Agreement between User and Joshuavillarreal.com

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The Joshuavillarreal.com website (The "Site") is comprised of various web pages operated by Joshua Villarreal Training LLC ("Joshua Villarreal Training"). Throughout the site, the terms “our”, “us” and “we” refer to Joshua Villarreal Training LLC. Joshuavillarreal.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of Joshuavillarreal.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or participate in the services offered by this site.

 

Joshuavillarreal.com is an E-Commerce Site.

 

The purpose of this website is to provide visitors with up-to-date information about services and goods, provide training content for local and global players, book services for paying clients, and to sell training services, online programs, and physical branded products sold by Joshua Villarreal Training LLC. 

 

When you create an account, purchase a subscription, and/or use Joshua Villarreal Training LLC services, you agree to these terms.

 

Privacy

Your use of Joshuavillarreal.com is subject to Joshua Villarreal Training's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

 

Electronic Communications

Visiting Joshuavillarreal.com or sending emails to Joshua Villarreal Training constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

 

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Joshua Villarreal Training is not responsible for third-party access to your account that results from theft or misappropriation of your account. Joshua Villarreal Training and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at our sole discretion.

 

Children Under Thirteen

Joshua Villarreal Training does not knowingly collect, either online or offline, personal information from persons under the age of thirteen without the consent of the child's parent or guardian. If you are under 18, you may use Joshuavillarreal.com only with the permission of a parent or guardian.

 

 

Recurring Subscriptions and Memberships

Recurring charges will cover the cost of my Subscription, Membership, or Training Services.
By purchasing a subscription or membership on this site, or in person, you authorize Joshua Villarreal Training LLC to charge your credit card or bank account on file for this membership or subscription on your specified renewal date.

 

No prior notification is needed unless the date or amount of a charge is subject to change, in which case Joshua Villarreal Training LLC will notify you of such changes at least 72 hours in advance of when the change(s) are scheduled to take effect.

The terms of the authorization will remain in effect until a request to be terminated is submitted in writing. 

 

Cancellation/Refund Policy

• You may cancel your annual or monthly subscription at any time. It is the responsibility of the buyer to cancel a subscription, and provide the notice of cancellation in writing.

 

• Unless notified in writing at info@joshuavillarreal.com of a cancelation request, at least 72 hours prior to the scheduled renewal of your subscription, you give us permission to automatically renew your subscription on a monthly or annual basis (or other specified timing for payment plans) for the selected services and will be charged to the provided payment method at the rate set by Joshua Villarreal Training LLC for the selected services.

 

• If you wish to cancel a subscription plan, email us at info@joshuavillarreal.com with “Cancellation Request” in the subject line of the email, the email and name on your account, and your reason for cancellation.

• Refunds and reimbursements are not guaranteed to be issued by Joshua Villarreal Training LLC and associated companies. Partial or full refunds for services NOT YET provided may be issued at the discretion of the Business on a case by case basis. Refunds and reimbursements will not be granted for services that have already been provided, for any reason.

• Online Courses and Subscription fees are non-refundable. Refunds will not be granted for any reason, including (but not limited to) the following: 

 

 1. You choose not to access your account, courses, or subscriptions before the expiration of your plan. 

 2. You no longer wish to complete the training or course, for whatever reasons.

 3. You are injured.

 4. Certain content is removed from courses or subscriptions.  

 5. Your account is terminated due to your violation of these Terms of Service or any law.

 

You will continue to have access to content you have paid to access until the expiration of your subscription period unless removed from service access by Joshua Villarreal Training LLC for violations of this agreement. 

• Deposits for Services: Deposits made for training date reservations are non-refundable, but will maintain their value for the amount deposited to be applied towards future purchases at the current rates for services. Credit on deposits must be applied to a new purchase within 1 year of the cancellation date. 

Please contact us at info@joshuavillarreal.com with any questions.

 

Links to Third Party Sites/Third Party Services

Joshuavillarreal.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Joshua Villarreal Training and Joshua Villarreal Training is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Joshua Villarreal Training is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Joshua Villarreal Training of the site or any association with its operators.

 

Certain services made available via Joshuavillarreal.com are delivered by third-party sites and organizations. By using any product, service or functionality originating from the Joshuavillarreal.com domain, you hereby acknowledge and consent that Joshua Villarreal Training may share such information and data with any third party with whom Joshua Villarreal Training has a contractual relationship to provide the requested product, service or functionality on behalf of Joshuavillarreal.com users and customers.

 

No Unlawful or Prohibited Use/Intellectual Property 

You are granted a non-exclusive, non-transferable, revocable license to access and use Joshuavillarreal.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Joshua Villarreal Training that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

 

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Joshua Villarreal Training or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.

 

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Joshua Villarreal Training content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Joshua Villarreal Training and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Joshua Villarreal Training or our licensors except as expressly authorized by these Terms.

 

Use of Communication Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

 

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

 

Joshua Villarreal Training has no obligation to monitor the Communication Services. However, Joshua Villarreal Training reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Joshua Villarreal Training reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

 

Joshua Villarreal Training reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Joshua Villarreal Training's sole discretion.

 

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Joshua Villarreal Training does not control or endorse the content, messages or information found in any Communication Service and, therefore, Joshua Villarreal Training specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Joshua Villarreal Training spokespersons, and their views do not necessarily reflect those of Joshua Villarreal Training.

 

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

 

Materials Provided to Joshuavillarreal.com or Posted on Any Joshua Villarreal Training Web Page

Joshua Villarreal Training does not claim ownership of the materials you provide to Joshuavillarreal.com (including feedback, suggestions, ideas, images, videos, and reviews) or post, upload, input or submit to any Joshua Villarreal Training Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing, or submitting your Submission you are granting Joshua Villarreal Training, our affiliated companies, and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

 

No compensation will be paid with respect to the use of your Submission, as provided herein. Joshua Villarreal Training LLC is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at Joshua Villarreal Training LLC's sole discretion.

 

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

 

Third Party Accounts

You will be able to connect your Joshua Villarreal Training account to third-party accounts. By connecting your Joshua Villarreal Training account to your third-party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third-party sites). If you do not want information about you to be shared in this manner, do not use this feature.

 

International Users

The Service is controlled, operated and administered by Joshua Villarreal Training LLC from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Joshua Villarreal Training Content accessed through Joshuavillarreal.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

 

Indemnification

You agree to indemnify, defend and hold harmless Joshua Villarreal Training LLC, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Joshua Villarreal Training reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Joshua Villarreal Training in asserting any available defenses.

 

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

 

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Joshua Villarreal Training agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

 

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. JOSHUA VILLARREAL TRAINING LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

 

JOSHUA VILLARREAL TRAINING LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. JOSHUA VILLARREAL TRAINING LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL JOSHUA VILLARREAL TRAINING LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF JOSHUA VILLARREAL TRAINING LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

 

 

Athletic Liability Waiver & Hold Harmless Agreement

There are certain inherent risks associated with participating in sports and/or athletic training that cannot be eliminated, whether participating in person or in online courses and memberships. These risks include but are not limited to: (1) minor injuries such as scratches, cuts, bruises and strains; and (2) major injuries such as injuries to the eyes, loss of sight, joint injuries, back injuries, heart attacks, concussions, paralysis and even death. Also included in these risks are the same or similar injuries that might result from using training equipment, actual use of a field or training facilities, the acts of others or from the unavailability of emergency staff or emergency medical care (hereinafter we shall define these risks and potential injuries as “Risks”). These risks will be present in the activities serviced by Joshua Villarreal Training LLC and associated companies.
HAVING READ THIS PARAGRAPH and having an appreciation for and an UNDERSTANDING OF THESE RISKS, you hereby affirm that you and/or your minor’s participation in these activities is voluntary and that you agree on behalf of yourself or your minor to all the following:
1. ASSUMPTION OF RISK On behalf of you and/or your minor, ASSUME ALL THE RISKS THAT MAY OR CAN ARISE OUT OF PARTICIPATING IN ACTIVITIES, INCLUDING BUT NOT LIMITED TO THE ATHLETIC ACTIVITY ITSELF, USE OF THE EQUIPMENT, FIELD OR FACILITIES, ONLINE PROGRAMS AND SERVICES, THE ACTS OF OTHERS OR THE UNAVAILABILITY OF EMERGENCY CARE, as well as those Risks described in the preceding paragraph.
2. INDEMNITY/HOLD HARMLESS On behalf of you and/or your minor and/or our heirs, personal representatives and/or assigns, also agree to indemnify and hold Joshua Villarreal Training LLC and associated companies, as well as their affiliates, parents, subsidiaries, assigns, partners, attorneys, members, employees, independent contractors, shareholders, officers, directors, and agents or any producers, investors, or any other person or entity associated in any way with Joshua Villarreal Training LLC harmless from any and all claims, causes of actions, lawsuits, arbitrations or proceedings as well as from any expenses, judgments, costs, fees, damages, expenses and/or liabilities, including attorneys’ fees incurred in defending or prosecuting any such claims brought against Joshua Villarreal Training LLC and associated companies as the result of my or my minor’s participation in the activities serviced by Joshua Villarreal Training LLC and associated companies.
3. RELEASE/WAIVER On behalf of yourself and/or your minor and/or your heirs, personal representatives and assigns HEREBY RELEASE, WAIVE AND DISCHARGE Joshua Villarreal Training LLC and associated companies from any and all liability associated with or related to you or your minor’s participation in these services or activities and agree NOT TO SUE Joshua Villarreal Training LLC and associated companies for any reason resulting from or associated with participation in the activities. This waiver and release are intended to include all claims for injuries, accidents, illnesses, or property loss, whether known or unknown or anticipated or unanticipated, which are in any way related to or associated with the funded activities.
4. SEVERABILITY On behalf of yourself and/or your minor, understand and expressly agree that this agreement is intended to be as broad and inclusive as permitted by the law of the State for which it is used and that if any portion of this agreement is held invalid, it is agreed that the balance of the agreement shall continue in full force and effect and that whatever portion is held invalid shall be interpreted and construed to afford as much protection to Joshua Villarreal Training LLC and associated companies as permitted by the applicable law.

 

Termination/Access Restriction 

Joshua Villarreal Training reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Arizona and you hereby consent to the exclusive jurisdiction and venue of courts in Arizona in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Joshua Villarreal Training as a result of this agreement or use of the Site. Joshua Villarreal Training's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Joshua Villarreal Training's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Joshua Villarreal Training with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

 

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Joshua Villarreal Training with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Joshua Villarreal Training with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

 

Changes to Terms

Joshua Villarreal Training reserves the right, in its sole discretion, to change the Terms under which Joshuavillarreal.com is offered. The most current version of the Terms will supersede all previous versions. Joshua Villarreal Training encourages you to periodically review the Terms to stay informed of our updates.

 

Contact Us

Joshua Villarreal Training welcomes your questions or comments regarding the Terms:

 

Joshua Villarreal Training LLC

16211 N SCOTTSDALE RD Ste A6A PMB-146

Scottsdale, Arizona 85254

 

 

Email Address:

info@joshuavillarreal.com

 

Telephone number:

623-562-0101

 

Effective as of March 27, 2022