Website Terms of Use
Last Updated: January 29, 2025
These Terms of Use ("Terms") are a legal agreement between you and Sigma Martial Arts, LLC ("Sigma," "we," "us"). They govern your access to and use of sigma-ma.com (the "Website"). By using the Website, you agree to these Terms. If you do not agree, do not use the Website.
1. Who May Use the Website
The Website is intended for users who are 18 years of age or older. If you are under the age of 18, you may use the Website only with the involvement, consent, and supervision of a parent or legal guardian. By allowing a minor to access or use the Website, the parent or legal guardian represents and warrants that they have reviewed and agreed to these Terms on the minor’s behalf and agree to be fully responsible for the minor’s use of the Website, including any acts or omissions. By using the Website, you represent that you are legally capable of entering into a binding contract under Massachusetts law, or that you are a parent or legal guardian providing lawful consent on behalf of a minor.
Sigma does not knowingly collect personal information from children under the age of 13 except as permitted by applicable law, including the Children’s Online Privacy Protection Act (COPPA). If you believe that information from a child under 13 has been collected without proper consent, please contact us so we can take appropriate action.
2. Changes to These Terms
We may update these Terms from time to time. Changes are effective when posted. Your continued use of the Website after changes are posted means you accept the updated Terms.
3. Privacy
Your use of the Website is subject to our Privacy Policy, which explains how we collect and use information. By using the Website, you agree to the Privacy Policy. If there is any conflict between these Terms and the Privacy Policy, the Privacy Policy shall control with respect to all matters involving personal data, privacy rights, data security, and information handling.
4. Access to the Website
We may change, suspend, or discontinue any part of the Website at any time without notice. We are not responsible if the Website is unavailable for any reason. If you create an account, you agree to provide accurate information and to keep your login credentials confidential. You are responsible for all activity under your account.
5. Acceptable Use
You may use the Website only for lawful purposes. You agree not to:
Violate any applicable law or regulation
Interfere with the operation or security of the Website
Attempt to access information or systems not intentionally made available
6. Intellectual Property
All content on the Website (text, images, logos, videos, software, and other materials) is owned by Sigma or its licensors and is protected by copyright and trademark laws. We grant you a limited, non‑exclusive, non‑transferable, revocable license to use the Website for personal, non‑commercial purposes. No ownership rights are transferred. You may not copy, modify, distribute, sell, or create derivative works from Website content without our prior written permission.
7. Educational Information Only
The Website provides general educational and informational content only. It does not provide legal, medical, financial, tax, or professional advice. You are responsible for deciding how to use the information and for seeking professional advice when appropriate.
8. No Guarantees
We do not guarantee any specific results from using the Website or any content, programs, or resources. Results depend on many factors beyond our control.
9. Electronic Communications
By using the Website or contacting us electronically, you consent to receive communications from us electronically. Electronic communications satisfy any legal requirement that communications be in writing.
10. User Content and Submissions
If you submit comments, feedback, or other content to us, you grant Sigma a royalty‑free, perpetual, worldwide license to use, display, and distribute that content in connection with our business. You confirm that you have the right to submit such content.
11. Third‑Party Links
The Website may contain links to third-party websites, platforms, tools, or services that are not owned or controlled by Sigma (“Third-Party Sites”). These links are provided solely for convenience and do not constitute endorsement, sponsorship, approval, or affiliation. Sigma does not control and assumes no responsibility for the content, accuracy, availability, policies, security, or practices of any Third-Party Sites. Your access to and use of Third-Party Sites is entirely at your own risk and subject to the terms and policies of those third parties. To the maximum extent permitted by applicable law, Sigma disclaims all liability for any damages, losses, claims, injuries, or harm arising out of or relating to your access to, reliance on, or use of any Third-Party Site or service, even if linked from the Website.
12. Paid Programs and Free Resources
Any paid courses, programs, services, or free downloadable materials made available through the Website (collectively, the "Programs") are licensed to you for your personal or internal business use only. You may not resell, sublicense, share, distribute, or create competing products or services based on the Programs without Sigma’s prior written consent. The Programs are provided “as is,” “as available,” and “with all faults.” Without limiting Section 13 (Warranty Disclaimer), Sigma makes no representations or warranties of any kind, express or implied, regarding the accuracy, completeness, reliability, suitability, or fitness for any particular purpose of the Programs or any information contained therein. You acknowledge that the Programs may contain errors, omissions, or outdated information and agree that your use of the Programs is at your sole risk.
You agree that any violation of this Section 12 would cause irreparable harm to Sigma for which monetary damages would be inadequate. Accordingly, in addition to any other remedies available at law or in equity, Sigma shall be entitled to seek injunctive relief, specific performance, and other equitable remedies without the requirement to post a bond or prove actual damages.
13. Warranty Disclaimer
THE WEBSITE, ALL CONTENT, AND ALL SERVICES OR MATERIALS PROVIDED THROUGH THE WEBSITE ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SIGMA DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON‑INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, SIGMA DOES NOT WARRANT THAT: (A) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR‑FREE; (B) DEFECTS WILL BE CORRECTED; (C) THE WEBSITE OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) ANY RESULTS, OUTCOMES, OR BENEFITS WILL BE ACHIEVED THROUGH USE OF THE WEBSITE OR CONTENT.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SIGMA OR THROUGH THE WEBSITE CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SIGMA, ITS OWNERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR LOSS OF USE, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF (OR INABILITY TO USE) THE WEBSITE OR ANY CONTENT, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE FOREGOING, SIGMA’S TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THE WEBSITE OR THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT, IF ANY, PAID BY YOU TO SIGMA FOR ACCESS TO THE WEBSITE DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
THE LIMITATIONS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND SHALL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
15. Indemnification
You agree to defend, indemnify, and hold harmless Sigma and its owners, managers, officers, employees, agents, contractors, and affiliates from and against any and all claims, demands, causes of action, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your use of or access to the Website; (b) your violation of these Terms or any applicable law or regulation; (c) your infringement or misappropriation of any intellectual property or other rights of any third party; or (d) any content or materials you submit, post, or transmit through the Website.
Sigma reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to fully cooperate with Sigma in asserting any available defenses. Your indemnification obligations shall survive termination of these Terms and your use of the Website.
16. Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
a. Mandatory Binding Arbitration. Except as expressly provided below, any dispute, claim, or controversy arising out of or relating to the Website, these Terms, your use of the Website, or your relationship with Sigma (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) shall be resolved exclusively by final and binding arbitration, rather than in court. The arbitration shall: (i) be conducted by a single, neutral arbitrator; (ii) take place in Boston, Massachusetts, unless Sigma elects otherwise; and (iii) be administered under the Commercial Arbitration Rules of the American Arbitration Association (AAA) then in effect, as modified by this Section. The arbitrator shall have exclusive authority to resolve all disputes relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or part of these Terms is void or unenforceable. The arbitrator may award only such relief as is permitted by applicable law and may not award relief on a class, collective, or representative basis. Sigma may elect, in its sole discretion, to advance or pay arbitration filing and administrative fees, or require arbitration to be conducted remotely, based solely on written submissions, or on an expedited basis. Each party shall bear its own attorneys’ fees unless otherwise required by applicable law.
b. Waiver of Class and Representative Actions. YOU AND SIGMA AGREE THAT ALL CLAIMS MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY ONLY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION OR PROCEEDING. The arbitrator shall not consolidate more than one person’s claims and shall not preside over any form of class or representative proceeding.
c. Jury Trial Waiver. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND SIGMA EACH KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY in any action, proceeding, or counterclaim arising out of or relating to the Website or these Terms, whether in arbitration or in court.
d. Exceptions. Notwithstanding the foregoing, Sigma retains the right to seek injunctive or equitable relief in a court of competent jurisdiction to protect its intellectual property, confidential information, or proprietary rights.
e. Survival. This Dispute Resolution section shall survive termination of these Terms and your use of the Website.
17. Governing Law
These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to conflict‑of‑law principles.
18. Termination
We may suspend or terminate your access to the Website at any time, for any reason, without notice.
19. Severability and Entire Agreement
If any provision is found unenforceable, the remaining provisions remain in effect. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Sigma regarding the Website.
20. Contact Information
If you have questions about these Terms, contact:
Sigma Martial Arts, LLC
28 High Street, Medford, MA 02155
Email: info@sigma-ma.com