Coach Chijo Academy Terms
Introduction
Welcome! Thank You for joining the Coach Chijo Academy (the “Membership”) provided by Coach Chijo LLC. The Coach Chijo Academy (the “Platform”) gives you access to the latest Coach Chijo instructional videos, training materials, and live webinars with Coach Chijo and the Company’s coaching staff (collectively, the “Services”). We hope you enjoy being a member and that the Services provide you with new insight into all aspects of volleyball to improve and develop your game.
Your Service Provider
Coach Chijo LLC, is an Oregon limited liability company referred to as the “Company”, “we”, “us”, or “our”). The Company provides the Services through membership.io (the “Provider”).
Applicable Terms
Your use of the Service is subject to these terms, the Membership Guidelines and the Safety and Copyright Policies which may be updated from time to time (collectively, this "Agreement").
Please read this Agreement carefully and make sure you understand it. If you do not understand the Agreement, or do not accept any part of it, then you may not use the Services.
Who may use the Services?
Use of the Services is reserved to the Coach Chijo Academy (referred to as, “Member”, “you”, or “your”). You represent and warrant that you are over the age of 18 and that you have provided correct and accurate information regarding your age.
Age Requirements
You must be at least 16 (unless you are located inside the United States where the minimum age is 13) years old to use the Services. However, if you are under 18, a parent or legal guardian must be the Member and agree to the Parental Controls provisions of this Agreement before your Membership is active and allowing you access to the Platform, your parent or legal guardian should review this Agreement with you.
Parental Controls
If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Services, you are the owner of the account and contracting party to this Agreement, and are subject to the terms of this Agreement and responsible for your child’s activity on the Platform. In addition to reviewing the terms of this Agreement and Community Guidelines with the minor user, you should instruct the minor on the safe and responsible use of the internet and social media such as not disclosing your name, location, or other personally identifying information; refusing to engage privately or agreeing to meet in person with anyone you do not know, and how to report or otherwise notify you, another safe adult, or the Company about any inappropriate or unsafe behavior of other Members.
You agree that you control access to the Services and that you will ensure that the minor user will abide by the terms and conditions of this Agreement and that the minor user’s conduct conforms to the terms of this Agreement, privacy policy, and community guidelines. You are required to regularly review the minor user’s use and interactions with the Platform and use of the Membership.
BY AGREEING TO THE PARENTAL CONTROLS SECTION OF THIS AGREEMENT, YOU CONSENT TO THE MINOR USER’S USE OF THE SERVICES SUBJECT TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT (INCLUDING THE DATA COLLECTED), THE PRIVACY POLICY, AND COMMUNITY GUIDELINES IN ADDITION TO THE PROVISIONS RELATED SPECIFICALLY TO THE MINOR USER. FURTHER YOU WAIVE LIABILITY OF THE COMPANY AND ITS COACHES, EMPLOYEES, AGENTS, CONTRACTORS, AND REPRESENTATIVES FOR ANY AND ALL WAIVERS DESCRIBED ELSEWHERE IN THIS AGREEMENT IN ADDITION TO ANY INJURY, DAMAGE, OR HARM RESULTING FROM THE MINOR USER’S USE OF THE SERVICES ON BEHALF OF YOU AND THE MINOR USER AND YOUR AND THEIR HEIRS, EXECUTORS, SUCCESSORS, AND ASSIGNS.
Data Collection
Membership Information:
The Member is required to provide the following information (if you are a parent or legal guardian, you are the member): Name; email address; date of birth; payment information; username.
All Members, or a parent or legal guardian of a minor user, may elect to provide the following optional information which may be displayed in your Member bio: position, and skill level.
The only information which the Company will share with other users will be your username, and, if provided, your position and skill level.
Other Information we may collect:
The Company may collect other user information for the purpose of improving the services, marketing, accessibility, content direction (i.e. algorithms to show you the content you are most interested in), and geolocation (limited to global region or country/state).
Except as more specifically detailed in the Company’s privacy policy, the data collected will not be sold to any third-party marketers, consultants, or businesses and will only be used by the Company for improving the Services. While the Company may use the information it receives in its own marketing or business planning, such information will be anonymized or otherwise repackaged to prevent any personally identifiable information from being disclosed before being provided to any marketing or consulting firm which the Company has specifically engaged for its own business purposes.
Membership Fee
There is a monthly fee paid in advance, payment will be made when you sign up for the Membership and subsequently on the same date of each month during the term of your Membership (the “Membership Fee”). THE MEMBERSHIP FEE WILL BE AUTOMATICALLY BILLED EACH MONTH USING THE PAYMENT METHOD YOU HAVE ON FILE WITH THE COMPANY. THE COMPANY IS NOT RESPONSIBLE FOR, NOR WILL ANY REFUND BE PROVIDED, IF YOU FAIL TO TERMINATE YOUR MEMBERSHIP, OR OTHERWISE REMOVE THE METHOD OF PAYMENT, PRIOR TO THE NEXT BILLING DATE.
If you cancel your Membership or your Membership is terminated by us, there will be no refund of any portion of the Membership Fee paid for the month in which the cancellation or termination occurs.
Personal Use Only
The Services are intended only for your personal use, and under no circumstances shall a Member use, reproduce, or otherwise publish or display any Content from the Platform (whether through the Platform or otherwise). If you are a business or club, you should contact the Company at help@coachchijo.com to inquire about other options that may be available to you.
Your Other Use of the Service
Content on the Service
The content on the Service includes videos, audio (for example recordings and other sounds), graphics, photos, text (such as comments and technique descriptions), branding (including trade names, trademarks, service marks, or logos), interactive features whether provided by you, the Company or a third-party (collectively, "Content”).
Content is the responsibility of the Member, Company, or other person that posts or uploads it to the Platform. The Company is under no obligation to host or serve Content on the Platform and may remove it at any time. Although the Company does not monitor the posting or uploading of Content onto the Platform, the Company may, but is not obligated to, remove any Content which, in its sole opinion, violates this Agreement. If you see any Content you believe does not comply with this Agreement, including by violating the Community Guidelines or the law, you can report it to us.
Other Uses and Term
You can use the Platform to browse and search for Content. You may be able to like, comment, or share videos and posts.
You may access and use the Services as made available to you, for as long as you comply with this Agreement, including the Membership Fee, and any applicable law. You may view or listen to Content for your personal, non-commercial use.
Restrictions
The following restrictions apply to your use of the Services.
Under no circumstances are you permitted to: access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of the Services or any Content except: (a) as the Company has expressly authorized in writing; (b) circumvent, disable, fraudulently engage with, or otherwise interfere with any part of the Services (or attempt to do any of these things), including security-related features or features that (1) prevent or restrict the copying or other use of Content or (2) limit the use of the Services or Content; (c) access the Services using any automated means (such as robots, botnets, or scrapers) except (1) in the case of public search engines; or (2) with the Company’s prior written permission; (d) collect or harvest any information that might identify a person (for example, usernames, faces, or any other contact information); (e) use the Services to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations; (f) cause or encourage any inaccurate measurements of genuine user engagement with the Services, including by paying people or providing them with incentives to increase a video’s views, likes, or dislikes, or to increase a channel’s subscribers, or otherwise manipulate metrics in any manner; (g) misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions; (h) run contests on or through the Services or the Platform; (i) use the Services to view or listen to Content other than for personal, non-commercial use (for example, you may not publicly screen videos or stream music from the Service); or (j) use the Services to (1) sell any advertising, sponsorships, or promotions placed on, around, or within the Services, the Platform, or the Content; or (2) sell advertising, sponsorships, or promotions on any page of any website or application that only contains Content from the Services or the Platform where Content from the Services or the Platform is the primary basis for such sales.
Your Information
Our Privacy Policy explains how we treat your personal data and protect your privacy when you use the Services.
Acceptance of Risk
THE SERVICES ARE INTENDED TO PROVIDE INSIGHT INTO PHYSICAL TRAINING, TECHNICAL, AND STRATEGIC IMPROVEMENT IN THE SPORT OF VOLLEYBALL. THEREFORE, YOU MAY USE THE INFORMATION PROVIDED THROUGH THE SERVICES IN YOUR TRAINING AND STUDY TO HELP YOU IMPROVE YOUR VOLLEYBALL SKILLS, TECHNIQUES, AND IN MATCH MANAGEMENT. HOWEVER, YOU ACKNOWLEDGE AND AGREE THE PARTICIPATION IN VOLLEYBALL AND PHYSICAL TRAINING INCLUDES RIGOROUS PHYSICAL ACTIVITY WHICH MAY CAUSE BOTH MINOR AND SIGNIFICANT INJURY TO YOUR CARDIOVASCULAR, SKELETOMUSCULAR, AND NERVOUS SYSTEMS AND THAT THE RISKS ASSOCIATED WITH SUCH PHYSICAL ACTIVITY CAN BE HEIGHTENED BASED ON, AMONG OTHER THINGS, YOUR AGE, GENERAL HEALTH, PHYSICAL FITNESS, LOCATION OF YOUR TRAINING AND MANY OTHER FACTORS. YOUR HEALTH AND SAFETY ARE OUR MAIN PRIORITY. HOWEVER, WE CANNOT ATTEND YOUR TRAINING SESSIONS, DETERMINE YOUR LEVEL OF PHYSICAL FITNESS, NOR DIRECT YOU IN ANY OTHER ASPECT OF YOUR TRAINING. ACCORDINGLY, YOU MUST CONSIDER YOUR OWN HEALTH, SAFETY, PHYSICAL FITNESS, AND TRAINING CONDITIONS TO ENSURE THAT YOU ARE SUITABLY FIT AND PROPERLY EQUIPPED TO PARTICIPATE SAFELY IN THE ACTIVITIES DESCRIBED OR EXHIBITED IN THE SERVICES OR ON THE PLATFORM. IF YOU ARE IN ANY DOUBT AS TO YOUR SUITABILITY TO ENGAGE IN THE ACTIVITIES DESCRIBED OR EXHIBITED IN THE SERVICES OR THE PLATFORM YOU SHOULD CONSULT YOUR DOCTOR (OR OTHER MEDICAL PROFESSIONAL, E.G. PHYSIOTHERAPIST), PARTICULARLY IF ANY OF THE FOLLOWING ARE APPLICABLE:
- IF YOU HAVE EVER BEEN TOLD YOU HAVE A HEART CONDITION OR FEEL PAIN IN YOUR CHEST WHEN YOU EXERCISE OR HAVE BEEN PRESCRIBED MEDICATIONS THEREFOR;
- IF YOU TAKE MEDICATION WHICH MAY AFFECT BLOOD PRESSURE, BALANCE, ANTI-COAGULANTS, COAGULATION FACTORS, THROMBOLYTICS, OR ANY OTHER MEDICATION WHICH MAY AFFECT YOUR CARDIO-PULMONARY SYSTEM;
- IF YOU EVER LOSE YOUR BALANCE BECAUSE OF DIZZINESS OR PASS OUT/LOSE CONSCIOUSNESS; OR SUFFER FROM A SEIZURE DISORDER;
- IF YOU HAVE ANY BONE/JOINT PROBLEMS THAT A CHANGE IN YOUR PHYSICAL ACTIVITY COULD AGGRAVATE OR MAKE WORSE;
- IF YOU KNOW OF ANY OTHER REASON WHY YOU SHOULD NOT ENGAGE IN PHYSICAL ACTIVITY.
YOU SHOULD CONTINUALLY MONITOR YOUR HEALTH TO ENSURE THAT YOU REMAIN PHYSICALLY ABLE TO SAFELY PARTICIPATE IN THE ACTIVITIES DESCRIBED OR EXHIBITED IN THE SERVICES AND PLATFORM. YOU CONFIRM THAT YOU HAVE READ AND UNDERSTAND THIS INFORMATION, AND HAVE TAKEN ALL NECESSARY STEPS INCLUDING, IF REASONABLE, OBTAINING THE ADVICE OF A PHYSICIAN TO CONFIRM YOUR SUITABILITY TO PARTICIPATE IN THE ACTIVITIES DESCRIBED OR EXHIBITED IN THE SERVICES AND PLATFORM. YOU ALSO CONFIRM THAT YOU ARE VOLUNTARILY ENGAGING IN AN ACCEPTABLE LEVEL OF EXERCISE OR PHYSICAL ACTIVITY FOR YOUR FITNESS, AGE, AND SKILL LEVEL AND UNDERSTAND THAT YOUR PARTICIPATION INVOLVES A RISK OF INJURY. THE COMPANY NOR ANY OF ITS COACHES, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, OR ANY AFFILIATED PARTY ACCEPT, AND YOU HEREBY WAIVE, ANY LIABILITY FOR ANY INJURY OR ADVERSE HEALTH EVENT OR CONDITION, HOWEVER SUSTAINED.
Permissions and Restrictions
Rights Reservation
Using the Services does not give you ownership of or rights to any aspect of the Services or Platform, including user names or any other Content posted by others or the Company.
Develop, Improve and Update the Service
The Company will change and make efforts to improve the Services, in its sole discretion. As part of this continual evolution, we may make modifications or changes (to all or part of the Services) such as adding or removing features and functionalities, offering new Content or Services, or discontinuing old Content or Services. We may also need to alter or discontinue the Services, or any part of them, to make performance or security improvements, make changes to comply with law, or prevent illegal activities on or abuse of the Platform, or our systems. These changes may affect all users, some users or even an individual user. When the Services require or include downloadable software (such as an application), that software may update automatically on your device once a new version or feature is available, subject to your device settings. If we make material changes that negatively impact your use of the Services, we will attempt, but are not obligated to, provide you with reasonable advance notice, some changes are urgent situations such as preventing abuse, responding to legal requirements, or addressing security and operability issues and may be changed without any notice and at any time the Company, in its sole discretion, determines such changes are required.
Your Content and Conduct
Uploading Content
Your Membership may permit you to upload Content to the Platform as a part of the Services. You may use your Content to comment on other Content. If you choose to upload Content, it must comply with this Agreement (including the Community Guidelines) and the law. For example, the Content you submit must not include third-party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so. You are legally responsible for the Content you submit to the Service. We may use automated systems that analyze your Content to help detect infringement and abuse, such as spam, malware, and illegal content.
Rights you Grant
You retain ownership rights in your Content. However, we do require you to grant certain rights to the Company and other users of the Services, as described below.
License to the Company
In providing Content to the platform as part of the Services, you grant to us a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use that Content (including to reproduce, distribute, prepare derivative works, display and perform it) in connection with the Services or any other general content the Company, including any successors and affiliates, produces that extends beyond the Membership Services, and including for the purpose of promoting and redistributing part or all of the Services.
License to Other Users
You also grant each other user of the Service a worldwide, non-exclusive, royalty-free license to access your Content through the Services, and to use that Content, including to reproduce, distribute, prepare derivative works, display, and perform it, only as enabled by a feature of the Services (such as video playback or embeds). For clarity, this license does not grant any rights or permissions for a user to make use of your Content independent of the Services.
Duration of License
The licenses granted by you continue for a commercially reasonable time period after you remove or delete your Content from the Platform. You understand and agree, however, that the Company may retain, but not display, distribute, or perform, server copies of your Content that has been removed or deleted, unless such removed or deleted Content subject to production in any legal proceeding or reasonable calculated to become subject to any legal proceeding.
Right to Monetize
You understand and grant to the Company the right to include your Content in the Member Services on the Platform and that the Company may derive income from its Members as a part of using such Content. As a part of your Membership, you acknowledge and agree that no portion of the Membership Fee is owed or otherwise due to you for including the Content you place or upload on the Platform. This Agreement does not entitle you to any payments.
Removing Your Content
You may remove your Content from the Platform at any time. You also have the option to make a copy of your Content before removing it. You must remove your Content if you no longer have the rights required by these terms.
Removal of Content By the Company
If any of your Content (1) violates the terms of this Agreement or (2) may cause harm to the Company, any other Member, or any third party, we reserve the right to remove or take down some or all of such Content in our sole discretion. We will notify you with the reason for our action unless we reasonably believe that to do so: (a) would breach the law or the direction of a legal enforcement authority or would otherwise risk legal liability for the Company or our Affiliates; (b) would compromise an investigation or the integrity or operation of the Services; or (c) would cause harm to any user, other third party, or the Company. You can learn more about reporting and enforcement, including how to appeal by contacting the Company at help@coachchijo.com.
Copyright Protection
If you believe your copyright has been infringed on the Platform or through the Services, please send us a notice.
We will respond to notices of alleged copyright infringement in a reasonable time after receiving notice and reviewing the allegation. All notices should be sent to help@coachchijo.com Subj: Copyright Take Down.
Account Suspension & Termination
Terminations by You
You may terminate your Membership and stop using the Services at any time. If you terminate your access to the Platform will be immediately terminated. If you terminate your Membership at any time prior to your next scheduled payment of the Membership Fee, no fee will be charged. If you terminate your membership at any time after your next scheduled payment of the Membership Fee, the Membership Fee will not be returned or otherwise prorated.
Terminations and Suspensions
We reserve the right to suspend or terminate your Membership or your access to all or part of the Services if (a) you breach this Agreement; (b) we are required to do so to comply with a legal requirement or a court order; or (c) we reasonably believe that there has been conduct that creates (or could create) liability or harm to any user, other third party, us or any of our affiliates. Under no circumstances will any suspension or termination obligate or otherwise require us to refund all or any portion of the Membership Fee.
Notice for Termination or Suspension
We will notify you with the reason for your termination or suspension unless we reasonably believe that to do so: (a) would violate the law or the direction of a legal enforcement authority; (b) would compromise an investigation; (c) would compromise the integrity, operation or security of the Service; or (d) would cause harm to any user, other third party, us or our Affiliates. If you believe that the termination or suspension has been made in error, you can appeal using the method described in the notice. The foregoing notwithstanding, we are under no obligation to review your appeal, and any decision on appeal will be final.
About Software in the Service
Downloadable Software
When the Services require or include downloadable software (such as an application), subject to any additional terms of the software developer or host which provide a license, we give you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software used by you as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by us, in the manner permitted by this Agreement. You are not allowed to copy, modify, distribute, sell, or lease any part of the software, or to reverse-engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have our and the developer or host’s written permission.
Other Legal Terms
Warranty Disclaimer
OTHER THAN AS EXPRESSLY STATED IN THIS AGREEMENT OR AS REQUIRED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND THE COMPANY DOES NOT MAKE ANY SPECIFIC COMMITMENTS OR WARRANTIES ABOUT THE SERVICES OR THE PLATFORM. WE DON’T MAKE ANY WARRANTIES INCLUDING, BUT NOT LIMITED TO: (A) THE CONTENT PROVIDED THROUGH THE SERVICE; (B) THE SPECIFIC FEATURES OF THE SERVICES OR THE PLATFORM, OR THE ACCURACY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS; NOR (C) THAT ANY CONTENT YOU SUBMIT WILL BE ACCESSIBLE ON THE PLATFORM OR AS PART OF THE SERVICES.
WE DO NOT MAKE ANY WARRANTIES WHATSOEVER WHETHER IMPLIED OR FOR A PARTICULAR PURPOSE THAT ANY MEMBER WILL OBTAIN ANY INCREASED SKILL, TECHNIQUE, STRATEGY, OR UNDERSTANDING OF VOLLEYBALL NOR THAT ANY MEMBER WILL BE SUCCESSFUL IN BEING SELECTED FOR ANY CLUB, COMPETITIVE, TOURNAMENT, OR OTHER VOLLEYBALL TEAM BY APPLYING THE INFORMATION RECEIVED THROUGH THE SERVICES OR THE PLATFORM.
Limitation of Liability
EXCEPT AS REQUIRED BY APPLICABLE LAW, US, OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE RESPONSIBLE FOR ANY INDIRECT OR CONSEQUENTIAL LOSSES OR PUNITIVE OR EXEMPLARY DAMAGES: (A) ERRORS, MISTAKES, OR INACCURACIES ON THE SERVICE; (B) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SERVICES OR THE PLATFORM; (C) ANY INTERRUPTION OR CESSATION OF THE SERVICE; (D) ANY VIRUSES OR MALICIOUS CODE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; (E) ANY CONTENT WHETHER SUBMITTED BY A USER OR YOU, INCLUDING YOUR USE OF CONTENT; AND/OR (F) THE REMOVAL OR UNAVAILABILITY OF ANY CONTENT.
THIS PROVISION APPLIES TO ANY CLAIM, REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.
THE COMPANY AND ANY OF ITS AFFILIATES’ TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATING TO THE SERVICES OR USE OF THE PLATFORM TO THE LESSER OF: (A) THE AMOUNT A MEMBER HAS PAID IN MEMBERSHIP FEES IN THE PRECEDING THREE (3) YEARS OR (B) $100 (USD).
Indemnity
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Company, any or its Affiliates or their officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Service.
Third-Party Links
THE SERVICES AND/OR THE CONTENT MAY CONTAIN LINKS TO THIRD-PARTY WEBSITES AND ONLINE SERVICES THAT ARE NOT OWNED OR CONTROLLED BY THE COMPANY. WE HAVE NO CONTROL OVER, AND ASSUME NO RESPONSIBILITY FOR, SUCH WEBSITES AND ONLINE SERVICES. BE AWARE WHEN YOU LEAVE THE SERVICES OR THE PLATFORM; WE SUGGEST YOU READ THE TERMS AND PRIVACY POLICY OF EACH THIRD-PARTY WEBSITE AND ONLINE SERVICE THAT YOU VISIT.
Additional Terms
Changes to this Agreement
We may amend, modify, or change this Agreement (1) to reflect changes to our Services or how we do business - for example, adding new or additional products or features or removing old ones, (2) for legal, regulatory, or security reasons, (3) to prevent abuse or harm, or (4) for any other reason which is reasonably calculated to enhance or otherwise alter the Services, Content, or the Platform.
We will provide you with reasonable notice of any material change this Agreement, except (1) when we launch a new product or feature, or (2) in urgent situations, such as preventing ongoing abuse or responding to legal requirements. You will be notified by any non-material changes on your first login after the change is implemented. Please note, that only the most recent version of this Agreement is maintained at www.coachchijo.com/academyterms. If you don’t agree to the new terms, you should remove your content and stop using the services, while using the Services or the Platform without agreeing to the new terms you may experience disruptions in your use of the Services and the Platform. If you have failed to agree to the new terms within 90 days of being notified of and requested to accept the new terms, the Company will deem that you have refused to accept the new terms and your Membership will be terminated.
Continuation of this Agreement
If your use of the Services ends, the following terms of this Agreement will continue to apply to you: “Other Legal Terms”, “About This Agreement”, and the licenses granted by you will continue as described under “Duration of License”.
Severance
Any term or partial term of this Agreement is determined to be not enforceable for any reason such determination will not affect any other terms or the balance of such term not so affected.
No Waiver
The Company’s failure to immediately act for any failure does not mean that we are waiving any rights that we may have (such as the right to act in the future).
Interpretation
In these terms, “include” or “including” means “including but not limited to,” and any examples provided in this Agreement are for illustrative purposes only and not a limit on any other act or acts that the we may take.
Governing Law
All claims arising out of or relating to these terms or the Services will be governed by Oregon law, and any conflict of laws principals will not apply. Further, all such claims will be litigated exclusively in the United States District Court for the District of Oregon or in the Circuit Court for the State of Oregon at Clackamas County. Both you and the Company consent to the personal jurisdiction of the foregoing courts. Any attempt to file in any other court of law will be void and you expressly agree to pay for all of the Company’s legal costs and fees in having the matter removed to the courts listed herein.
Limitation on Legal Action
YOU AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES OR THE PLATFORM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. BOTH PARTIES IRREVOCABLY WAIVE THE RIGHT TO A JURY TRIAL. YOU AND THE COMPANY AGREE THAT ANY LITIGATION WILL BE LITIGATED ON AN INDIVIDUAL BASIS AND WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST ONE ANOTHER EITHER AS A REPRESENTATIVE OR MEMBER IN ANY CLASS, REPRESENTATIVE ACTION, OR ANY OTHER GROUP LITIGATION.
Community Guidelines
The Coach Chijo Academy is designed to bring people together to celebrate their shared passion of volleyball and drive to continue learning about the game they love. The Coach Chijo Academy is dedicated to making its Membership Content available accessible and informative to players at all levels of volleyball, from recreational players to elite athletes across the globe. However, much like playing the game, Coach Chijo and the Coach Chijo Academy Team believe that its members must understand the rules before the opening serve. Therefore, to ensure that all Members enjoy an open and fun environment Coach Chijo and Coach Chijo Academy team provide the following guidelines for all Members.
The Coach Chijo Academy encourages its members to engage in open discussion of volleyball as a sport and community, which can include other methods for maintaining fitness in the off-season, or other activities that build strength and character needed for success on the court. However, all such content should remain positive and should not be used to harass, bully, or otherwise exclude other members. Any content that promotes violence or hatred toward another individual (whether a member or otherwise) based on the targeted individuals age, caste, ethnicity, race, disability, nationality, religion, sex, gender, sexual orientation, or victimhood (i.e. from a violent event to the individual, their family, or mass casualty event) is strictly prohibited and will result in your immediate termination.
In addition to the foregoing, members must refrain from posting, and may be suspended or terminated for posting, any Content that can be identified as the following:
Video Spam: links to videos promising users that they will see a certain video but directs them to a different video or other type of website which is unrelated to purpose of the link or are otherwise mistitled or misleading to the individual following the link.
Comment Spam: Comments which serve the sole purpose of enticing the reader to provide personal or private information about themselves or others, including, but not limited to their location; repetitive comments or coordinating repetitive comments, which are identical or significantly similar to one another and are untargeted and intended to garner engagement.
Third Party Links: Any links to third party content unrelated to volleyball or which leads the user to a 6-6 Community Competitor’s site. A non-exhaustive list of prohibited third-party links is provided below:
- Links to sites displaying or providing access to sexually suggestive material or pornography, including Child Sexual Abuse Imagery;
- Links to websites or apps that install malware or unwanted software;
- Links to websites or apps phishing for a user’s sign in info, financial info, or similar private info.
- Links to websites, apps, or other sources that give unauthorized access to audio content, audiovisual content, video games, software, or streaming services that normally require payment;
- Links to websites that seek to raise funds or recruit for non-volleyball related organizations;
- Links to sites selling items noted in our regulated goods guidelines;
- Links to content that would violate our hate or harassment policies;
- Links to content encouraging others to commit violent acts, including self-harm or suicide;
Impersonation Content: Any content that is posted to the Platform by a member which is reasonably construed by the reader to be that of another member, contains the personal or private information of another member, or otherwise purports to be posted by another member without the consent of the other member.
Advertisements: Coach Chijo and the Coach Chijo Academy team may from time-to-time post links, advertisements, or other content highlighting Coach Chijo LLC’s partners, affiliates, joint-ventures, or sponsors. Members shall not post any links or other content that includes any form of advertising for any products or services offered by the user, a competitor of Coach Chijo, or which is intended to drive sales for any other business, competition, apparel or equipment manufacturer, seller, or promoter.
Regulated Goods: Any content that promotes or otherwise purports to sell or make available the sale of any regulated goods or services is strictly prohibited. Prohibited goods or services include, but are not limited to: controlled narcotics and other illegal or age restricted drugs (including alcohol); physical therapy clinics/services or practitioners, chiropractic care, massage therapy, or other such similar services.
Dietary Supplements: Any content promoting or purporting to sell, make available to sell, or otherwise encouraging the use of unregulated dietary supplements or dieting regimens.