Point MMA Legal

Terms & Conditions

Point MMA website and the services provided are operated by Point MMA. Throughout the site, the terms “we”, “us”, “our” refer to Point MMA. Point MMA offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site.

Please read these Terms of Service carefully before accessing or using our services.

Any new features or tools which are added to the current service shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to our services following the posting of any changes constitutes acceptance of those changes.

PERSONAL INFORMATION

Your submission of personal information through the website is governed by our Privacy Policy.

PRIVACY POLICY

This Privacy Policy governs the manner in which the website collects, uses, maintains and discloses information collected from users (each, a ‘User’) of the website (‘Site’). This privacy policy applies to the Site and all products and services offered by Point MMA.

Personal identification information:

We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, subscribe to the newsletter, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, email address. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.

Non-personal identification information:

We may collect non-personal identification information about Users whenever they interact with our Site. The non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Sites, such as the operating system and the Internet service providers utilized and other similar information.

Web browser cookies:

Our Site may use ‘cookies’ to enhance the User experience. User’s web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. The user may choose to set their web browser to refuse cookies or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly.

How we use collected information:

Point MMA may collect and use Users personal information for the following purposes:

– To improve customer service Information you provide helps us respond to your customer service requests and support needs more efficiently.

– To personalize user experience We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.

– To send periodic emails We may use the email address to send User information and updates pertaining to their order.

It may also be used to respond to their inquiries, questions, and/or other requests. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or User may contact us via our Site.

How we protect your information:

We adopt appropriate data collection, storage, and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.

Sharing your personal information:

We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.

Third party websites:

Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website’s own terms and policies.

Changes to this privacy policy:

Point MMAhas the discretion to update this privacy policy at any time. When we do, we will revise the updated date at the bottom of this page. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.

Your acceptance of these terms:

By using this Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.

NON-DISCLOSURE

Both parties mutually agree that certain confidential information may be exchanged during the course of this engagement. To ensure the protection of such information and in consideration of the agreement to exchange said information, the parties agree not to disclose the following:

Technical materials, models and relevant technical articles, technical reports owned by either party;
Sales materials, including but not limited to all quality management methods, pricing methods, sales methods, and customers’ materials;
All the intellectual property rights (including those exclusively owned by either party, whether owned now or developed in the future); and,
Any other information that either party claims as confidential.
The Member agrees that Point MMA may, from time to time, share testimonials and results achieved as a result of service provided for marketing purposes. The Member can request that personal and brand information be omitted from case studies and testimonials but it is at the sole discretion of Point MMA as to whether or not they will be used.

DELIVERY

After we’ve successfully created an automatic billing profile, you will receive an email with a welcome packet and key information on the entire process and what to expect next. This may take up to 24 hours to arrive but usually happens within minutes of signing up. If you do not receive an email after this time period, please contact us. You may then login to the Point MMA website to receive support.

After the automatic billing profile is created, our credit card gateway (Stripe) will charge you within 24 hours (although typically it happens almost immediately). If your initial payment is successful, you will receive an email receipt for the transaction.

DISCLAIMER

Point MMA nor any of its divisions, employees or contractors have any affiliation with any company mentioned on any page produced or promoted unless specifically cited. All other company names, brand names, trademarks, and logos mentioned on any page are the property of their respective owners and do not constitute or imply endorsement, sponsorship or recommendation thereof by Point MMA nor any of its divisions, employees or contractors of the respective trademark owners.

OWNERSHIP

You may not claim intellectual or exclusive ownership rights to any of our products or services without written permission. All products and services are the property of Point MMA. They are provided “as is” without warranty of any kind, expressed or implied. We shall not be liable for any damages, including but not limited to, direct, indirect, special, incidental or consequential damages or losses that occur out of the use or inability to use our products or services.

SITE CONTENT

All site content, including imagery and documentation that is published, is the property of Point MMA. Any replicated site content must be authorized in advance. Content from this site shall not be used or exploited for commercial or non-commercial purposes without the prior written consent of Point MMA.

REFUND POLICY

We offer professional services that by their nature can’t be returned so there are no refunds granted. Please note that by purchasing any product or service on our website, in person or through a third party you agree to the terms of the Refund Policy.

CHARGEBACKS

Members should contact us first regarding requests for refunds or inquire about unrecognized charges before issuing a chargeback request with their bank. We reserve our right to dispute chargebacks if the charge is not fraudulent.

SUPPORT

Point MMA offers products and services “as is” and with no implied meaning that they will function exactly as you would like or will be compatible with all 3rd party services or products. We do not offer support via email or otherwise support products or services other than the ones we have developed.

Members are not permitted to re-post support content (including emails, support tickets, recordings of phone calls or recordings of screen-shares) or documentation on any external websites, social media outlets, etc. Posting screen captures of this content is also prohibited. Violation will be grounds for immediate termination of the product(s) or service(s), all access to support content, product updates will be discontinued. Likewise, none of these supporting content can be used as the basis for or part of any disputes arising from support or use of our products or services.

We do not guarantee that our support will be able to resolve every issue and in every situation. We also take no liability for actions taken by Members or our support team that result in website downtime, data loss or any other problems while in the process of troubleshooting, bug fixing, testing or otherwise.

We also reserve the right to not provide support to angry or unprofessional Members and customers as we see fit. We also don’t guarantee any response from support requests that we receive via email (outside of our support ticket system), phone or our public contact form.

TRANSACTIONAL EMAILS

Point MMA may on occasion send you email notifications related to your products or service. These transactional emails may include notification of licensing changes, changes to our terms and conditions, license expiration notices and other transactional emails related to your products or services.

PRICE CHANGES

Point MMA reserves the right, at any time, to modify or discontinue, temporarily or permanently, a product or service with or without notice. Prices of all products and services are subject to change. Notice of price changes will be made on the site and via email to our Members.

WARRANTY

All of our products and services are provided “as is.” We do not guarantee they will function with all 3rd party products and services, with all web browsers or with all web hosts. We are not responsible for any compatibility conflicts that may occur. It is our policy to support our products and services as best we can and we will provide support for 3rd party conflicts at our discretion or as time allows. We are not responsible for any data loss, website downtime or any other problems that may occur as a result of our products and services.

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Arkansas, in the United States of America.

CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

WAIVER

In consideration of permission to use, today and on all future dates, the property, facilities, staff, equipment, services, and programs at Point MMA, and others not named in this Waiver of Liability, Assumption of Risk, and Indemnity Agreement, I, for myself, or for the minor participant named below, my heirs, children, parents, guardians, executors, personal representatives, administrators, successors and assigns, do hereby release, acquit, waive, discharge, and covenant not to sue Point MMA, or any of the directors, officers, managers, employees, agents, affiliates, attorneys, spouses, heirs, executors, administrators, successors, assigns, organizers, volunteers, sponsors, affiliated organizations, coaches, instructors, managers, trainers or doctors, or any other persons involved from liability from any and all claims including the negligence of Point MMA resulting in personal injury, accidents or illnesses (including death), and property loss arising from, but not limited to, participation in activities, classes, observation, and use of facilities, premises, or equipment.

ASSUMPTION OF RISKS

Physical activity by its very nature carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. Point MMA has facilities for and provides for martial arts activities. Some of these activities involve strenuous exertions of strength using various muscle groups, some involve quick movements involving speed and change of direction, and others involve sustained physical activity which places stress on the cardiovascular system.

I certify that I, for myself or the parent(s) and/or legal guardian(s) of the minor participant named below, am familiar with martial arts and training in connection with martial arts and other activities, including but not limited to MMA, and self-defense. I am aware, acknowledge and agree that by the very nature of martial arts, and the physical contact involved, there is a high risk of injury related to participating in martial arts, and I assume all risk relating to my participation in martial arts or other activities in Point MMA.

The specific risks vary from one activity to another, but the risks range from (1) minor injuries such as scratches, bruises, and sprains, (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, broken bones, and concussion, (3) catastrophic injuries including paralysis and death.

INDEMNIFICATIONS AND HOLD HARMLESS

I further agree, for myself or the minor participant named below, to INDEMNIFY AND HOLD the directors, officers, instructors, volunteers, sponsors, and affiliated organizations HARMLESS from any and all claims, actions, suits, procedures, costs, expenses, damages, and liabilities, including attorney’s fees brought as a result of my involvement at Point MMA and to reimburse them for any such expenses incurred.

PHYSICIAN VERIFICATION

My physician has examined me, or the minor participant named below and certified that I or the minor participant named below am in good physical condition and have no disease or injury that would impair my performance or physical condition in training for or participating in Point MMA. I recognize that if I have any existing injuries that may affect my performance, I cannot participate in Point MMA without a report from my physician authorizing my participation, and I verify that if I have any such injuries, the requisite report is attached to this form. I further certify that no coach, doctor, nurse, athletic trainer or other person has advised me, or the minor participant named below, not to participate in Point MMA.

AUTHORIZATION FOR MEDICAL TREATMENT

Further, in the event I, or the minor participant named below, am injured, during my participation in Point MMA activities, I, or the parent(s) and/or legal guardian(s) of the minor participant named below, hereby grant permission to any and all of the licensed athletic trainers, emergency medical technicians, nurses or doctors to provide me with medical assistance and treatment and, if needed, to transport me to a hospital or other treatment facility. For myself and for my heirs, children, parents, guardians, executors, personal representatives, administrators, successors and assigns, I forever release, acquit, waive, discharge, and covenant not to sue Point MMA, or any of the organizers, volunteers, sponsors, affiliated organizations, coaches, instructors, managers, athletic trainers, emergency medical technicians, nurses or doctors, or any other persons involved any injury I sustain or suffer in connection with Point MMA or said medical assistance or treatment. I accept responsibility to pay for any and all financial obligations incurred as a result of any medical assistance or treatment provided in connection with any injuries or illness that I may sustain in Point MMA.

PHOTOGRAPHY, VIDEO, AND PROMOTIONAL RELEASE

For myself, or the minor participant named below, and for my heirs, children, parents, guardians, executors, personal representatives, administrators, successors and assigns, I, or the parent(s) and/or legal guardian(s) of the minor participant named below, hereby gives permission an authorization to Point MMA and its designees, agents and applicable media vendors to use and reproduce any still photographs, videotape or any other media forms that include my name or likeness, or the name or likeness of the minor participant named below, and use or reproduce any recording or other media form that includes my voice, in any approved Point MMA publication, Website, podcast, audio recording, promotional materials, video medium (including but not limited to video clips) or any other medium. The undersigned releases and hold harmless Jiu-Jitsu International, and their designees, agents and applicable media vendors from any and all claims of libel, slander, invasion of the right of privacy or publicity, or any other claim based on the use of my name, likeness or voice, and any and all damages, costs and expenses that may directly or indirectly arise from the use of my name, likeness or voice.

TERMINATION OF PARTICIPATION

I, or the parent(s) and/or legal guardian(s) of the minor participant named below, understand and agree to abide by all policies, rules, and regulations. Participant understands that, in its sole discretion, Point MMA or its representative may terminate my or the minor participant named below participation at any time should my actions or general behavior impede the operation of Point MMA or the rights or welfare of any person. Reasons for termination may include, but are not limited to: inappropriate conduct or other behavior by myself or the minor participant named below deemed detrimental to the best interests of Point MMA such as persistent use of vulgar or inappropriate language; physical violence; emergencies; or health or safety considerations.

I, or the parent(s) and/or legal guardian(s) of the minor participant, have read these Terms and Conditions, and I fully understand its terms. I understand that by entering into this agreement I am giving up substantial rights, including the right to sue. I understand that this agreement is incorporated by this reference as a part of my application form for participation in Point MMA. I also understand that entering into this agreement is a condition precedent to and is a consideration for the privilege of participating in Point MMA. I acknowledge that I am entering this agreement freely and voluntarily, and intend by my participation to make a complete and unconditional release of all liability to the greatest extent permitted by the laws of the State of Arkansas. If any portion of this agreement is held invalid, I agree that the balance of it shall nevertheless continue in full force and effect.