OUR SERVICES MAY OFFER HEALTH, WELLNESS, FITNESS AND NUTRITIONAL INFORMATION, FEATURES, FUNCTIONALITIES, SERVICES AND CONTENT MADE AVAILABLE THEREIN, INCLUDING WITHOUT LIMITATION ANY ADVICE, INFORMATION, WORKOUTS, EXERCISES, REGIMENS, NUTRITIONAL PLANS, RECIPES OR OTHER MATERIALS (“FITNESS FEATURES”) DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON OUR SERVICES. WE ADVISE YOU TO SEE YOUR PHYSICIAN ON A REGULAR BASIS AND TO SEEK THEIR ADVICE PRIOR TO ENGAGING IN ANY FITNESS OR NUTRITION REGIMEN OR IF YOU HAVE ANY QUESTIONS OR CONCERNS REGARDING YOUR HEALTH AND FITNESS REGIMEN OR FOR THE DIAGNOSIS OF SPECIFIC MEDICAL CONDITIONS. COMPANY IS NOT LIABLE OR RESPONSIBLE FOR ANY CONSEQUENCES OF YOU HAVING READ, USED OR RELIED UPON ANY FEATNESS FEATURES. YOU SHOULD BE IN GOOD HEALTH AND HAVE NO DISABILITY, IMPAIRMENT, INJURY, DISEASE OR AILMENT PREVENTING YOU FROM ENGAGING IN ACTIVE OR PASSIVE EXERCISE OR WHICH WOULD CAUSE INCREASED RISK OR INJURY OR ADVERSE HEALTH CONSEQUENCES AS A RESULT OF USING SUCH FEATNESS FEATURES, AND YOU HEREBY ASSUME ALL RISKS ASSOCIATED WITH USING SUCH FEATNESS FEATURES. THE USE OF ANY INFORMATION PROVIDED THOUGH OUR SERVICES IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON OUR SERVICES OR AVAILABLE THROUGH ANY THIRD-PARTY MEDIA SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE.

YOU ACKNOWLEDGE AND AGREE THAT YOUR DECISION TO RELY ON AND/OR USE ANY FITNESS FEATURE WE OFFER IS AT YOUR SOLE RISK, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY AND DEATH, ARISING OUT OF OR RELATED TO YOUR RELIANCE ON OR USE OF ANY FITNESS FEATURE.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if You breach these Terms and Conditions.

You may terminate Your Account, at any time, for any reason, by following the instructions on the “My Account” page or by contacting Your local Club directly via phone or email. We may terminate Your account or membership at any time, without notice, if you breach these Terms.

All the provisions of these Terms that either expressly or by their nature extend into the future, including, without limitation, termination; survival; assignment; intellectual property rights; governing law and choice of forum; indemnification; and limitation of liability.

Limitation of Liability

Pursuant to these Terms and Conditions, the collective liability of Company, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors (collectively, “Company”) for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages arising out of or in connection with any problems or dissatisfaction with Our Website and/or Apps, including, without limitation, loss of profit or income, pain and suffering, emotional distress, or similar damages (regardless of the form of action, whether in contract, tort, or otherwise), even if Company has been advised of the possibility of such damages, shall not exceed ten US Dollars ($10).

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

Indemnity

You agree to release, defend, indemnify and hold Company, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (hereinafter      referred to as the “Indemnified Parties”) harmless from all third-party claims, liabilities, losses, damages, demands, complaints, actions, judgements, settlements, fines, penalties, costs and expenses (including without limitation reasonable attorneys’ fees) (“Claims”), arising out of or related to: (1) Your use of Our Services; (2) Your conduct or interactions with other users of Our Services; (3) Your failure to comply with these Terms or with any applicable law, rule or regulation; (4) your infringement, misappropriation or violation of the Our Website, Apps, and/or IP or of any third party’s intellectual property right; or (5) any activity occurring by or through Your Account, whether taken by You or another person accessing or using Your Account, with or without authorization. We will use reasonable efforts to notify You of any such Claim, action or proceeding, and will provide You (at your expense) with reasonable assistance in defending the Claim.  Any failure to provide You with notice shall not limit Your indemnification obligations unless You can establish actual prejudice resulted from such failure. Company reserves the right, at Your expense, to assume the exclusive defense and control of any Claim, action or proceeding for which You are required to provide indemnification, and You agree to cooperate with Us in defending against those Claims. You may not settle any claims, actions or proceedings for which You are required to provide indemnification, without Company’s prior written consent to that effect.

Information You Provide

You may not post, send, submit, publish, or transmit in connection with Our Website and Apps any Content that:

• You do not have the right to post, including, without limitation, proprietary material of any third party;
• Advocates illegal activity, incites violence, or discusses an intent to commit an illegal act;
• Is vulgar, obscene, pornographic, or indecent;
• Threatens or abuses others, libels, defames, invades privacy, and stalks;  
• Is racist, abusive, harassing, threatening or offensive;
• Seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
• Infringes any intellectual property or other right of any entity or person, including, without limitation, violating anyone’s copyrights or trademarks or their rights of publicity;
• Violates any law or may be considered to violate any law;
• Impersonates or misrepresents Your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the Content;
• Advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services), except as may be specifically authorized on Our Website;
• Solicits funds, advertisers, or sponsors;
• Includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
• Disrupts the normal flow of dialogue, causes the screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other users to engage in real time activities via this Website;
• Disobeys any policy or regulations established from time to time regarding the use of Our Website and/or Apps or any networks connected to Our Website and/or Apps; or
• Contains hyper-links to other websites containing content that falls within the descriptions set forth in this section (collectively, “Unauthorized Content”).

The above list of Unauthorized Content is not exhaustive and may be updated from time to time by Company without any prior notice. It is Your responsibility to check the list of Unauthorized Content before posting, sending, submitting, publishing, or transmitting any content in connection with this Website.

Although under no obligation to do so, Company reserves the right to monitor the use of Our Website to determine compliance with these Terms and Conditions, as well as the right to remove or refuse posting any information for any reason. Notwithstanding these rights, you remain solely responsible for the Content You submit.

Non-Harassment

Company is a non-harassment institution, and strongly disapproves of any unwelcomed, inappropriate and/or offensive conduct by its personnel or its members.  If You believe You have been subject to unwelcomed, inappropriate, and/or offensive conduct by any Company personnel, We encourage you to clearly and promptly notify the person engaging in such conduct (if you are comfortable doing so). We also ask that you promptly notify a member of Company’s Client Experience Team at info@theoutsiderboxing.com

When reporting Your complaint, please provide as much specific information as possible in writing, including the following regarding each alleged incident: date, time, place (specify Club’s location and time/type of training), names of any witnesses, detailed description of the incident, and any other relevant surrounding facts/circumstances.

Company will appropriately investigate the reported incidents and use its best efforts to provide due process for all parties.  Company will use its best efforts to maintain confidentiality throughout the investigative process to the extent practicable.  Notwithstanding anything to the contrary in these Terms, Company’s duty to investigate and take corrective action as appropriate may require the disclosure of certain confidential information, and therefore confidentiality cannot be guaranteed.

Any disputes or complaints not resolved via this complaint process will be subject to the Arbitration procedures set forth below for all such complaints.

Agreement Not To Record Any  Live In-Club/Online Classes

You understand and acknowledge that any type of recording or transmission (e.g., video, audio, still photography, streaming, social media posting, etc.) of any live Company’s training classes or activities, whether in-person or online, is strictly prohibited without the prior written consent of an authorized representative of the Company. Company’s employees, instructors, or coaches are not authorized to provide consent under this section. The agreement not to record includes even a temporary live recording/ transmission of Company’s online class via any online platforms or social media, such as Facebook, Instagram, SnapChat, Zoom, or Telegram. You are, however, permitted to record and post lawful, non-offensive content related to Your participation in a Company’s online or in-Club class before and/or after a class with the consent of each participant to be identified in Your content.

Any violation of this agreement not to record is grounds for exclusion from participation in any Company’s activities.  You further agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and instructors, from and against any claims, lawsuits or other actions, and all loss, damage or cost of any kind (including reasonable attorneys’ fees), arising out of or related to Your violation of this section.

Dispute Resolution

Email Us at info@theoutsiderboxing.com to address any concerns You may have regarding Your use of Our Services. Most concerns may be quickly resolved without resorting to formal dispute resolution mechanisms. You and Company agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating any arbitration proceedings.

These Terms and Conditions, Our Privacy Policy, and Cancellation, Return, and Refund Policy (“Agreements”) shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles. Any dispute arising out of, concerning, or involving the interpretation, construction, or meaning of any provision of these Agreements that is not resolved through negotiation shall be submitted to arbitration in Los Angeles County, California, in accordance with the commercial rules of the American Arbitration Association. Parties shall use their best efforts to promptly schedule and conduct the hearings before such arbitrators, with a view toward concluding such arbitration proceedings not later than ninety (90) days from the first submission of the dispute to arbitration. Parties hereby agree that an arbitrator duly appointed to resolve disputes between them as per this Agreement or appointed by a court shall have the authority to stay any and all enforcement proceedings commenced in any court. In connection with any arbitration pursuant to this section, the arbitrators shall award to the prevailing party all of its arbitration costs and expenses. “Costs and expenses” shall mean all reasonable pre-award and post-award expenses, including, without limitation, witness fees, reasonable attorneys’ fees, all fees of the arbitrators, and the cost of any transcripts, based upon and taking into account the arbitrators’ determination of the merits and good faith of the parties’ claims and defenses in the subject proceeding. Any award shall be final and not subject to appeal, and parties hereby waive all challenge to any award by the arbitrators under this section. The decision of the arbitrators shall be final and binding and may be presented for enforcement in any court of competent jurisdiction. In any such enforcement action, irrespective of where it is brought, parties will not (and hereby waive any right to) seek to invalidate or modify the decision of the arbitrators or otherwise to invalidate or circumvent the procedures set forth in this section.

Class Action and Class Arbitration Waiver. You acknowledge and agree that You may only resolve disputes with Us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, Class actions, private attorney general actions, and consolidation with other arbitrations (collectively, “Class Actions”) aren’t allowed. The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration. You and Company each hereby expressly waive Your respective right to file a Class Actions or seek relief on a class basis.  If any court or arbitrator determines that the Class Action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and You and Company shall be deemed to have not agreed to arbitrate disputes.

Small Claims Court Claims.  Notwithstanding Your and Company’s agreement to resolve all disputes through arbitration, either You or Company may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

California Private Attorneys General Act (PAGA) Action.  Notwithstanding Your and Company’s agreement to resolve all disputes through arbitration, either You or Company may seek relief in a court of law for a claim arising under California’s Private Attorneys General Act.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.    

Severability

If any clause within the Terms and Conditions (other than the Class Action waiver clause above) is found to be illegal or unenforceable, that clause will be severed from the Terms and Conditions, and the remainder of these Terms and Conditions will be given full force and effect. If the Class Action waiver clause is found to be illegal or unenforceable, the dispute will be decided by a court of competent jurisdiction.

Miscellaneous

These Terms and Conditions constitute the entire agreement among Company and its users relating to the subject matter thereof. Notwithstanding the foregoing, any additional terms and conditions, such as our Privacy Policy and other disclosures, on Our Services will govern the items to which they pertain.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms and Conditions at any time. By continuing to access or use Our Services after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using Our Services.