Terms and Conditions

Welcome to http://www.boxingstrong.com (‘Website’). This Website is owned and operated by Boxing Strong™. This Website was created for entertainment, educational and commercial purposes. 

By visiting and/or using our website and accessing the information, resources, services, and products we provide, you understand and agree to abide by all applicable laws and to these terms and conditions (“Agreement”), as well as our Privacy Policy. Please review this Agreement carefully and save it. If you disagree with it, you should leave the Website immediately and stop the use of Services immediately. To enroll in membership of any sort, you must read and acknowledge this Agreement and state your acceptance upon registration. If you have comments, inquiries, or problems with this Website, please contact us: info@boxingstrong.com

This agreement is in effect as of December 19, 2018.

We reserve the right to modify this Agreement occasionally without notice. You must acknowledge and comply with the responsibility of reviewing this Agreement periodically to ensure you are aware of the latest revisions. By browsing this site after the modifications take place, you acknowledge and agree to the modified Agreement. 

General Terms

This Website allows users to learn about Boxing Strong™, opt in email communications, interact with the trainers/coaches, reserve and pay for services and products offered. The services obtainable from Boxing Strong™ consist, not exhaustively, on the https://boxingstrong.com website, which is hosted in the United States of America. This Agreement puts across legally binding terms of your use of Boxing Strong™ Services. By using these Services, you agree to be bound by the terms of this Agreement, as either a “Visitor”(any browser of the Website) or as a “Member”(any purchaser of one or more services or products on the Website). The term “User” constitutes for both Visitor and/or Member. You can only use Boxing Strong™ Services if you agree to comply with all applicable laws and the terms outline in this Agreement. 

Third Party Websites 

This agreement applies to all Users of the Boxing Strong™ website. The Website contains links to other websites not owned or managed by Boxing Strong™. No assumptions should be made or inferences about connection of Boxing Strong™ to these websites. Boxing Strong™ does not operate, manage or control these websites. Boxing Strong™ assumes no responsibility for the content, practices, privacy policies, or services of any third-party websites, including data collection practices. We cannot censor or edit the content of any third party website, linked to or affiliated with Boxing Strong™. By using the website, you explicitly release Boxing Strong™ from any and all liability resulting from your use of any 3rd party website. If you visit any other website, you should acknowledge and accept their individual Terms of Use, independent of this Agreement.

Access, Use, and Conduct

The Website and all materials and features herein, including but not limited to text, imagery, design, graphics, photos, sounds, videos, illustrations, interactive structures, and other content, and the copyrights (collectively, the “Contents”), and the trademarks, service marks, logos and/or any other intellectual property in such materials, are owned, controlled, or licensed by Boxing Strong™, subject to trademark, trade dress, copyright and other intellectual property rights under the applicable governing laws.

The Website and the Contents are intended solely for personal use and may not be exploited for any other purpose, including non-commercial use. Anything you copy or download from the Website may only be used for your personal use. You acknowledge and agree that no right, title, or interest in any downloaded Content is granted to you when you download or copy any of the Contents. Boxing Strong™ reserves all rights not expressly granted in the Website content. You are not authorized to copy, replicate, publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Website.

You may visit and use our website, as well as access the information, services, products and other resources (collectively, “Resources”) we offer. You agree to use only aforementioned Contents and Resources solely for purposes intended which abide to the terms of this Agreement and all applicable laws and regulations. Boxing Strong™ reserves the right to discontinue, remove partially or entirely, temporary or permanently, any part or whole of the Website at any time.

By using our Website, you acknowledge and agree to the following:

- For the use of the website and its tools and resources, we may ask for your information. You may be asked to provide personally identifiable data, such as your name, email, telephone, address, credit card number, billing address, and other details. This information may be required for electronic transactions and communication through our website. You agree to provide correct, accurate, and current information to be able to use the Website and its services.

- If you are creating a personal account, you bear responsibility of keeping confidential your login information and any other information associated with that account. Additionally, you are fully responsible for any and all of the activity taking place under that account.

- Any inquiry, message, or other written correspondence you submit becomes the sole property of Boxing Strong™ and may be used for any purposes Boxing Strong™ sees fit, including but not limited to copying, modifications, distribution, publishing, etc.

- Gaining access (or seeking to obtain access) to any of the tools or services offered by means other than the ones we provide for public use is strictly prohibited and illegal. You expressly agree to comply with this Agreement; therefore, you shall not access or attempt to access this website and/or any of the Services, tools or resources through any unethical, alternative, unorthodox, automated, or illegal means.

- You may not use any automated programs, algorithms or technologies, such as page-scrape, deep-link, spider, robot, crawl, index, Internet agent, etc., in order to access (or attempt to gain access), copy, capture data, generate impressions, input data, store data, search, generate searches, or monitor any part of the Boxing Strong™ website.

- Taking any part in any activity that may disrupt or interfere with our Services, tools and resources, including but not limited to the servers, networks, website hosting or domain entities, and/or third party services we utilize to serve our customers is expressly and explicitly prohibited.

- The duplication, reproduction, distribution by any means, such as email, fax, mobile or other electronic transmission, etc., publication, alteration, copying, transmitting, selling or trading of any material, tools or services from this Website is expressly and strictly prohibited. The material protected by this prohibition includes without limitation any text, font, links, link buttons, wallpaper, themes, merchandise, imagery, stills, logos, design, graphics, audio, video, visual representations available on this Website. This prohibition also covers generating any form of work or material that is based or sourced from any of the materials, tools or services in this Website. This prohibition remains in effect regardless of the purpose of the derivatives, whether it is commercial, public use, or free personal use.

- You accept full responsibility for any losses, damages, legal or other consequences we may incur directly or indirectly as a result of any prohibited activity you performed, as described above, and may endure any legal or civil obligation, charge and/or liability.

This Website may offer tools for open communication, available for public view. You understand and agree to use these tools in ethical and responsible manner, as user-generated content or any form of public communication is not pre-screened, monitored or censored. By using our open communication tools, you agree that you will not post, upload, share, distribute or produce any content that:

-does not comply with this User Agreement;

- is illegal, abusive, offensive, defamatory, harmful, objectionable, inaccurate, intimidating, fraudulent, deceptive, invasive, racially offensive, or contains inappropriate, explicit or suggestive language;

• violates any trademark, patent, copyright, service mark, or any intellectual property of Boxing Strong™ or any other 3rd party;
• contains unsolicited advertising or any other commercially stimulated content;
• impersonates any entity or identity, including any Boxing Strong™ representatives, staff or affiliates.

We waive responsibility for the delay or failure in removing such content. You consent to our rights of removal of the provided content and waive any claim against Boxing Strong™. We reserve the right to remove any content that we feel may violate our policies, this Agreement, or falls directly or indirectly into any of the categories of prohibited content listed above.

This Website and any of its Contents do not constitute medical advice. Prior to exercising, you should consult with your primary care physician. Boxing Strong™ and any of its staff or affiliates are not responsible for any health or medical condition that may result from participating in any physical or athletic training. When experiencing pain or discomfort, you should discontinue that activity and seek medical assistance.

Ability to Consent

To be able to consent to this Agreement, you must be 18 years of age, or an emancipated minor, and are fully capable to understand to accept the terms, conditions, obligations, affirmations, representations, and warranties stated in this Agreement, and to comply with these Terms of Service. Boxing Strong™ Website, including any information, services, and mobile applications and services are not intended for use by children under 13. Children under 13 are not allowed to join this website for any purpose whatsoever. 

Indemnification

You agree to defend, indemnify, and hold Boxing Strong™, including all its affiliates, staff, agents and members, harmless from and against any and all liabilities, damages, claims, costs and expenses, including attorneys’ fees, due to your use of the Website and Mobile Services, and/or your breach or alleged breach of any representation, warranty, copyright, trademark, service mark or other provision of this Agreement. 

Copyrights/Trademarks 

All content and materials contained on this site, including but not limited to text, imagery, design, domain naming (website name), HTML code, logos, name, and design of the company, icons, favicon, trademarks, service marks, trade names, trade dress and other identifying characteristics are the intellectual property of http://www.boxingstrong.com (Boxing Strong™), and are protected by applicable copyright and trademark laws and regulations. The Boxing Strong’s trademarks and trade dress may not be used, including any variation and/or purpose in any manner that can potentially cause confusion, and may not be replicated, copied, imitated, or used in whole or in part without explicit and written permission of Boxing Strong™.

Limitation of Liability

You understand and agree that in no event shall Boxing Strong™ or its affiliates, agents, staff of ambassadors be liable for any direct, indirect, incidental, special or consequential loss or damages incurred by you, out of or in any way related to the use of the Website or the services and tools available through the Website, whether based on contract, warranty, strict liability or otherwise, even if advised of the possibility of such possible damages. 

Some state laws do not allow limitations on implied warranties or the exemption of liability for certain damage or loss. Should any of such laws be applicable to you, entire or partial above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights. However, under no circumstances whatsoever shall Boxing Strong’s cumulative liability incurred from or relating to your use of the Website exceed five dollars ($5.00). 

Disclaimer of Warranties

You agree and acknowledge, by your use of the Website and any material contained on this Website, that such use is at your sole risk. 

The Website and all content, resources, materials, tools, products and services available through the Website are provided on an “as is, with all defects” and “as available” basis without any warranty or condition, express, implied or statutory, including without limitation, warranties of title, non-infringement, and implied warranties of merchantability, fitness for any particular purpose, acceptable quality, correctness of informational content, and any warranties arising out of or related to any course of usage or performing of trade. Boxing Strong™ makes no representation that the Website, its content, resources, tools and materials and functions of the Website will be uninterrupted; that the Website is timely, secure, free from errors, viruses, bugs, or other harmful components or that the Website is accurate or reliable. 

Boxing Strong™ makes no representation or warranty that any of the Website content is applicable or appropriate for use in location outside of the United States. Nothing in this Agreement, Privacy Policy or other oral or written description constitutes any representation, warranty or liability. You agree that Boxing Strong™, its agents, owners, staff and ambassadors, is not liable for any errors, inaccuracies, delays, failures, omissions, deletions, defects, viruses, bugs, theft, destruction, damage or unauthorized access to your electronic device, system, or network. You agree that Boxing Strong™ is not liable for any damages or losses, including without limitation, direct, incidental, special, consequential or punitive damages, related to or arising from your use or from your inability to use this Website. 

Site Transactions

Boxing Strong™ reserves the right to refuse any booking, reservation or order you place with us. We may, in our sole discretion, cancel or limit quantities obtained per person, per household or per transaction. These restrictions may include transactional activities performed by or under the same customer, credit card, and/or activities using the same billing and/or shipping address. Should we edit or modify or cancel your transactional activity, we will attempt to notify you by the means provided during the order (email, billing address or phone number). We reserve the right to limit or prohibit orders or transactions that we feel may have been placed by distributors, scammer, dealers or other non-direct customers.

Right to Change Website

Boxing Strong™ reserves the right, at any time in its sole discretion, to: edit, modify, pause or discontinue this Website or any offered through this Website resource, service, content, tool, material or product, with or without notice; charge fees in connection with the use of the Sites; change and/or waive any fees charged in connection with the Sites; and/or offer opportunities to some or all users of the Sites. You acknowledge and agree that Boxing Strong™ shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website, or any of its resources, services, contents, tools, materials, features or products offered on the Website. 

Termination 

Boxing Strong™ reserves the right to terminate your access to all or part of this Website and any materials, tools, services or resources at any time without notice for any reason, including but not limited to your failure to comply with any term or provision of this Agreement, any applicable law, rule or regulation or conduct that Boxing Strong™ deems unacceptable. Any obligations and liabilities incurred prior to the termination will remain in effect and shall be fully executed by you.

Governing Law; Jurisdiction

Boxing Strong™ website and Mobile Services are based, controlled and operated from based in California, U.S.A. http://www.boxingstrong.com website and Mobile Services are considered a passive website that does not give rise to personal jurisdiction over Boxing Strong™ in any jurisdiction except California. By accessing this Website, you agree to the laws and legal statues of California, without respect to its conflict of law principles. All claims or disputes between you and Boxing Strong™ that may arise partially or wholly from the use of this Website will be governed by a court or applicable jurisdiction in Monterey, California. You waive all defense of lack of personal jurisdiction, inconvenient forum, or venue objections and agree to personal jurisdiction by the state and federal courts. You and Boxing Strong™ agree that any cause of action that incurred from or related to the use of this Website must commence within one (1) year after the cause of action occurs. Outside of that time-frame, such cause of action is permanently and expressly prohibited.

Binding Arbitration

Any and all disputes arising out of or in connection to the use of the Website that cannot be resolved between parties, shall be subject to binding arbitration as a sole and exclusive remedy forum on an individual basis. No other claim can be involved, accompanies or consolidated as collective or representative action. This arbitration must be conducted in Monterey County, California, confidentially, pursuant to the Federal Arbitration Act. Any resolution of such arbitration shall be documented in writing and will provide full length of justification of its award, assessment of costs, damages and attorney fees. A court of applicable jurisdiction may confirm this arbitration award. 

You acknowledge and agree that this Agreement, Privacy Policy and other waivers listed on the Website under agreements/liability may be assigned by Boxing Strong™ in its discretion    

under different headings, which are referencing content only and do not define, limit, describe, or construe the scope of each paragraph under those headings. 

In the event that either party has in any manner infringed upon or violated or attempted to infringe upon or violate the other party’s patent, copyright, trademark, service mark or trace secret rights, or you have directly or indirectly violated any of the User conduct rules as described in Access, Use and Conduct, then the parties acknowledge that the arbitration does not fall under adequate remedy at law and that injunctive or other applicable remedy may be sought.