most current version of the Terms will supersede all previous versions. BJJFAQ encourages you to periodically review the Terms to stay informed of our updates.
Addition Clauses for Virtual BJJ Mentor
As a Virtual BJJ Mentor, you are contracting directly with BJJFaq.com LLC (D.B.A BJJFrequentlyAskedQuestions.com, BJJOnlineCourses.com) Mentor Program, Inc. (a New York Limited Liability Corporation in the United States), regardless of whether another BJJFaq.com LLC (D.B.A BJJFrequentlyAskedQuestions.com, BJJOnlineCourses.com) Mentor Program subsidiary facilitates payments to you.
1. Virtual BJJ Mentor Obligations
As a Virtual BJJ Mentor, you are responsible for all content that you post, including lectures, coding exercises, assignments, resources, answers, and announcements (“Submitted Content“).
You represent and warrant that:
- you will provide and maintain accurate account information;
- your Submitted Content will not infringe or misappropriate any third party’s intellectual property rights;
- you have the required qualifications, credentials, and expertise (including education, training, knowledge, and skill sets) to teach and offer the services that you offer through your Submitted Content and use of the Services; and
- you will respond promptly to students/users/customers/mentee(s) and ensure a quality of service that corresponds with the standards of your industry and instruction services in general.
You warrant that you will not:
- post or provide any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, incorrect, infringing, defamatory or libelous content or information;
- post or transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or any other form of solicitation (commercial or otherwise) through the Services or to any user;
- use the Services for business other than providing tutoring, teaching, and instructional services to students/users/customers/mentee(s);
- engage in any activity that would require us to obtain licenses from or pay royalties to any third party, including the need to pay royalties for the public performance of a musical work or sound recording;
- frame or embed the Services (such as to embed a free version of a course) or otherwise circumvent the Services;
- impersonate another person or gain unauthorized access to another person’s account;
- interfere with or otherwise prevent other instructors from providing their services or courses; or
- abuse BJJFaq.com LLC (D.B.A BJJFrequentlyAskedQuestions.com, BJJOnlineCourses.com) Mentor Program resources, including support services.
2. License to BJJFaq.com LLC (D.B.A BJJFrequentlyAskedQuestions.com, BJJOnlineCourses.com) Mentor Program
Unless otherwise agreed (including within our Promotions Policy), you have the right to remove all or any portion of your Submitted Content from the Services at any time. Except as otherwise agreed, BJJFaq.com LLC (D.B.A BJJFrequentlyAskedQuestions.com, BJJOnlineCourses.com) Mentor Program’s right to sublicense the rights in this section will terminate with respect to new users 60 days after the Submitted Content’s removal. However, (1) rights given to students/users/customers/mentee(s) before the Submitted Content’s removal will continue in accordance with the terms of those licenses (including any grants of lifetime access) and (2) BJJFaq.com LLC (D.B.A BJJFrequentlyAskedQuestions.com, BJJOnlineCourses.com) Mentor Program’s right to use such Submitted Content for marketing purposes shall survive termination.
We may record all or any part of your Submitted Content for quality control and for delivering, marketing, promoting, demonstrating, or operating the Services. You grant BJJFaq.com LLC (D.B.A BJJFrequentlyAskedQuestions.com, BJJOnlineCourses.com) Mentor Program permission to use your name, likeness, voice, and image in connection with offering, delivering, marketing, promoting, demonstrating, and selling the Services, your Submitted Content, or BJJFaq.com LLC (D.B.A BJJFrequentlyAskedQuestions.com, BJJOnlineCourses.com) Mentor Program’s content, and you waive any rights of privacy, publicity, or other rights of a similar nature, to the extent permissible under applicable law.
3. Trust & Safety
3.1 Trust & Safety Policies
You agree to abide by BJJFaq.com LLC (D.B.A BJJFrequentlyAskedQuestions.com, BJJOnlineCourses.com) Mentor Program’s Trust & Safety policies, Restricted Topics policy, and other course quality standards or policies prescribed by BJJFaq.com LLC (D.B.A BJJFrequentlyAskedQuestions.com, BJJOnlineCourses.com) Mentor Program from time to time. You should check these policies periodically to ensure that you comply with any updates to them. You understand that your use of the Services is subject to BJJFaq.com LLC (D.B.A BJJFrequentlyAskedQuestions.com, BJJOnlineCourses.com) Mentor Program’s approval, which we may grant or deny at our sole discretion.
We reserve the right to remove course/instructional video/instructional content, suspend payouts, and/or ban a Virtual BJJ Mentor for any reason at any time, without prior notice, including in cases where:
- a course/instructional video/instructional content falls below our quality standards or has a negative impact on the student experience;
- a Virtual BJJ Mentor engages in behavior that might reflect unfavorably on BJJFaq.com LLC (D.B.A BJJFrequentlyAskedQuestions.com, BJJOnlineCourses.com) Mentor Program or bring BJJFaq.com LLC (D.B.A BJJFrequentlyAskedQuestions.com, BJJOnlineCourses.com) Mentor Program into public disrepute, contempt, scandal, or ridicule;
- a Virtual BJJ Mentor engages the services of a marketer or other business partner who violates BJJFaq.com LLC (D.B.A BJJFrequentlyAskedQuestions.com, BJJOnlineCourses.com) Mentor Program’s policies; or
- as determined by BJJFaq.com LLC (D.B.A BJJFrequentlyAskedQuestions.com, BJJOnlineCourses.com) Mentor Program in its sole discretion.
3.2 Co-Instructors and Teaching Assistants
The BJJFaq.com LLC (D.B.A BJJFrequentlyAskedQuestions.com, BJJOnlineCourses.com) Mentor Program platform allows you to add other users as co-instructors or teaching assistants for courses that you manage. By adding a co-instructor or teaching assistant, you understand that you are authorizing them to take certain actions that affect your BJJFaq.com LLC (D.B.A BJJFrequentlyAskedQuestions.com, BJJOnlineCourses.com) Mentor Program account and courses. BJJFaq.com LLC (D.B.A BJJFrequentlyAskedQuestions.com, BJJOnlineCourses.com) Mentor Program is not able to advise on any questions or mediate any disputes between you and such users. If your co-instructors have an assigned revenue share, their share will be paid out of your earned revenue share based on the ratios you have specified in your Course Management settings as of the date of the purchase.
3.3 Relationship to Other Users
Instructors don’t have a direct contractual relationship with students/users/customers/mentee(s), so the only information you’ll receive about students/users/customers/mentee(s) is what is provided to you through the Services. You agree that you will not use the data you receive for any purpose other than providing your services to those students/users/customers/mentee(s) on the BJJFaq.com LLC (D.B.A BJJFrequentlyAskedQuestions.com, BJJOnlineCourses.com) Mentor Program platform, and that you won’t solicit additional personal data or store students/users/customers/mentee(s)’ personal data outside the BJJFaq.com LLC (D.B.A BJJFrequentlyAskedQuestions.com, BJJOnlineCourses.com) Mentor Program platform. You will indemnify BJJFaq.com LLC (D.B.A BJJFrequentlyAskedQuestions.com, BJJOnlineCourses.com) Mentor Program against any claims arising from your use of students/users/customers/mentee(s)’ personal data.
3.4 Anti-Piracy Efforts
We partner with anti-piracy vendors to help protect your courses from unauthorized use. To enable this protection, you hereby appoint BJJFaq.com LLC (D.B.A BJJFrequentlyAskedQuestions.com, BJJOnlineCourses.com) Mentor Program and our anti-piracy vendors as your agents for the purpose of enforcing copyrights for each of your courses, through notice and takedown processes (under applicable copyright laws like the Digital Millennium Copyright Act) and for other efforts to enforce those rights. You grant BJJFaq.com LLC (D.B.A BJJFrequentlyAskedQuestions.com, BJJOnlineCourses.com) Mentor Program and our anti-piracy vendors primary authority to file notices on your behalf to enforce your copyright interests.
You agree that BJJFaq.com LLC (D.B.A BJJFrequentlyAskedQuestions.com, BJJOnlineCourses.com) Mentor Program and our anti-piracy vendors will retain the above rights unless you revoke them by sending an email to admin@BJJFaq.com LLC (D.B.A BJJFrequentlyAskedQuestions.com, BJJOnlineCourses.com) Mentor Program.com with the subject line: “Revoke Anti-Piracy Protection Rights” from the email address associated with your account. Any revocation of rights will be effective 48 hours after we receive it.
4.1 Price Setting
When creating a Virtual BJJ Mentoring Service, you will be prompted to select a base price (“Base Price“) for your service from a list of available price tiers. As a Virtual BJJ Mentor, you will also be given the opportunity to participate in certain promotional programs under the terms of our Promotions Policy (“Promotional Programs“).
If you do not opt to participate in any Promotional Programs, we will list your course for the Base Price or the closest local or mobile app equivalent (as detailed below).
When students/users/customers/mentee(s) purchase using a foreign currency, we will convert the relevant Base Price or Promotional Program price into the students/users/customers/mentee’s applicable currency using a system-wide foreign currency conversion rate set by our merchant account processor (stripe.com).
You give us permission to share your course/instructional video/instructional content for free with our employees, with selected partners for the purpose of marketing and enhancing your course presentation. In addition, in cases where we need to restore access accounts who have previously purchased your courses, You understand that you will not receive compensation in these cases.
4.2 Transaction Taxes
If a student purchases a product or service in a country that requires BJJFaq.com LLC (D.B.A BJJFrequentlyAskedQuestions.com, BJJOnlineCourses.com) Mentor Program to remit national, state, or local sales or use taxes, value added taxes (VAT), or other similar transaction taxes (“Transaction Taxes“), under applicable law, we will collect and remit those Transaction Taxes to the competent tax authorities for those sales. We may increase the sale price at our discretion where we determine that such taxes may be due. For purchases through mobile applications, applicable Transaction Taxes are collected by the mobile platform (such as Apple’s App Store or Google Play).
4.3 Promotional Programs
BJJFaq.com LLC (D.B.A BJJFrequentlyAskedQuestions.com, BJJOnlineCourses.com) Mentor Program offers several optional marketing programs (Promotional Programs) in which you can choose to participate, as detailed in our general terms. These programs can help increase your revenue potential on BJJFaq.com LLC (D.B.A BJJFrequentlyAskedQuestions.com, BJJOnlineCourses.com) Mentor Program by finding the optimal price point for your courses and promoting them through additional marketing channels.
There is no up-front cost to participate in these programs, and you can modify your participation status at any time, though changes you make will not apply to currently active campaigns.
5.1 Revenue Share
When a students/users/customers/mentee(s) purchase your course/instructional video/instructional content, we calculate the gross amount of the sale as the amount actually received by BJJFaq.com LLC (D.B.A BJJFrequentlyAskedQuestions.com, BJJOnlineCourses.com) Mentor Program from the students/users/customers/mentee(s) (“Gross Amount“). From this, we subtract any Transaction Taxes, any mobile platform fees applied to mobile application sales, to calculate the net amount of the sale (“Net Amount“).
Your revenue share will be 50% of the Net Amount less any applicable deductions, such as student refunds. If we change this payment rate, we will provide you 30 days notice using prominent means, such as via email or by posting a notice through our Services.
BJJFaq.com LLC (D.B.A BJJFrequentlyAskedQuestions.com, BJJOnlineCourses.com) Mentor Program makes all instructor payments in U.S. dollars (USD) regardless of the currency with which the sale was made. Mentor will assume payout transaction processing fees, foreign currency conversion fees, and wiring fees. Your revenue report will show the sales price (in US currency).
5.2 Receiving Payments
For us to pay you in a timely manner, you must own a Western Union, Stripe Connect or pay pal account in good standing and must keep us informed of the correct email associated with your account. You must also provide any identifying information or tax documentation (such as a 1099, W-9 or W-8) necessary for payment of amounts due, and you agree that we have the right to withhold appropriate taxes from your payments. We reserve the right to withhold payments or impose other penalties if we do not receive proper identifying information or tax documentation from you. You understand and agree that you are ultimately responsible for any taxes on your income.
Depending on the applicable revenue share model, payment will be made within 30 days of the end of the month in which (a) we receive the fee for a course or (b) the relevant course consumption occurred.
As a Virtual BJJ Mentor, you are responsible for determining whether you are eligible to be paid by a U.S. company. We reserve the right not to pay out funds in the event of identified fraud, violations of intellectual property rights, or other violations of the law.
If we cannot settle funds into your payment account after the period of time set forth by your state, country, or other government authority in its unclaimed property laws, we may process the funds due to you in accordance with our legal obligations, including by submitting those funds to the appropriate government authority as required by law.
If a student asks for a refund after we have paid the relevant instructor payment, we reserve the right to either (1) deduct the amount of the refund from the next payment sent to the instructor or (2) where no further payments are due to the instructor or the payments are insufficient to cover the refunded amounts, require the instructor to refund any amounts refunded to students/users/customers/mentee(s) for the instructor’s courses.
While you are a published Virtual BJJ Mentor and subject to the requirements below, you may use our trademarks where we authorize you to do so.
- only use the images of our trademarks that we make available to you, as detailed in any guidelines we may publish (such as our Instructor Badge Guide);
- only use our trademarks in connection with the promotion and sale of your BJJFaq.com LLC (D.B.A BJJFrequentlyAskedQuestions.com, BJJOnlineCourses.com) Mentor Program courses or your participation on BJJFaq.com LLC (D.B.A BJJFrequentlyAskedQuestions.com, BJJOnlineCourses.com) Mentor Program; and
- immediately comply if we request that you discontinue use.
You must not:
- use our trademarks in a misleading or disparaging way;
- use our trademarks in a way that implies that we endorse, sponsor, or approve of your courses or services; or
- use our trademarks in a way that violates applicable law or in connection with an obscene, indecent, or unlawful topic or material.
7. Sanctions and Export Laws
You warrant that you aren’t restricted from using the Services under U.S. sanctions or export laws (as an individual or as an officer, director, or controlling shareholder of any entity on whose behalf you use the Services). If you become subject to such a restriction while you are subject to these Instructor Terms, you will notify BJJFaq.com LLC (D.B.A BJJFrequentlyAskedQuestions.com, BJJOnlineCourses.com) Mentor Program within 24 hours, and we will have the right to terminate any further obligations to you, effective immediately and with no further liability to you (but without prejudice to your outstanding obligations to BJJFaq.com LLC (D.B.A BJJFrequentlyAskedQuestions.com, BJJOnlineCourses.com) Mentor Program). You will not use the Services to conduct or facilitate any transaction with any other individual or entity subject to such a restriction. You may not remove, export, or allow the export or re-export of the Services (or any product thereof, including technical data) outside the U.S. in violation of any restrictions, laws, or regulations of the U.S. or any other applicable country.
8. Deleting Your Account
Instructions on how to delete your Mentor account are available in the help files. We’ll use commercially reasonable efforts to make any remaining scheduled payments that are owed to you before deleting your account. You understand that if students/users/customers/mentee(s) have previously enrolled in your course/instructional video/instructional content , your name and that Submitted Content will remain accessible to those students/users/customers/mentee(s) after your account is deleted. If you need help or encounter difficulty deleting your account, you can contact us via our Support page.
9. Miscellaneous Legal Terms
9.1 Updating These Terms
From time to time, we may update these Terms to clarify our practices or to reflect new or different practices (such as when we add new features), and BJJFaq.com LLC (D.B.A BJJFrequentlyAskedQuestions.com, BJJOnlineCourses.com) Mentor Program reserves the right in its sole discretion to modify and/or make changes to these Terms at any time. If we make any material change, we will notify you using prominent means such as by email notice sent to the email address specified in your account or by posting a notice through our Services. Modifications will become effective on the day they are posted unless stated otherwise.
Your continued use of our Services after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.
Any version of these Terms in a language other than English is provided for convenience and you understand and agree that the English language will control if there is any conflict.
9.3 Relationship Between Us
You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.
The following sections shall survive the expiration or termination of these Terms: Sections 2 (License to BJJFaq.com LLC (D.B.A BJJFrequentlyAskedQuestions.com, BJJOnlineCourses.com) Mentor Program), 3.3 (Relationship to Other Users), 5.2 (Receiving Payments), 5.3 (Refunds), 8 (Deleting Your Account), and 9 (Miscellaneous Legal Terms).
Non-Compete and Non-Solicitation Agreement
This is an Agreement between [Customer, acting as an Instructor] (“You”) and [BJJFAQ.com LLC DBA: BJJOnlineCourses.com] (“Company”). The Agreement is effective upon the date of subscription as an instructor via BJJOnlineCourses.com (“Effective Date”).
In consideration of the mentor opportunity provided by [BJJFAQ.com LLC DBA: BJJOnlineCourses.com], You, intending to be legally bound, agree to the following:
- Term of Agreement. This Agreement is effective on the Effective Date, and shall remain in effect throughout the term of your employment with the Company and for a period of one year thereafter.
- Limitations of this Agreement. This Agreement is not a contract of employment. Neither You nor the Company are obligated to any specific term of employment. This Agreement is limited to the subject matter of covenants not to compete or solicit as described in this Agreement.
- Covenant Not to Compete. You agree that at no time during the term of your mentor opportunity with the Company will you engage in any business activity which is competitive with the Company nor work for any company which competes with the Company.
During the course of your Mentor opportunity, You agree not to work for or provide any services to any competitor of the Company. Neither shall you engage in any competitive activity with respect to the Company. Competitive activity includes, but is not limited to, forming or making plans to form a business entity to directly compete with any business of the Company. This provision does not prevent You from seeking or obtaining employment or other forms of business relationships with a competitor after termination of employment with the Company so long as such competitor was in existence prior to the termination of your relationship with the Company and You were in no way involved with the organization or formation of such competitor.
- Non-solicitation. During the term of your Mentor opportunity, and for a period of one (1) year immediately thereafter, You agree not to solicit any employee or independent contractor of the Company on behalf of any other business enterprise, nor shall you induce any employee or independent contractor associated with the Company to terminate or breach an employment, contractual or other relationship with the Company.
- Soliciting Customers After Termination of Agreement. For a period of one (1) year following the termination of your Mentor opportunity and your relationship with the Company, You shall not, directly or indirectly, disclose to any person, firm or corporation the names or addresses of any of the customers or clients of the Company or any other information pertaining to them. Neither shall you call on, solicit, take away, or attempt to call on, solicit, or take away any customer of the Company on whom You have called or with whom You became acquainted during the term of your employment, as the direct or indirect result of your employment with the Company.
- Injunctive Relief. You hereby acknowledge (1) that the Company will suffer irreparable harm if You breach your obligations under this Agreement; and (2) that monetary damages will be inadequate to compensate the Company for such a breach. Therefore, if You breach any of such provisions, then the Company shall be entitled to injunctive relief, in addition to any other remedies at law or equity, to enforce such provisions.
- Severable Provisions. The provisions of this Agreement are severable, and if any one or more provisions may be determined to be illegal or otherwise unenforceable, in whole or in part, the remaining provisions and any partially unenforceable provisions to the extent enforceable shall nevertheless be binding and enforceable.
- Modifications. This Agreement may be modified only by a writing executed by both You and the Company.
- Prior Understandings. This Agreement contains the entire agreement between the parties with respect to the subject matter of this Agreement. The Agreement supersedes all prior understanding, agreements, or representations.
- Waiver. Any waiver of a default under this Agreement must be made in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. No delay or omission in the exercise of any right or remedy shall impair such right or remedy or be constructed as a waiver. A consent to or approval of any act shall not be deemed to waive or render unnecessary consent to or approval of any other or subsequent act.
- Jurisdiction and Venue. Any controversy or claim rising out of or relating to use of this website shall be settled by binding arbitration in accordance with the rules of net-ARB.com. The costs of arbitration shall be shared equally between the parties. The arbitrator’s decision will be binding and may not be appealed. A judgment of a court having jurisdiction may be entered upon the arbitrator’s award.
This exclusivity agreement (hereby referred to as the “Agreement”) is entered into and made effective upon the date of subscription as an Mentor via BJJFAQ.com, between [BJJFAQ.com LLC DBA: BJJOnlineCourses.com] (hereby referred to as “A”) and [Customer, acting as an Mentor] (hereby referred to as “B”).
A and B have expressed interest in entering into an exclusivity agreement in regards to:
[VIRTUAL MENTORING SERVICES TO BE SOLD]
For the interest of both involved parties, and to show receipt and acknowledgment of this agreement, both parties agree to:
The period of exclusivity will begin on digitally record date and time of a Mentor’s creation pending approval by [BJJFAQ.com LLC DBA: BJJOnlineCourses.com] and conclude on digitally record date and time of a course’s date of closing for future students. During this period, A will not sell, promote, or solicit any property included within the Agreement to any other parties.
B agrees to provide property listed in the Agreement to A alone and no other sellers during the term of the Agreement. B also agrees to provide property in accordance with terms and conditions outlined in the Agreement for the entire term.
2. Items for Purchase
The property listed below is offered by A throughout the terms of this agreement:
3. Cost to Resell
A reserves the right to enforce and maintain set manufacturer’s recommended sale prices (MSRP) for all goods and property listed. B agrees to adhere to the MSRP prices during the entire term of the Agreement.
Both parties agree that during the Agreement, along with a period of one (1) year after termination or completion of the Agreement, they will refrain from any statements or comments (in oral or written form) that could damage, disparage, or cause injury to the other party’s reputation.
During the agreement, each party will have access to certain confidential information pertaining to the other party’s business. Both agree to keep all information confidential. Confidential information may also be returned to the owner upon request.
BJJFAQ welcomes your questions or comments regarding the Terms:
Effective as of March 2016