HOTBOX Terms and Conditions
On www.hotbox.fitness, we provide information and promotional materials for our fitness brand, including general industry news, as well as a designated area for you to contact us about our products and services.
Accessing Our Site
Exclusive Ownership Rights
We solely own and control all copyright and intellectual property rights on our Site or have received the permission to use them from other third parties. We do not grant or imply any ownership of the Site to you. You may view the content on the Site on your personal computer or other internet device, and make copies or prints of the content on the Site for your personal, non-commercial use only. You may not otherwise copy, reproduce, distribute or otherwise exploit any content, code, data or materials on the Site. If you make other use of the Site, except as otherwise provided above, you may violate copyright and other laws of the United States and other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trade names, trademarks, service marks or other marks or logos, or those of our partners, without our separate express written agreement. Third-party marks are the property of their respective owners.
Use of the Site
We may enable you to establish an account on the Site with a user name and password. If so, you are responsible for maintaining the strict confidentiality of your account password, and you are responsible for any activity under your account and password. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security; and (b) ensure that you exit from your account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify us when you desire to cancel your account on the Site. We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
Disclaimer of Warranties
All content, materials and services provided on this Site, without limitation, are given on an “as is” and “as available” basis, without warranty of any kind, either express or implied, including, without limitation, any warranty for information, data processing services, uninterrupted access, or any warranties concerning the availability, accuracy, usefulness, or content of information, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. We hereby disclaim any and all such warranties, express and implied. We do not warrant that the Site or the services, content, functions or materials contained therein will be timely or secure or continue uninterrupted or error-free or that defects will be corrected. We make no warranty that the Site will meet users’ requirements. If you should be dissatisfied with the Site, your sole remedy is to discontinue use. You should not rely on the Site to maintain any user data. You should retain all such data and information in your own records for use in the event that the Site fails or is unavailable, or the data or information is lost.
Limitation of Liability
To the fullest extent permissible under applicable law, in no event shall we or any of our directors, officers, or employees, or those of our agents, affiliates, or content or service providers (hereinafter associated entities) be liable for damages of any kind whatsoever including, but not limited to, direct, indirect, special, incidental, consequential, exemplary or punitive arising from, or directly or indirectly related to, your use of or inability to use this Site or its content, materials and functions. Without limitation, no liability shall arise from any loss of revenue or anticipated profits or lost business or lost sales, even if we and/or our associated entities are advised of the possibility of such damages. Some jurisdictions do not allow the exclusions of certain implied warranties, so some of the above exclusions may not apply to you. In such case, the maximum liability of us shall not exceed the amount paid by you for access to this Site. In no event shall we or our associated entities be liable for any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the Site.
Links from our Site
Our Site contains links to other third-party websites maintained and operated by persons and/or companies outside of HOTBOX Fitness. We provide these links for your assistance and information. The existence of a linked website does not constitute an endorsement by us of the website or its content, products, services, advertising or other materials.
You understand and agree that we are not responsible or liable, directly or indirectly, for the availability or content of any linked website – or for any of the goods, services, or advertising available from these sites.
Governing Law; Venue; Fees
The Site is governed exclusively by the laws of the State of Tennessee, without regard to conflict-of-law provisions. In any related action, state and federal courts in Davidson County, Tennessee shall be the sole and exclusive venue, and by using it, you expressly and irrevocably consent and submit to the jurisdiction of such courts, and that such venue is convenient. The prevailing party (on the main issue(s)) is entitled to recover its costs and expenses, including reasonable attorneys’ and expert witness fees, whether an action was commenced or not.
By signing up for and/or attending classes, events, activities, and other programs and using the premises, facilities and equipment (individually and/or collectively, the “Classes and Facilities”) of HOTBOX Fitness and its subsidiaries, you acknowledge that there are certain inherent risks and dangers in cardio kickboxing and exercise equipment in association with the Classes and use of the Facilities. You acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You also acknowledge that the specific risks vary from one activity to another, but range from (1) minor injuries such as scratches, bruises, and sprains; (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions; and (3) catastrophic injuries including paralysis and death.
At all times, you shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to you by staff.
If in the subjective opinion of the HOTBOX Fitness staff, you would be at physical risk using HOTBOX Fitness Classes and Facilities, you understand and agree that you may be denied access to the Classes and Facilities until you furnish HOTBOX Fitness with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing HOTBOX Fitness concerns and stating that HOTBOX Fitness concerns are unfounded.
In the absence of any negligence or other breach of duty by HOTBOX Fitness, you hereby:
(1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to the Classes and Facilities, whether sustained while using exercise equipment or not; and
(2) represent that you:
(a) have no medical or physical condition that would prevent you from properly using any of HOTBOX Fitness Classes and Facilities;
(b) do not have a physical or mental condition that would put you in any physical or medical danger; and,
(c) have not been instructed by a physician to not participate in physical exercise. You acknowledge that if you have any chronic disabilities or conditions, you are at risk in using HOTBOX Fitness Classes and Facilities, and should not be participating in any Classes.