TERMS OF USE
TERMS AND CONDITIONS
This website is owned and operated by Monkey Bros. MMA (“Monkey Bros. MMA”, “we,” “us,” or “our”). Monkey Bros. MMA provides this website, including all information, software, and services available from this website, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies, and notices described herein. Your use of the website constitutes your agreement to all such terms, conditions, policies, and notices.
Your Use of the Website
This website is for your personal, noncommercial use. As a condition of your use of the website, you warrant to Monkey Bros. MMA that you will not use the website for any purpose that is unlawful or prohibited by these Terms and Conditions.
If you use this website, you are solely responsible for maintaining the confidentiality and security of your account and password, and you agree that all activities that occur under your account or password are your responsibility.
Privacy Policy
You explicitly consent to the collection, hosting, use, disclosure, and other processing or handling of information as described in the Monkey Bros. MMA Privacy Notice, as such notice may be amended by us in our sole discretion from time to time.
Accuracy, Completeness, and Timeliness of Information on the Website
We strive to provide accurate information on our website. We are not responsible, however, if the information we make available on this website is not accurate, complete, or current. The materials on this website are provided for general information only and should not be relied upon or used as the basis for making any decisions without consulting primary or more accurate, more complete, or more timely sources of information. Any reliance on the materials on this website is at your own risk. This website may contain certain historical information. Historical information is not current and is provided for your reference only. We reserve the right to modify the content of this website at any time, but we have no obligation to update or modify any information on the website. You agree that it is your responsibility to monitor changes to the website.
Use of Materials from the Website
Except where explicitly stated otherwise, this website and all of its content (including but not limited to software, files, graphics, and data) are the property of and owned by Monkey Bros. MMA and/or its affiliates, suppliers, or licensors and are protected by copyright, trademark and other laws of the United States and other countries. You may display and electronically copy, download, and print hard-copy versions of the materials contained on the website for your personal, noncommercial use, provided that you do not modify or delete any copyright, trademark, or other proprietary notice that appears on the materials you copy, download or print. When you display, copy, download, or print any materials on or from the website, they are provided to you by Monkey Bros. MMA and/or its affiliates, suppliers, or licensors under a license that is revocable at will by Monkey Bros. MMA. Monkey Bros. MMA and/or its affiliates, suppliers, or licensors retain full and complete title to the materials and to any and all of the associated intellectual property rights. Any other use of the materials on the website, including but not limited to the modification, distribution, transmission, performance, broadcast, reproduction, publication, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any materials, information, software, products or services obtained from the website, without the prior written permission of Monkey Bros. MMA, is expressly prohibited. Requests for permission to undertake any of these activities should be sent to:
jack@monkeybrosmma.com
In the event we post any software for your use on this website, now or in the future, your use of this software is governed by the terms of the End User License Agreement, if any, that accompanies or is included with the software. You may not install or use any software without first agreeing to the terms of such End User License Agreement. For any software not accompanied by an End User License Agreement, we hereby grant to you a limited, personal, noncommercial, nontransferable, revocable license (to the object code only) to use the software for viewing and other personal, noncommercial purposes within the scope of use of such software anticipated by Monkey Bros. MMA in accordance with these Terms and Conditions, and for no other purpose. Any such software is provided to you subject to the warranties if any, disclaimer of warranties, and limitations of liability set forth in these Terms and Conditions. You must terminate your use of any such software in the event that your access to this website is terminated by Monkey Bros. MMA or for any other reason.
Materials You Submit
The website may, now or in the future, contain features and functionality permitting you to publish, upload, post, display, or otherwise submit (collectively, “Publish”) certain information, comments, and other content that may be viewed by us, the general public and other users of the website. You are responsible for any information, comments, or other content Published by you or any person using your computer. You agree not to publish any information, comments, or other data that is or may reasonably be considered libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing or misappropriating of intellectual property rights, abusive, illegal or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law, or consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam.” You may not use a false email address, provide a false identity, impersonate any person or entity, or otherwise mislead others as to the source of information, comments, or other content published by you. We reserve the right (but not the obligation) to remove or edit such content.
You may not use the website in any manner that could damage, disable, overburden, or impair any Monkey Bros. MMA server (including the servers of any Monkey Bros. MMA’s third-party provider, Ex: Squarespace) or the network(s) connected to any Monkey Bros. MMA server (including the servers of any Monkey Bros. MMA third-party provider), or interfere with any other party’s use and enjoyment of all or any portion of the website. You may not attempt to gain unauthorized access to any restricted web pages or any web pages requiring registration in order to view through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the website by Monkey Bros. MMA. Any access or use of web pages requiring registration, which we may offer now or in the future, is subject to your registration on the site.
If you publish information, comments, or other content on or to the website, and unless we indicate otherwise, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world in any media. 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 these Terms and Conditions, and will not cause injury to any person or entity; and that you will indemnify us, our affiliates and our respective owners, instructors, coaches, employees, representatives, and agents for all claims arising from content you Publish, that is Published from your computer or that is Published using your user name and password, if any. We take no responsibility and assume no liability for any content published by you, from your computer, or using your username and password if any.
Disclaimers
YOU USE THIS WEBSITE AT YOUR OWN RISK. WE PROVIDE THE WEBSITE ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE WEBSITE OR ANY FEATURE OR ANY PART THEREOF AT ANY TIME. MONKEY BROS. MMA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE WEBSITE ARE NON-INFRINGING; THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE WEBSITE OR ANY CONTENT SUBMITTED TO THE WEBSITE WILL BE SECURE; THAT THE WEBSITE OR THE SOFTWARE AND SERVERS THAT MAKE THE WEBSITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE WEBSITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS WEBSITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER ELECTRONIC DEVICE AND/OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MONKEY BROS. MMA OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY OF ANY KIND. MONKEY BROS. MMA DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING ANY RESULTS OBTAINED BY YOU IN RELYING ON THE MATERIALS ON THIS WEBSITE OR THE USE OF THE MATERIALS ON THIS WEBSITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. IN CERTAIN STATES, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO ALL OR PORTIONS OF THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NO MEMBER OF THE MONKEY BROS. MMA GROUP SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM (I) YOUR USE OR INABILITY TO USE THIS WEBSITE OR ANY OTHER WEBSITE YOU ACCESS THROUGH A LINK FROM THIS SITE, (II) FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF ELECTRONIC MAIL MESSAGES YOU SEND US; (III) THE PUBLISHING OF ANY INFORMATION, COMMENTS OR OTHER INFORMATION ON OR TO THE WEBSITE BY YOU OR ANY PERSON USING YOUR COMPUTER; OR (IV) THE USE BY ANY THIRD PARTY OF YOUR USER NAME OR PASSWORD. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, YOUR LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS OF NEGLIGENCE, OR OTHERWISE ARISE OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, OR MATERIALS AVAILABLE FROM THIS WEBSITE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Indemnification
You will indemnify and hold harmless Monkey Bros. MMA, its affiliates and their respective current, future or former instructors, coaches, partners, employees, agents, contractors, licensors, suppliers and their successors or assigns (collectively, the “Monkey Bros. MMA Group”) on demand, from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees) incurred by any of the members of the Monkey Bros. MMA Group, and, if directed by Monkey Bros. MMA, you shall defend the Monkey Bros. MMA Group against (i) all claims that any information, data or other materials provided or Published by you in connection with the website or these Terms and Conditions, or use thereof by any member of the Monkey Bros. MMA Group, infringes, misappropriates or otherwise violates any patent, trademark, copyright, trade secret or other intellectual property, proprietary or privacy right of a third party, or that violates any law, rule or regulation; (ii) all claims arising from fraud, intentional misconduct, criminal acts or gross negligence by you; and (iii) all claims otherwise arising due to a failure by you to comply with any term or condition of these Terms and Conditions.
Featured Links
This website may contain hyperlinks to other Internet websites. These hyperlinks are provided for your information and convenience only. Monkey Bros. MMA does not control these other websites and is not responsible for their content, nor does Monkey Bros. MMA’s inclusion of hyperlinks to such websites imply any endorsement or approval of the material on such websites or any association with their operators. Check the URL address provided in your browser to determine whether you are still on this Monkey Bros. MMA website or have moved to another site.
Linking
Monkey Bros. MMA permits linking to content on our website. Linking should not suggest that Monkey Bros. MMA promotes or encourages any third party’s causes, ideas, websites, products, or services. Linking should not use Monkey Bros. MMA’s content for inappropriate commercial purposes or in any way that is unlawful or harmful to any other person or entity. Monkey Bros. MMA reserves the right to withdraw permission for any link.
Copyright
Except for material in the public domain under United States copyright law, all material contained on the website (including all software, HTML code, Java applets, Active X controls, and other code) is protected by applicable United States and foreign copyright laws. Except as otherwise expressly provided in these Terms and Conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any material contained on the website without the prior consent of the copyright owner. Violation of this provision may result in severe civil and criminal penalties.
Termination of Privileges
Monkey Bros. MMA reserves the right to suspend or terminate your privilege of using all portions or any portion of this website, including all of your privileges or accounts that you may have established in connection with the website, at any time and without notice to you if, in Monkey Bros. MMA’s sole judgment, you breach any of these Terms and Conditions, the Monkey Bros. MMA Privacy Policy or for any other lawful reason. Notwithstanding the termination of your various privileges, the following paragraphs shall survive such termination: Accuracy, Completeness, and Timeliness of Information on the Website, Use of Materials from the Website, Materials You Submit, Registered Users, Disclaimers, Limitation of Liability, Indemnification, Copyright, Trademarks, Termination Privileges, Jurisdiction and Miscellaneous.
Changes to These Terms and Conditions
Monkey Bros. MMA reserves the right to make changes to these Terms and Conditions at any time by posting revised Terms and Conditions on the website. It is your responsibility to check periodically for any changes we may make to these Terms and Conditions. The most current version of the Terms and Conditions can be reviewed by clicking on the “Terms of Use” hypertext link located at the bottom of our Web pages. By continuing to use the website, you agree to all changes made by Monkey Bros. MMA as they may be made.
Jurisdiction
This website is controlled and operated by Monkey Bros. MMA from its principal office in the State of Oklahoma, USA. The laws of the State of Oklahoma govern these Terms and Conditions and your use of the website. We recognize that it is possible for you to obtain access to or monitor this website from any jurisdiction in the world, but we have no practical ability to prevent such access. This website has been designed to comply with the laws of the State of Oklahoma and the United States. Those who choose to access the website from other locations do so on their own initiative and are responsible for compliance with local laws if and to the extent local laws are applicable. If any material on this website, or your use of the website, is contrary to the laws of the place where you are when you access it, then the website is not intended for you, and we ask you not to use the website. You may not use or export materials on this website in violation of United States export laws and regulations. This website is not intended to subject Monkey Bros. MMA to the laws or jurisdiction of any state, country, or territory other than the state of Oklahoma and the United States of America.
If a dispute arises under these Terms and Conditions between you and any member of the Monkey Bros. MMA Group, such dispute shall be resolved (i) in Oklahoma City, Oklahoma, USA; and (ii) at the filing party’s election, in either a small claims court or by final and binding arbitration administered by the National Arbitration Forum or the American Arbitration Association, under their rules for consumer arbitrations. All disputes in arbitration will be handled solely between the named parties and not on any representative or class basis. ACCORDINGLY, YOU ACKNOWLEDGE THAT YOU MAY NOT HAVE ACCESS TO A COURT (OTHER THAN A SMALL CLAIMS COURT) OR JURY. Notwithstanding any other provision of these Terms and Conditions, any member of the Monkey Bros. MMA Group may resort to court action for injunctive relief at any time if, in its good faith belief, the dispute resolution procedures described above would permit or cause irreparable injury to such member of the Monkey Bros. MMA Group or any third party claims against a member of the Monkey Bros. MMA Group, due to delay arising out of such dispute resolution procedures.
Miscellaneous
If any provision of this agreement is unlawful, void, or unenforceable, the remaining provisions of the agreement will remain in place. These Terms and Conditions constitute the entire agreement and understanding between you and Monkey Bros. MMA with respect to the use of the website, superseding all prior or contemporaneous communications. A printed version of these Terms and Conditions shall be admissible in judicial or administrative proceedings based on or relating to the use of the website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
How to Contact Us
If you have any questions or comments about these Terms and Conditions or this website, please contact us at: