TERMS OF SERVICE
Last Updated: July 27, 2017
These Terms of Service constitute a legally binding agreement (“Agreement”) between you and Gloveworx USA, LLC (“Gloveworx,” “we,” “us” or “our”) governing your use of the website located at URL http://www.gloveworx.com and services therein (collectively, the “Site”).
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE CONTINUING TO USE THE SITE. YOUR USE OF THE SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY, AND ARE BECOMING A PARTY TO, THIS AGREEMENT. IN ADDITION, WHEN YOU CHECK THE “AGREE WITH THE ABOVE TERMS” AND CLICK “CREATE AN ACCOUNT” ON OUR SIGN-UP PAGE TO USE OUR ONLINE STORE & SCHEDULER, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT AND ANY ADDITIONAL TERMS ON SUCH PAGE. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THIS SITE. IN ADDITION, IF YOU DO NOT AGREE WITH THE ADDITIONAL TERMS ON OUR SIGN-UP PAGE DO NOT CHECK THE “AGREE WITH THE ABOVE TERMS” OR CLICK “CREATE AN ACCOUNT” AND DISCONTINUE YOUR REGISTRATION TO USE THE OUR ONLINE STORE & SCHEDULER.
We reserve the right, at our sole discretion, to change or modify portions of this Agreement at any time without further notice. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree to abide by these or any future Terms of Service, do not use or access (or continue to use or access) the Site.
ONLY PERSONS OF LEGAL AGE CAN ACCEPT THIS AGREEMENT AND CREATE AND/OR AUTHORIZE AN ACCOUNT TO USE THE SITE.
By using the Site to schedule any physical training services and/or order physical training products, you assume all risks associated with participating in or engaging in Gloveworx programs/sessions or using products purchased on the Site in any physical training or activity and accept full responsibility for any injury or death that may result.
Access and Use of the Site
The Site provides general information about our physical training sessions and tools for scheduling and purchasing group or private lessons and purchasing related products, such as apparel, boxing gear and accessories. Users browsing the Site do not need to register to access general information about our services and products, but must register and create an account in order to access and use our online store and scheduler. If you choose to register for the Site, you agree to provide true, accurate, and complete information about yourself as prompted by the registration form. You may alternatively choose to login using your Facebook credentials.
User Account, Password and Security
You are responsible for maintaining the confidentiality of your Site password and are fully responsible for any and all activities that occur under your email and password or Facebook login credentials, as applicable. You agree to (a) immediately notify Gloveworx of any unauthorized use of your email and password, Facebook login credentials or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Site. Gloveworx will not be liable for any loss or damage arising from your failure to comply with this Section.
Use of Site
Subject to your performance of all of the provisions of this Agreement Gloveworx hereby grants you, a limited, terminable, personal, non-exclusive license to access and use the Site solely as provided herein. Notwithstanding anything to the contrary herein, all rights not specifically granted in the license set forth above shall be reserved and remain always with Gloveworx. Your right to use the Site is not transferable. You will use the Site in accordance with all applicable laws. Gloveworx may, without notice, terminate your access to the Site or take other actions as are reasonably necessary to comply with legal requirements and as necessary to protect Gloveworx’ networks, information and the security and integrity of the Site or if we determine that you are misusing the Site or otherwise violating the terms of this Agreement.
Conditions of Use
You agree to not use the Site to: (a) interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; (b) violate any applicable local, state, national or international law, or any regulations having the force of law; (c) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) harvest or collect email addresses or other contact information from the Site by electronic or other means for any purpose, including, but not limited to, the purposes of sending unsolicited emails or other unsolicited communications; (e) further or promote any criminal activity or enterprise or provide instructional information about illegal activities; (f) obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Site; or (g) cause any third party to engage in the restricted activities above.
If you are using the Site to purchase physical training sessions or related apparel, boxing gear and accessories, you agree to pay the amounts charged for such purchases (“Charges”). You are responsible for all Charges incurred under your account regardless of your awareness of such Charges or the amounts thereof. Charges may be facilitated through a third-party payment processing service which Gloveworx may replace without notice to you.
Obligation to Pay Chares.
When you use the Site to purchase physical training sessions or related apparel, boxing gear and accessories you will be directed to our online store for fulfillment of the applicable Charges. You hereby represent and warrant that (i) the credit card and banking information supplied to us is true, correct and complete, (ii) payments for Charges made by you will be honored by your credit card company or depositary financial institution, as the case may be, and (iii) you shall pay for all Charges made under your account credentials using the Site.
Intellectual Property Rights
You acknowledge and agree that the Site contains content, tools and features (“Content”) are protected by intellectual property rights, including, as applicable, copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Gloveworx, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Content, in whole or in part. In connection with your use of the Site you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Site or distributed in connection therewith are the property of Gloveworx, our licensors and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Gloveworx and/or its licensors. You further agree that the functionality and features of the Site represent valuable proprietary materials owned by Gloveworx.
The Gloveworx name and logos are trademarks and service marks of Gloveworx (collectively the “Gloveworx Trademarks”). Nothing in this Agreement or the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Gloveworx Trademarks displayed on the Site, without our prior written permission in each instance. All goodwill generated from the use of Gloveworx Trademarks will inure to our exclusive benefit.
YOUR USE OF THE SITE AND ANY PRODUCTS OR SERVICES SCHEDULED OR PURCHASED ON THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GLOVEWORX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY REGARDING THE SITE, THE PHYSICAL TRAINING AND RELATED PRODUCTS WHICH MAY BE PURCHASED ON THE SITE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, OR THAT THE SITE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE PHYSICAL TRAINING AND RELATED PRODUCTS WHICH MAY BE PURCHASED ON THE SITE.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT GLOVEWORX WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GLOVEWORX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SITE; (II) ANY PRODUCTS OR SERVICES SCHEDULED OR PURCHASED ON THE SITE; OR (iii) ANY OTHER MATTER RELATING TO THE SITE. IN NO EVENT WILL GLOVEWORX' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID GLOVEWORX IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE.
You will defend, indemnify, and hold Gloveworx including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the Site and participation in any physical training offered by, or use of related products sold by, Gloveworx, including: (1) your breach of this Agreement or the documents it incorporates by reference; and/or (2) any other activities in connection with the Site. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
At Gloveworx' or your election, all disputes, claims, or controversies arising out of or relating to this Agreement or the Site that are not resolved by mutual agreement shall be exclusively resolved by binding arbitration to be conducted before JAMS, or its successor. Unless otherwise agreed by the parties, arbitration will be held in Los Angeles, California before a single arbitrator mutually agreed upon by the parties, or if the parties cannot mutually agree, a single arbitrator appointed by JAMS, and will be conducted in accordance with the rules and regulations promulgated by JAMS. The arbitration must commence within forty-five (45) days of the date on which a written demand for arbitration is filed by either party. The arbitrator's decision and award will be made and delivered within sixty (60) days of the conclusion of the arbitration and within six (6) months of the selection of the arbitrator. The arbitrator will not have the power to award you any damages in excess of the limitation on actual compensatory, direct damages set forth in above and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under this Agreement, and you hereby irrevocably waive any claim to such damages. The arbitrator may, in his or her discretion, assess costs and expenses (including the reasonable legal fees and expenses of the prevailing part) against any party to a proceeding. Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys' fees, incurred by the other party in enforcing the award. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction.
You agree that Gloveworx, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Site for any reason, including, without limitation, for lack of use or if Gloveworx believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Site, may be referred to appropriate law enforcement authorities. Gloveworx may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice.
These Terms of Service constitute the entire agreement between you and Gloveworx and govern your use of the Site, superseding any prior agreements between you and Gloveworx with respect to the Site. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. This Agreement will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Gloveworx agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Los Angeles County, California. In the event a dispute arises regarding this Agreement or the use of the Site, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs incurred, in addition to damages and any other relief to which it is entitled. The failure of Gloveworx to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will 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. You may not assign this Agreement without the prior written consent of Gloveworx, but Gloveworx may assign or transfer this Agreement, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Site may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Site.
Questions? Concerns? Suggestions?
Please contact us at [email protected] to report any violations of this Agreement or to pose any questions regarding this Agreement or the Site.