Jiu Jitsu Five-O Mobile App // End User License Agreement
The Jiu Jitsu Five-O App is licensed to You (End-User) by Jiu Jitsu Five-O, LLC, located at 5865 Neal Ave N #142, Stillwater, Minnesota 55082, United States ("Licensor"), for use only under the terms of this License Agreement. By downloading the Licensed Application from, and any update thereto (as permitted by thisLicenseAgreement), You indicate that You agree to be bound by all of the terms and conditions of thisLicenseAgreement, and that You accept this License Agreement.referred to in this License Agreement as"Services."The parties of this License Agreement acknowledge that the Services are not a Party to this License Agreement and are not bound by any provisions or obligations with regard to the Licensed Application, such as warranty, liability, maintenance and support thereof. Jiu Jitsu Five-O, LLC, not the Services, is solely responsible for the Licensed Application and the content thereof. This License Agreement may not provide for usage rules for the Licensed Application that are in conflict with the latest ("Usage Rules"). Jiu Jitsu Five-O, LLC acknowledges that it had the opportunity to review the Usage Rules and this License Agreement is not conflicting with them.Jiu Jitsu Five-O App when purchased or downloaded through the Services, is licensed to You for use only under the terms of this License Agreement. The Licensor reserves all rights not expressly granted to You. Jiu Jitsu Five-O App is to be used on devices that it operates with.
1. THE APPLICATION Jiu Jitsu Five-O App ("Licensed Application") is a piece of software created to facilitate virtual fitness coaching— and customizedf ormobile devices ("Devices"). It is used tobe able to train virtually. The Licensed Application is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Licensed Application. You may not use the Licensed Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. SCOPE OF LICENSE
2.1 You are given a non-transferable, non-exclusive, non-sublicensable licenseto install and use the Licensed Application on any Devices that You (End-User) own or control and as permitted by the Usage Rules, with the exception that such Licensed Application may be accessed and used by other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing.
2.2 This license will also govern any updates of the Licensed Application provided by Licensor that replace, repair, and/or supplement the first Licensed Application, unless a separate licenseis provided for such update, in which case the terms of that newlicense will govern.
2.3 You may not share or make the Licensed Application available to third parties (unless to the degree allowed by the Usage Rules, and with Jiu Jitsu Five-O, LLC's prior written consent), sell, rent, lend, lease or otherwise redistribute the Licensed Application.
2.4 You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Licensed Application, or any part thereof (except withJiu Jitsu Five-O, LLC's prior written consent).
2.5 You may not copy (excluding when expresslyauthorizedby thislicenseand the Usage Rules) or alter the Licensed Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of thislicense, the Usage Rules, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time. If you sell your Devices to a third party, you must remove the Licensed Application from the Devices before doing so.
2.6 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.
2.7 Licensor reserves the right to modify the terms and conditions of licensing.
2.8 Nothing in this license should be interpreted to restrict third-party terms. When using the Licensed Application, You must ensure that You comply with applicable third-party terms and conditions.
3. TECHNICAL REQUIREMENTS
3.1 Licensor attempts to keep the Licensed Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.
3.2 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.
4. MAINTENANCE AND SUPPORT
4.1 The Licensor is solely responsible for providing any maintenance and support services for this Licensed Application. You can reach the Licensor at the email address listed in the Overview for this Licensed Application.
4.2 Jiu Jitsu Five-O, LLCand the End-User acknowledge that the Services have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
5. USER-GENERATED CONTRIBUTIONS
1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessarylicenses, rights, consents, releases, and permissions to use and toauthorizeus, the Licensed Application, and other users of the Licensed Application to use your Contributions in any manner contemplated by the Licensed Application and this License Agreement.
3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Licensed Application and this License Agreement.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
12. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
13. Your Contributions do not otherwise violate, or link to material that violates, any provision of this License Agreement, or any applicable law or regulation.Any use of the Licensed Application in violation of the foregoing violates this License Agreement and may result in, among other things, termination or suspension of your rights to use the Licensed Application.
6. CONTRIBUTION LICENSE
7.1 Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of thisLicenseAgreement. To avoid data loss, You are required to make use of backup functions of the Licensed Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Licensed Application, You will not have access to the Licensed Application.
8.1 Licensor warrants that the Licensed Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Licensed Application works as described in the user documentation.
8.2 No warranty is provided for the Licensed Application that is not executable on the device, that has beenunauthorizedlymodified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside ofJiu Jitsu Five-O, LLC's sphere of influence that affect the executability of the Licensed Application.
8.3 You are required to inspect the Licensed Application immediately after installing it and notifyJiu Jitsu Five-O, LLCabout issues discovered without delay by email provided in Product Claims. The defect report will be taken into consideration and further investigated if it has been emailed within a period ofthirty (30)days after discovery.
8.4 If we confirm that the Licensed Application is defective,Jiu Jitsu Five-O, LLC reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.
8.5 In the event of any failure of the Licensed Application to conform to any applicable warranty, You may notify the Services Store Operator, and Your Licensed Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the Services Store Operator will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other losses, claims, damages, liabilities, expenses, and costs attributable to any negligence to adhere to any warranty.
8.6 If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Licensed Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.
9. PRODUCT CLAIMS
Jiu Jitsu Five-O, LLC and the End-User acknowledge that Jiu Jitsu Five-O, LLC, and not the Services, is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the End-User’s possession and/or use of that Licensed Application, including, but not limited to:(i) product liability claims;(ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and(iii) claims arising under consumer protection, privacy, or similar legislation.
10. LEGAL COMPLIANCE
You represent and warrant that You are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a "terrorist supporting" country; and that You are not listed on any US Government list of prohibited or restricted parties.
11. CONTACT INFORMATION
For general inquiries, complaints, questions or claims concerning the Licensed Application, please contact: Jiu Jitsu Five-O5865 Neal Ave N #142 Stillwater, MN 55082 United States
The license is valid until terminated by Jiu Jitsu Five-O, LLC or by You. Your rights under this license will terminate automatically and without notice fromJiu Jitsu Five-O, LLC if You fail to adhere to any term(s) of thislicense. UponLicensetermination, You shall stop all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
13. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
Jiu Jitsu Five-O, LLC represents and warrants thatJiu Jitsu Five-O, LLC will comply with applicable third-party terms of agreement when using Licensed Application.In Accordance with Section 9 of the "Instructions for Minimum Terms of Developer's End-User License Agreement," subsidiaries shall be third-party beneficiaries of this End User License Agreement and — upon Your acceptance of the terms and conditions of this License Agreement,will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.
14. INTELLECTUAL PROPERTY RIGHTS
Jiu Jitsu Five-O, LLC and the End-User acknowledge that, in the event of any third-party claim that the Licensed Application or the End-User's possession and use of that Licensed Application infringes on the third party's intellectual property rights,Jiu Jitsu Five-O, LLC, and not the Services, will be solely responsible for the investigation,defense, settlement, and discharge or any such intellectual property infringement claims.
15. APPLICABLE LAW
This License Agreement is governed by the laws ofthe State of Minnesota excluding its conflicts of law rules.
16.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
16.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.