TITLE Boxing Club On Demand
Terms and Conditions
(Updated as of May 26, 2020)


TITLE Boxing Club On Demand (the “TBCOD”) is a digital subscription service of TBC International, LLC (“TBCI”). The TBCOD offers TITLE Boxing Club members and nonmembers the opportunity to purchase a subscription video on demand service for on-demand online workouts.

Your participation in the TBCOD indicates your acceptance of and agreement to all of these TBCOD Terms and Conditions (these “Terms”) as in effect from time to time, including, without limitation the arbitration provision below, and any changes or updates to these Terms.


These terms of service (“terms”) set forth the legally binding terms for your use of the web site. By accessing, downloading, or using the web site, you are accepting these terms and you represent and warrant that you have the right, authority, and capacity to enter into this agreement. You may not access or use the web site or accept these terms if you are not at least 18 years old. If you do not agree with all the provisions of this agreement, do not access and/or use the web site.

You agree that TBCI may provide notices, disclosures, and changes or updates to these Terms, and other information relating to the TBCOD by electronic means, including posting these materials online at the TITLE Boxing Club On Demand website.


Our Content; Proprietary Rights

Through our web site, we offer, sell, and digitally distribute videos, audio visual combinations, music, sounds, graphics, photos, and other content, as well as sell products related to that content. We are the owner or authorized licensee of 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. We also own any information and data collected by us from you, including without limitation any data regarding your use and viewing of our web site and its content. We may use such information and data for benchmarking and other service enhancements. We will handle and treat any information we collect from you in compliance with our current Privacy Policy at www.titleboxingclubdondemand.com.

The name “TITLE Boxing Club” and our graphics, logos, designs, page headers, button icons, scripts, and service names are registered and/or common law trademarks, trade names, or trade dress of TBC International, LLC in the U.S. and/or other countries. These trademarks, trade names, and trade dress may not be used in connection with any product or service in any manner that is likely to cause confusion. We reserve all rights in or to such trademarks, trade names, or trade dress. We respect the intellectual property rights of others and expect our users to do the same. It is our policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the intellectual property rights of others.

Third-Party Links

We are not responsible for the content or availability of outside web sites or resources linked to or referenced on our web site. We do not endorse and are not responsible or liable, directly or indirectly, for any claims that arise from your access or use of any content, advertising, products, or other materials on or available from such web sites.

Your Account

You must create an account to use a product or service offered on our website. To do so, you must provide an email address. By creating an account, you agree to receive notices from TBCI and TITLE Boxing Club franchise locations at this email address.

If you choose to purchase a product or service offered on our web site, you will be asked to create an account and will be prompted to create your own unique username and password.

You must keep your account information secure. You are solely responsible and liable for all activities that occur under your password or account. You shall notify us immediately of any breach of security or unauthorized use of your password or account. You acknowledge, consent, and agree that we may preserve and disclose your account information if required to do so by law or in a good faith belief that such preservation or disclosure is reasonably necessary to comply with a legal process or to enforce these Terms of Service.

WAIVER AND ASSUMPTION OF RISK.

Physical activity, by its very nature, carries with it certain inherent risks that cannot be eliminated, regardless of the care taken to avoid injuries. Some exercises involve strenuous exertions of strength using various muscle groups, some involve quick movements involving speed and change of direction, and others involve sustained physical activity that places stress on the cardiovascular system. The specific risks involved in exercising varies from one activity to another, but in each activity the risks range from 1) minor injures such as scratches, bruises and sprains to 2) major injuries such as loss of sight, broken bones, joint or back injuries, concussions and heart attacks to 3) catastrophic injuries including paralysis and death. By accepting these terms, you acknowledge your agreement to assume all risks involved in utilizing the TBCOD. Further, you do hereby release, waive, discharge and covenant not to sue TBCI, its directors, officers, employees, volunteers, independent contractors, including franchisees and agents from liability from any and all claims arising from TBCOD. This applies to 1) personal injury from accidents or illness arising from participating in TBCOD activities.

Eligibility; Age Restriction

Our web site may only be used by individuals who are 18 years and older and who can form legally binding contracts under applicable law. Individuals under the age of 18 must at all times use our web site only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In these cases, the supervising adult is responsible for any and all activities conducted on or through our web site. You represent and warrant that you are at least 18 years old, or that you are using our web site under the supervision of an adult parent or legal guardian, and that all registration information you submit is accurate and truthful. We may, in our sole discretion, refuse to offer access to or use of our web site to any person or entity and change our eligibility criteria at any time. This provision is void where prohibited by law and the right to access the web site is revoked in such jurisdictions.

Subscriptions

We offer one (1) and twelve (12) month Subscriptions. We may offer promotional offers and special discounts from time to time which will be subject to separate terms and conditions to be read in conjunction with these Terms and Conditions.

Renewal & Termination
ALL PURCHASES, INCLUDING RECURRING CHARGES, ARE FINAL AND NON-REFUNDABLE.


Free trials and discounts:
TITLE Boxing Club On Demand may offer free-trial or discounted Subscriptions. When a free-trial period ends, your paid Subscription begins (unless you have cancelled) and you must pay the full monthly or annual fee. If TITLE Boxing Club On Demand provides a discount for the first Subscription period, you must pay the discounted fee; in any renewal, you must pay the full fee.

Automatic Renewal: To the extent permitted by applicable law, subscriptions automatically renew for the Subscription period until you cancel. Your payment method will be charged at the beginning of each subscription period. If a Purchaser offers a free-trial period, your payment method will be charged at the end of the free-trial period unless you cancel before the end of that period.


How to Decline Renewal:
You may cancel your TBCOD subscription at any time. You must cancel your subscription through your account using the following steps:

(1) Log in to your TBCOD account;

(2) Click “My Account” at the top right corner;

(3) Click “Manage Subscriptions”; and

(4) Select “Cancel Subscription.”


Cancellations take effect at the end of the current billing period.

In-App Purchase:
TBCOD may allow you to purchase Subscriptions within apps you download. When you make such “in-app” purchases, you will be billed by the app platform, not us. To turn off automatic renewal for Subscriptions, access your platform’s account settings (not TITLE Boxing Club On Demand). Any billing inquiries should be directed to the app platform.

Payment Processing; Order Fulfillment

Our web site is hosted by Intelivideo, which also assists in the processing of our orders and Subscriptions. Except for users who initiate services through a TITLE Boxing Club location, when you input your credit card information as payment for an order, Intelivideo directly and securely transmits that information to its third-party payment processor, who verifies the credit card and remits the payment to us. Neither we, nor Intelivideo, ever store your credit card image or number. Sales and use taxes, as applicable by law, will be based on your location and our location and, purchase prices are inclusive of taxes. You will be responsible for paying any applicable taxes relating to your payments and will indemnify and hold harmless TBC International, LLC and Intelivideo from your failure to pay any and all taxes, including sales tax, based incorrect information provided by you. If you believe you are entitled to a refund of any taxes, you are solely responsible for such determination. Users initiating services through a TITLE Boxing Club location, may have alternate billing terms and conditions apply.

Intelivideo also fulfills all orders for digitally distributed content by making that content available for viewing. It will inform you of the device and system requirements for accessing this content. You are responsible for completing the digital download, and for all risk of loss of the content after download. You acknowledge that the resolution and quality of the content received will depend on a number of factors, including the type of device on which it is streamed and available bandwidth. While we strive to provide a high-quality viewing experience, neither we, nor Intelivideo, make any guarantee as to the resolution or quality of the content. Upon receiving an order for any of our products, Intelivideo will notify us so that we may fulfill the order directly. You acknowledge and agree that you will be responsible to pay the then current service fee and all applicable fees which you acknowledge may change from time to time without actual notice provided to you.

Changes to TBCOD Terms

TBCI may change or update these Terms, or modify, suspend or terminate TBCOD and its features, in whole or in part, at any time, without notice. TBCI may provide notices, disclosures, and changes or updates to these Terms, and other information relating to the TBCOD, including modification, suspension and termination of the TBCOD, by electronic means, including posting these materials online at the TITLE Boxing Club On Demand website. The TBCOD is subject to the Terms then in effect, and it is the responsibility of the participant to review the current Terms.

Medical Disclaimer

We are not a medical organization and we do not and cannot give or purport to give you any medical advice or assistance in whatever form. Nothing in the Website or anything associated with it should be taken or understood as medical advice or assistance nor should it be interpreted in substitution for any medical advice or assistance or used or referred to instead of seeking appropriate medical advice or assistance from qualified practitioners for your particular circumstances and needs. You are solely responsible for evaluating and assessing your own health and wellbeing and whether, in all the circumstances, you should access and use the Website and/or participate in TITLE Boxing Club On Demand and/or its products and services. We encourage you to seek appropriate medical advice or assistance before embarking on any use of the website, TBCOD and/or its products or services. You agree that neither we, nor any of our affiliates, service providers and/or suppliers, warrant or make any representation about the contents, products, services or offers referred to in the website, and specifically do not make any representation about the risks, results, reasonableness, or accuracy or otherwise of such contents, products, services or offers and your use of the website, TBCOD or its products and services, is at your sole risk.

Limitation of Liability

Subject to the rights granted to you by statutory consumer protection legislation, which cannot be excluded, in no event shall we be liable to you for any injury, or incidental, undue damages, whatsoever including damages for loss of income, data, or personal injury or consequential damages except to the extent such limitation or exclusion of liability is not permitted by law.

Acceptable Use

You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses our web site in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser. You agree to comply with all applicable laws in your use of our web site.

Unacceptable Use

You shall not: modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the web site; remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of the web site or any content; “frame” or “mirror” any portion of the web site, or link to any material other than via the homepage of the URL located at www.titleboxingclubondemand.com or the URLs provided by us to you for such purposes, without our prior written authorization; use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the web site; or harvest or collect information about or from users of the web site without their express consent and, if such consent is provided, only pursuant to applicable law.

Reporting Copyright Infringement

If you are a copyright owner, or are authorized to act on behalf of one, please report alleged copyright infringements taking place on or through our web site by completing the following DMCA Notice of Alleged Infringement and delivering it to our 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 our Designated Copyright Agent at: TBC International, LLC 5400 College Blvd Overland Park, KS 66211 Email: ondemand@titleboxingclub.com

Warranties/Limitation of Liability

OUR CONTENT AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO OUR WEB SITE OR, SERVICES, WITHOUT LIMITATION, ANY WARRANTIES OF INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT MAKE ANY WARRANTIES THAT THE WEB SITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT YOUR USE OF THE WEB SITE WILL MEET YOUR EXPECTATIONS, OR THAT THE WEB SITE, CONTENT, OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. WE RESERVE THE RIGHT TO CHANGE ANY PART OF THE WEB SITE AT ANYTIME WITHOUT NOTICE. WE WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOSS OF DATA OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE OR STRICT LIABILITY), ARISING OUT OF THIS AGREEMENT OR YOUR USE OR INABILITY TO USE OUR WEB SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT OR YOUR USE OF OUR WEB SITE OR SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF (A) THE AMOUNT OF FEES PAID BY YOU TO PURCHASE THE CONTENT OR PRODUCTS THAT GAVE RISE TO SUCH LIABILITY, AND (B) $100.

Indemnification

You agree to defend, indemnify and hold harmless TBC International, LLC and its officers, directors, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of any breach by you of any of these Terms of Service or your violation of any law or the rights of a third party.

Termination

These Terms shall take effect on the date you first access or use our web site and shall continue until terminated in accordance with these Terms. You agree that we may, in our sole discretion, suspend, block, or terminate your access to all or part of our web site and any content, with or without notice, for any reason. Any suspected illegal or fraudulent activity may be referred to appropriate law enforcement authorities.

Governing Law; Jurisdiction

These Terms are governed by the laws of Kansas, without regard to its conflicts of law provisions. Any claim or controversy arising out of or related to these Terms shall be instituted in any state court in Johnson County, Kansas or federal court in Johnson County. Each party agrees to submit to the jurisdiction of and agrees that the venue is proper in such courts in any such legal action or proceeding.

Miscellaneous

These Terms and our Privacy Policy www.titleboxingclubondemand.com constitute the entire agreement between you and TBC International, LLC. You may not assign these Terms in whole or in part without our prior written consent, and any purported assignment in violation of this provision shall be null and void. We may assign or otherwise transfer these Terms and all rights granted hereunder in connection with any corporate reorganization, merger, or sale of all or substantially all of the assets and business to which these Terms relate. These Terms shall be binding upon and inure to the benefit of the parties hereto and their respective heirs and assigns. If any provision of these Terms is determined by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect. No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

Modifications

We reserve the right to make changes to these Terms at any time by updating this page with any such changes and indicating the effective date of those changes. You acknowledge and agree that it is your responsibility to review these Terms periodically to familiarize yourself with any modifications. By continuing to access and use our web site after those changes become effective, you consent and agree to be bound by the revised Terms.

Contact Us

If you have any support questions, please contact us at ondemand@titleboxingclub.com. You must send any notices of a legal nature to us at:
TBC International, LLC
Attention: Legal Department
5400 College Boulevard
Overland Park, Kansas 66211

These Terms and Conditions are effective as of May 26, 2020.