Terms & Conditions

Last updated: 7/17/2022

Preamble

By accessing this Machado Method website, including all material contained therein, you declare your assent to the following terms and conditions as well as our acceptable Privacy statement. Please read them carefully. Machado Method prides itself on excellent customer service, the primary mission is to be fair to our users and always do right by them. If you have any grievances you can always expect a good reply from any of our customer service channels.

1. Updates to Terms of Service

We may, in our sole discretion, modify the Terms of Service via email or by posting a notice on any part of the Website. The “Last Updated” date at the top the Terms of Service indicates when the latest modifications were made to the Terms of Service. By continuing to access and use the Website and Mobile App you agree to any such modifications. Therefore, you are responsible for reviewing and should become familiar with any such modifications. You are encouraged to review these Terms of Service periodically and to check the “Last Updated” date at the top of the Terms of Service for the most recent version. In addition, when using services or features on the Machado Method website, you will be subject to any posted guidelines or policies applicable to such services or features that may be posted from time to time, including but not limited to the Privacy Policy. All such guidelines or policies are hereby incorporated by reference into these Terms of Service.

2. Eligibility for Machado Method Subscriptions and Purchases

Our Services are available only to individuals. Customer hereby represents and warrants that it is duly licensed to do business and is in good legal standing in the jurisdictions in which it does business (during the term of this Agreement); that it is not a competitor of Machado Method; and that the person agreeing to this Agreement for Customer is at least eighteen (18) years of age and otherwise capable of and authorized to enter binding contracts for Customer.

3. Access

By accessing the Machado Method website, mobile app, courses, features or accessing any Machado Method related content you received via email or text message (collectively, the “Service(s)”), you certify that you’re using premium content solely for personal, non-commercial purposes; you will not copy or distribute any part of the website or content without Machado Method prior written authorization; you will fully comply with the terms and conditions of these terms of service as well as our acceptable use policy, and you will not share your account username and password with other persons.

Machado Method reserves the right to restrict certain content to be available for members on a specific membership basis if it desires to do so.

Machado Method may revoke your access at any time in its sole discretion. Upon such revocation, you must promptly destroy all content downloaded or otherwise obtained through the Machado Method website, as well as copies of such materials, whether made in accordance with these Terms and Conditions or otherwise.

3.1 Mobile Services

The Service may include certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device an (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. In using the Mobile Services, you may provide your telephone number. By providing your telephone number, you consent to receive calls and/or SMS, MMS, or other text messages at that number. Please see section 9 – Mobile message service terms and conditions for more on the Machado Method mobile message service. 

4. Conditions of Use

4.1 User Conduct

You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. Machado Method reserves the right to investigate and take appropriate legal action against anyone who, in Machado Method’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:

• email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, “contests”, “sweepstakes”, or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Machado Method, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Machado Method or its users to any harm or liability of any type;
• interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
• violate any applicable local, state, national or international law, or any regulations having the force of law;
• impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; solicit personal information from anyone under the age of 18;
• harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
• advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
• further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
• obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.

5. Purchases and Payment

a.) Purchasing a Course

Your contract for the purchase of a Course or multiple courses is completed once you confirm your purchase and performance of this contract begins as soon as the purchase is complete.

By providing a credit card or other “Payment Method” accepted by Machado Method for your purchase or subscription, you are expressly agreeing that we are authorized to charge you the fee for the Course you selected, and any other fees for additional services you may purchase, and any applicable taxes in connection with your use of your subscription to the Payment Method.

b.) Payment Processing Methods

Machado Method may make available to you various payment processing methods to facilitate the purchase of Services. You must abide by any relevant terms and conditions or other legal agreement with third party payment processors, that governs your use of a given payment processing method. Machado Method may add or remove payment processing methods at its sole discretion and without notice to you. Once your purchase is complete, Machado Method or the payment processor may charge your credit card or other form of payment that you indicate for any Courses/Services purchased, along with any additional applicable amounts (including any taxes). You are solely responsible for all amounts payable associated with purchases you make via the Machado Method website.

c.) Pricing

Pricing and availability of all Courses/Services displayed through the Machado Method website are subject to change at any time before you click the button indicating that you want to purchase such Services.

When there is a sale ongoing on the website, discount codes are not stackable. Items that are already discounted during a sale (bundles or daily steal items) will not be further discounted during a website sale. Machado Brothers subscriptions and apparel are not included in any website sales unless specifically stated otherwise.

d.) Purchasing a subscription

By providing a credit card or other “Payment Method” accepted by Machado Method for your purchase of a monthly or yearly subscription, you are expressly agreeing that we are authorized to charge you the selected subscription fee (monthly/yearly) if you decide to choose the subscription option, and any other fees for additional services you may purchase, and any applicable taxes in connection with your use of your subscription to the Payment Method.

If you want to use a different Payment Method than the one you signed up to use during registration (if you selected the Subscription option), or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by logging with your username and updating said details. When you provide a Payment Method to access a subscription, the system will attempt to verify the information you entered. We do this by processing an authorization hold, which is a standard practice. We do not charge you in connection with this authorization hold. If your Payment Method expires and you do not edit your Payment Method information or cancel your account, you authorize us to continue billing, and you will remain responsible for any uncollected amounts.

As used in these Terms, “billing” shall indicate either a charge or debit, as applicable, against your Payment Method. The subscription fee will be billed automatically at the beginning of your subscription and on each monthly or yearly renewal date thereafter unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued pursuant to these Terms. To see the commencement date for your next renewal period find it in the My account section of Machado Method or contact customer support for the information.

We automatically bill your Payment Method each month or year on the calendar day corresponding to the commencement of your subscription (each such month or year). In the event your subscription begins on a day not contained in a given month, we bill your Payment Method on the last day of such month. For example, if you became a paying subscriber on January 31, your Payment Method would next be billed on February 28. If you change your Payment Method, this could result in changing the calendar day upon which you are billed. You acknowledge that the amount billed each Monthly Period may vary due to promotional offers, changes in your subscription, and changes in applicable taxes, and you authorize us to charge your Payment Method for the corresponding amounts. If Machado Method changes the subscription fee or other charges for your subscription, we will give you advance notice of these changes by email.

Rarely, if there are special circumstances where Machado Method determines it is appropriate (e.g., your subscription Service is unavailable for days due to technical difficulties), we may provide refunds to affected subscribers. If you are having trouble accessing any purchased content, please contact support at customersupport@machadomethod.com to ensure we are aware of your difficulties.

e.) Ongoing Subscription and Cancellation

Your subscription will continue in effect on a month-to-month or year-to-year basis unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued pursuant to these Terms. You must cancel your subscription before your monthly or yearly renewal date in order to avoid the next billing (each Monthly Period). If you cancel your subscription, cancellation will be effective at the end of the current Monthly Period. This means that you will have continued access to your subscription for the remainder of that period, but you will not receive a refund.

Machado Method reserves the right, in its sole discretion, to terminate your access to all or any part of the Machado Method Services at any time, for any or no reason, with or without prior notice, and without liability.

You can cancel your account at any time through your account settings or by contacting support. These account settings can be accessed by clicking on »My account«.

If you’re having any trouble whatsoever please contact us at customersupport@machadomethod.com.

6. Refunds

We offer a full 7-day money-back guarantee for all course purchases made on the Machado Method website. If you are not satisfied with the digital product that you have purchased from us, you can get your money back by following a few steps.

In case of user dissatisfaction, please write an email to customersupport@machadomethod.com and let us know why you disliked the product. We kindly ask you to watch at least 1/3 of the course you purchased, to ensure you give the product a chance.

If you have any additional questions or would like to request a refund, please feel free to contact us at customersupport@machadomethod.com.

In terms of purchasing a subscription, Machado Method offers refunds after the first month of service in the case of user dissatisfaction. Requests have to be made through email (customersupport@machadomethod.com). Requests have to be made before the first month of subscription is completed. Machado Method agrees to provide the refund at its earliest convenience. Refunds are offered if deemed appropriate by customer service representatives, but Machado Method does not have any obligation to provide said refunds based on the judgment of the customers. We like to be cool with our users and never rip them off, that’s the most important principle.

7. Intellectual Property Rights

You acknowledge that all materials on the Machado Method website, including, but not limited to, the Website design, Application design, graphics, text, sounds, pictures, and other files and the selection and arrangement thereof (collectively, “Materials”), are the property of Machado Method and/or its licensors, and are subject to and protected by United States and international copyright and other intellectual property laws and rights.

You may not use, copy, reproduce, distribute, broadcast, display, sell, license, or otherwise exploit videos, written content, images and or services for any other purposes without the prior written consent of Machado Method. Unauthorized use of this website or services may give rise to a claim for damages and/or be a criminal offence.

You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Machado Method.

You understand that when using the technique videos or images you will be exposed to a wide variety of technique, possibly from a variety of sources and that Machado Method is not responsible for the accuracy, usefulness, or safety of such technique. You hereby agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Machado Method with respect thereto, and agree to indemnify and hold Machado Method and its owners, affiliates, and/or licensors harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

The above mentioned applies to any written content you receive in a form of an eBook (PDF), email or mobile text as well.

7.1 Third Party Material

Under no circumstances will Machado Method be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Machado Method might not pre-screen content, but that Machado Method and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via Machado Method. Without limiting the foregoing, Machado Method and its designees will have the right to remove any content that violates these Terms and Conditions or is deemed by Machado Method, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risk associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. 

8. Warranty Disclaimer

You agree that your use of the Machado Method website, or other educational content related to and provided by Machado Method, watched on any device shall be at your sole risk. To the fullest extent permitted by law, Machado Method, its officers, directors, employees and agents disclaim all warranties expressed or implied, in connection with the website and your use thereof. Machado Method makes no warranties or representations about the accuracy or completeness of the site’s content or the content of any sites linked to this site and assumes no liability or responsibility for any (I) errors, mistakes, or inaccuracies of content, (II) personal injury or property damage, of any nature whatsoever, resulting from access to and use of our website, (III) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (IV) any interruption or cessation of transmission to or from our website, (V) any bugs, viruses, Trojan horses or the like which may be transmitted to or through our website by any third party, (VI) and/or any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Machado Method website.

9. Limitation of Liability

In no event shall Machado Method, its officers, directors, employees, or agents be liable to you for any direct, indirect, incidental, special, punitive, or consequential damage whatsoever resulting from any (I) errors, mistakes, or inaccuracies of content, (II) personal injury or property damage, of any nature whatsoever, resulting from access to and use of our website, (III) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (IV) any interruption or cessation of transmission to or from our website, (V) any bugs, viruses, Trojan horses or the like, which may be transmitted to or through our website by any third party, and/or any (VI) errors or omissions in any content or for any loss or damage of any kind, incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Machado Method website, whether based on warranty, contract, tort or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

You acknowledge that Machado Method shall not be liable for content posted by users or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

9.1 Medical Liability

Machado Method provides videos and images which deal with the manipulation of one’s body. Machado Method does NOT accept any liabilities for injuries or damages that may occur with the use of the website or mobile app. As frequently stated, instructors on the website are not medical professionals, they provide instructions and advice based on their jiu jitsu practice and experiences. The customer must assess if the movements are appropriate for them to do, Machado Method does not accept any responsibility for their actions.

The above mentioned applies to all content received in a form of an eBook, email or text as well.

10. Mobile message service terms and conditions

The Machado Method mobile message service is operated by “Machado Method”. Your use of the Service constitutes your agreement to these terms and conditions. We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

Text messages may be sent using an automatic telephone dialing system or other technology. Your consent to receive autodialed marketing text messages is not required as a condition of purchasing any goods or services. If you have opted in, the Service provides promotions, specials, and other marketing offers from Machado Method via text messages through your wireless provider to the mobile number you provided. Message frequency varies. Text the single keyword command STOP to cancel at any time. You’ll receive a one-time opt-out confirmation text message. If you have subscribed to other Machado Method mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP or email customersupport@machadomethod.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. You agree to maintain accurate, complete, and up-to-date information with us related to your receipt of messages. 

You agree to indemnify, defend, and hold us harmless from any third-party claims, liability, damages or costs arising from your use of the Service or from you providing us with a phone number that is not your own.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

11. General

These terms of service, together with the privacy policy and any other legal notices published on the Machado Method website, shall constitute the entire agreement between you and Machado Method. If any provision of these terms of service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms of service, which shall remain in full force and effect. No waiver of any term of these terms of service shall be deemed a further or continuing waiver of such term or any other term, and Machado Method failure to assert any right or provision under these terms of service shall not constitute a waiver of such right or provision. Machado Method reserves the right to amend these terms of service at any time and without notice, and it is your responsibility to review these terms of service for any changes. Your use of Machado Method following any amendment of these terms of service will signify your assent to and acceptance of its revised terms.