TERMS OF SERVICE
Kickboxology is an online continuing education course (the “Kickboxology Service”) that provides users with access to kickboxing-based continuing education classes of varying lengths (“Kickboxology Content”) streamed over the Internet to certain Internet-connected televisions, computers, and other devices (“Kickboxology-Ready Devices”). References to the Kickboxology Service include the all features and functionalities, website, and user interfaces, as well as all Kickboxology Content, other content, and software associated with the Kickboxology Service.
You understand that physical exercise can be strenuous and can cause injury. Prior to using the Kickboxology Content or engaging in any strenuous exercise, we encourage you to consult with your physician. You assume all risks associated with your use of the Kickboxology Service or Kickboxology Content, including, without limitation, the risk of physical or mental injury caused by your participation in any exercise or training routine that is part of the Kickboxology Content.
Privacy. Personally identifying information is subject to our Privacy Statement (except to the extent inconsistent with this Agreement), the terms of which are incorporated herein. Please review our Privacy Statement to understand our practices.
Communication Preferences. By using the Kickboxology Service, you consent to receiving electronic communications from us and our affiliates relating to your account and other communications such as special offers, promotional announcements, and customer surveys via email or other methods. These communications may involve sending emails to your email address provided during registration, and may include notices about your account (e.g., payment authorizations, change in password, confirmation e-mails, and other transactional information) and are part of your relationship with us and the Kickboxology Service. You agree that any notices, agreements, disclosures, or other communications that we or our affiliates send to you electronically will satisfy any legal communication requirements, including that such communications be in writing and, with respect to marketing materials, that you be provided information on how to opt out from receiving such materials. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy.
Your Account, User Term, Billing, and Cancellation
User Term. Your Kickboxology user term (“User Term”) will begin upon the date you successfully purchase access to the Kickboxology Content (“Payment Date”) and expire upon the 180th day following the Payment Date. Your User Term will not automatically renew at the end of the 180-day period, and your access to the Kickboxology Service and Kickboxology Content will be automatically terminated. To earn any applicable continuing education credits, you must successfully complete all required continuing education curriculum and testing within the User Term.
No Refunds, Price Changes. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED USER TERMS. Following any cancellation, however, you will continue to have access to the service through the end of your current User Term. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance. We reserve the right to adjust pricing for the Kickboxology Service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Additionally, from time to time, we may offer different membership plans or types of access to the Kickboxology Content, including special promotional plans or memberships with differing conditions and limitations.
The Kickboxology Service and any Kickboxology Content viewed through our service are for your personal and non-commercial use only. During your Kickboxology membership, we grant you a limited, non-exclusive, non-transferable, license to access the Kickboxology Service and view Kickboxology Content through the Kickboxology Service. Except for the foregoing limited license, no right, title, or interest shall be transferred to you. We are the owner or authorized licensee of the Kickboxology Service and Kickboxology Content and all information, materials, functions and other content contained on our web site, and you acknowledge that you are only receiving a limited right to access or use this content. No content from our web site may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of our web site. You agree not to use the Kickboxology Service or any Kickboxology Content for any purpose other than your own personal use and that you will not use the Kickboxology Service or Kickboxology Content for any commercial use or public performances.
You may view Kickboxology Content through the Kickboxology Service primarily within the country in which you have established your account and only in geographic locations where we offer our service and have licensed such Kickboxology Content. The content that may be available to watch may vary by geographic location. We will use technologies to verify your geographic location.
We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate the Kickboxology Service.
The availability of Kickboxology Content will change from time to time, and from country to country. The quality of the display of the Kickboxology Content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. We make no representations or warranties about the quality of your watching experience on your display.
The Kickboxology Service is hosted and run on software developed by LightSpeed VT and is designed to enable streaming and viewing of Kickboxology Content through Kickboxology-Ready Devices. This software may vary by device and medium, and functionalities may also differ between devices. BY USING THE KICKBOXOLOGY SERVICE, YOU AGREE TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE KICKBOXOLOGY SERVICE AND RELATED THIRD-PARTY SOFTWARE. IF YOU DO NOT ACCEPT THE FOREGOING TERMS, DO NOT USE THE KICKBOXOLOGY SERVICE. WE DO NOT TAKE RESPONSIBILITY OR OTHERWISE WARRANT THE PERFORMANCE OF THESE DEVICES, INCLUDING THE CONTINUING COMPATIBILITY OF THE DEVICE WITH THE KICKBOXOLOGY SERVICE. By using the Kickboxology Service, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with the Kickboxology Service. If your Kickboxology-Ready Device is sold, lost or stolen, please deactivate it immediately. If you fail to log out or deactivate your device, subsequent users may access the Kickboxology Service through your account and may be able to access certain of your account information. You will be responsible for the Kickboxology Content accessed, and any purchases made, by such users.
Disclaimers of Warranties and Limitations on Liability
THE KICKBOXOLOGY SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE KICKBOXOLOGY SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE KICKBOXOLOGY SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. WE SPECIFICALLY DISCLAIM LIABILITY FOR THE USE OF THE KICKBOXOLOGY SERVICE AND APPLICATIONS, KICKBOXOLOGY -READY DEVICES, AND OTHER SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH THE KICKBOXOLOGY SERVICE).
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL WE, OUR AFFILIATES, OR ANY OF OUR OR THEIR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
We claim all intellectual property rights (including under state, federal and common law) to and benefits associated with the ownership of all Kickboxology Content, the trademark and service mark “Kickboxology,” and all trade secrets associated therewith.
Claims of Copyright Infringement. If you believe your work has been reproduced or distributed in a way that constitutes a copyright infringement or are aware of any infringing material available through the Kickboxology Service, please notify us by completing the following DMCA Notice of Alleged Infringement and delivering it to us as the Designated Copyright Agent. In accordance with the Digital Millennium Copyright Act of 1998, we will respond expeditiously to these allegations and take whatever action, in our sole discretion, we deem appropriate, including removal of the challenged material from the web site.
The DMCA Notice of Alleged Infringement shall:
- Identify the copyrighted work that you claim has been infringed.
- Identify the material you claim is infringing and that is to be removed or disabled and provide information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the web site where such material may be found.
- Provide your mailing address, telephone number, and, if available, email address.
- Include both of the following statements in the body of the notice:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
“I hereby state that the information in this notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
- Provide your full legal name and your electronic or physical signature.
- Deliver this notice, with all items completed, to us, as the Designated Copyright Agent at:
9Round Franchising, LLC
847 NE Main Street
Simpsonville, SC 29605
Applications. You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) (“Application(s)”) that interact with the Kickboxology Service. These Applications may import data related to your Account and activity and otherwise gather data from you. We are not responsible for such Applications. SUCH APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO OR SPONSORED BY US AND MAY NOT BE AUTHORIZED FOR USE WITH THE KICKBOXOLOGY SERVICE IN ALL COUNTRIES. USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK.
Use of Information Submitted. We are free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or through postings to the Kickboxology Service, including the Kickboxology website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Kickboxology Service. In addition, you agree not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law.
Special Provisions Regarding LightSpeed VT. The Kickboxology Service uses the platform (the “Platform”) owned and provided by LightSpeed VT. The Platform allows us to make Kickboxology Content available to you and allows you to order and pay for the Kickboxology Content. The Platform also allows LightSpeed VT to collect and analyze data regarding how the Kickboxology Services are used by Kickboxology Users. By using the Kickboxology Service, you authorize the collection of that data. For additional terms and conditions from LightSpeed VT, please visit www.lightspeedvt.com.
If you elect to seek arbitration, you must first send to us, by certified mail, a written Notice of your claim (“Notice”). The Notice must be addressed to: 9Round Franchising, LLC, 847 NE Main Street, Simpsonville, SC 29681, Attention: Legal Department (“Notice Address”). If we initiate arbitration, we will send a written Notice to the email address that is associated with your Account. A Notice, whether sent by you or by us, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If we and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or we may commence an arbitration proceeding.
YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.