The terms “we”, “us”, and “our” refer to RPS Fitness Ventures, LLC d/b/a NUBOXX (hereinafter “NUBOXX”). The terms “user,” “you” and “your” refer to visitors, customers, and any other users of the Site. On www.nuboxxfitness.com (“Site”), we provide high-intensity interval boxing training services, and related content (“Service”).
Use of the Site, including all presented materials and online services, is subject to these Terms of Use. These Terms of Use apply to all visitors, customers, and all other users of the Site. By using the Site or Service, you agree to and acknowledge these Terms of Use.
USE OF THE SITE AND SERVICE
To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms of Use. Children under the age of 18 are prohibited from using the Site.
NUBOXX makes no representation or warranty that the information provided on the Site (“Content”), regardless of its source, is accurate, complete, reliable, current, or error-free. NUBOXX disclaims all liability for any inaccuracy, error, or incompleteness in the Content. Also, NUBOXX does not guarantee any particular result will be achieved from the Content, Site, or Service.
ACCOUNT CREATION
To use the Site or Service, you may be required to provide information about yourself including your name, email address, username, password, and other personal information. You agree that any registration information you give to NUBOXX will always be accurate, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Site or Service, violate any laws in your jurisdiction.
LAWFUL PURPOSES
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
REFUSAL OF SERVICE
We reserve the right to refuse service to any order, person or entity, without the obligation to assign a reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
CANCELLATION AND NO SHOW POLICY
To provide a safe and effective workout, there are a limited number of spaces available for each class. Changes or cancellations must take place up to twelve (12) hours in advance of the class time. We will add canceled classes to your account for use at a later time if canceled at least twelve (12) hours in advance of the class time. If you cancel less than twelve (12) hours before the class time or do not show up for the class time, you will forfeit that class and be charged a cancellation fee. Any changes can be made through our registration site, MindBody Connect app, or by contacting the studio. All sales are final, and no refunds will be offered.
WAIVER AND RELEASE
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 NUBOXX, you acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in boxing and exercise equipment in association with the Classes and 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 NUBOXX staff, you would be at physical risk by participating in NUBOXX’s Classes, you understand and agree that you may be denied access to the Classes and Facilities until you furnish NUBOXX with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing NUBOXX’s concerns and stating that NUBOXX’s concerns are unfounded. In consideration of being allowed to participate in and access the Classes and Facilities, you agree to: (1) assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to the Classes and Facilities, (2) release, indemnify, and hold harmless NUBOXX, its direct and indirect parent, subsidiary affiliate entities, and each of their respective officers, directors, members, employees, representatives, and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the Classes or use of the Facilities, and (3) represent that you (a) have no medical or physical condition that would prevent you from properly using any of NUBOXX’s 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 of using NUBOXX’s Classes and Facilities, and should not be participating in any Classes.
PRODUCT OR SERVICE DESCRIPTION
We endeavor to describe and display the Site and Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time, we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
MATERIAL YOU SUBMIT TO THE SITE
You shall not upload, post, or otherwise make available on the Site any artwork, photos or other materials (collectively, “Materials”) protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS
We claim no intellectual property rights over the material you supply to NUBOXX. You retain copyright and any other rights you may rightfully hold in any content, which you submit through the Site or Service. The content you submit to NUBOXX remains yours to the extent that you have any legal claims to it. You agree to hold NUBOXX harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site or sending us comments, testimonials, and other feedback to the info@NUBOXXfitness.com email address, you grant us a worldwide, non-exclusive license to use the material for promotional, business development, and marketing purposes.
OUR INTELLECTUAL PROPERTY
The Site and Service contain intellectual property owned by NUBOXX, including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as our company name, logo, all designs, text, graphics, other files, and the selection and arrangement thereof, also termed the “look and feel.” You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site, Service, Content, or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Site and Service, without refund, if you are caught violating this intellectual property policy.
NUBOXX is a trademark owned by RPS Fitness Ventures, LLC.
POLICY CHANGES
We may at any time amend these Terms of Use. Such amendments are effective immediately upon notice to you by us posting the new Terms of Use on this Site. Your use of the Site or Service after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms of Use at any time. We will post the most recent version to the Site and list the effective date on the page of our Terms of Use.
THIRD PARTY RESOURCES
The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with NUBOXX. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
INDEMNIFICATION
You agree to indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third-party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms of Use, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You will not settle any third party claim or waive any defense without our prior written consent.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of these Terms of Use are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
ENTIRE AGREEMENT; WAIVER
This Agreement constitutes the entire agreement between you and NUBOXX pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by NUBOXX will be deemed, or will constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by NUBOXX.
GOVERNING LAW; VENUE; MEDIATION
These Terms of Use will be construed in accordance with and governed by, the laws of the District of Columbia. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement will be in the District of Columbia. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to these Terms of Use by mediation. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
SEVERABILITY
If any term, provision, covenant, or condition of these Terms of Use is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the terms, provisions, covenants, or conditions will remain in full force and effect and will in no way be affected, impaired, or invalidated.
ASSIGNMENT
These Terms of Use bind and inure to the benefit of the parties’ successors and assigns. These Terms of Use are not assignable, delegable, sublicensable, or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.
QUESTIONS
If you have questions or comments about these Terms of Use, please email us at info@nuboxxfitness.com.
Updated: May 2021