The Services are offered and available to users who 18 years of age or older and reside in the United States or any of its territories or possessions. By accessing or using the Services, you represent and warrant that you are of legal age to form a binding contract with BOXSPOT and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.
THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES. THE ARBITRATION PROVISION REQUIRES ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
Accessing the Services and Account Security
BOXSPOT reserves the right to withdraw or amend the Services, and any service or material BOXSPOT provides on the Services, in BOXSPOT's sole discretion without notice. BOXSPOT will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, BOXSPOT may restrict access to some parts of the Services, or all the Services, to users, including registered users.
You are responsible for:
- Making all arrangements necessary for you to have access to the Services; and
If you choose, or are provided with, a username, password, or any other piece of information as part of BOXSPOT's security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services using your username, password, or other security information. You agree to notify BOXSPOT immediately of any unauthorized access to or use of your username or password or any other breach of security. You should use particular caution when accessing your account from a public or shared device so that others are not able to view or record your password or other personal information.
Drop-In Scheduling Services
Through the Services, BOXSPOT makes available drop-in scheduling assistance to help you schedule and sign up for drop-ins at boxes throughout the United States. This assistance includes identifying boxes you are interested in visiting, providing WOD and other programming information at those boxes, interfacing with the box or boxes where you want to drop-in, assisting with paperwork required by the box or boxes such as liability waivers, registering for your visit, paying for the visit, and checking in.
When you make a request through the Services to sign up for a drop-in at a box, BOXSPOT contacts the box, provides the reservation form and waivers required by the box for you to complete electronically, signs you up for the workouts you request, and processes your payment for the visit.
Payment is required at the time you make reservations through the Services. In order to make a payment through the Services, you must provide account information for at least one valid debit or credit card or other payment method. You may add, delete, and edit the payment method account information you have provided from time to time directly through the Services. To confirm that the payment method information you have provided through the Services is accurate, we may place a temporary authorization on your payment method at the time you provide your payment method information through Services. After we verify that your payment method information is accurate, the authorization will be removed.
A $0.99 booking fee, plus credit card convenience fees, will be added to your payment at the time of checkout. Payments made through the Services, including booking and credit card convenience fees, are non-refundable except for payments and fees for sessions that you cancel prior to the date of the session.
By providing debit or credit card account information through the Services, you represent, warrant, and agree that (1) you are legally authorized to provide the information to BOXSPOT; (2) you are legally authorized to perform payments from the debit or credit card account; and (3) the action does not violate the terms and conditions applicable to your use of the debit or credit card account(s) or applicable law. When you authorize a payment using a debit or credit card account through the Services, you represent, warrant, and agree that there are sufficient funds or credit available to complete a payment using the debit or credit card account.
As a courtesy, BOXSPOT will email a receipt to the email address associated with your account upon completion of a payment transaction. You may print and save copies of these receipts.
BOXSPOT provides payment services only as a convenience and is not a party to your payment transactions performed using the Services. BOXSPOT is an independent contractor for all purposes and is not your agent or trustee. BOXSPOT is not responsible, and has no liability for, the products or services that are paid for through the Services. BOXSPOT is not responsible for any overcharges or other payment disputes with boxes. You must resolve payment and other disputes directly with the applicable box or boxes.
BOXSPOT is not liable for any payment transactions that do not complete because (1) your debit or credit card account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit or overdraft protection of the debit or credit card account; (2) you have not provided us with correct payment account information; (3) your debit or credit card has expired; or (4) circumstances beyond our control (such as, but not limited to, power outages, interruptions of cellular service, or any other interferences from an outside force) prevent the execution of the transaction. To the extent that any amounts owed cannot be collected from your debit or credit card account through the Services, you are solely responsible for paying the applicable box or boxes by other means.
Intellectual Property Rights
The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by BOXSPOT, its licensors, or other providers of the material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
- Your device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser or app for display enhancement purposes.
- You may print one copy of a reasonable number of pages of the Services for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- If BOXSPOT provides desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by all applicable end user license agreements for such applications.
- If BOXSPOT provides social media features with certain content, you may take such actions as are enabled by such features.
You shall not:
- Modify copies of any materials from the Services;
- Use any illustrations, photographs, video, or audio sequences or any graphics separately from the accompanying text; or
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services;
You shall not access or use for any commercial purposes any part of the Services.
The BOXSPOT name, BOXSPOT logo, and all related names, logos, product and service names, designs, and slogans are trademarks of BOXSPOT or its affiliates or licensors. You shall not use such marks without the prior written permission of BOXSPOT. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
- To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter," or "spam" or any other similar solicitation;
- To impersonate or attempt to impersonate BOXSPOT, a BOXSPOT employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing);
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by BOXSPOT, may harm BOXSPOT or users of the Services or expose them to liability;
Additionally, you shall not:
- Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Services;
- Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services;
- Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without BOXSPOT's prior written consent;
- Use any device, software, or routine that interferes with the proper working of the Services;
- Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services;
- Attack the Services via a denial-of-service attack or a distributed denial-of-service attack; or
- Otherwise attempt to interfere with the proper working of the Services.
**User Contributions **
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to BOXSPOT and BOXSPOT's affiliates and service providers, and each of their and BOXSPOT's respective licensees, successors, and assigns; and
You are responsible for any User Contributions you submit or contribute, and you, not BOXSPOT, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
BOXSPOT is not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Services.
Monitoring and Enforcement; Termination
- Remove or refuse to post any User Contributions for any or no reason in BOXSPOT's sole discretion;
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services; or
Without limiting the foregoing, BOXSPOT may cooperate fully with any law enforcement authorities or court order requesting or directing BOXSPOT to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS BOXSPOT AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, BOXSPOT does not undertake to review all material before it is posted on the Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, BOXSPOT assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. BOXSPOT has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
- Be likely to deceive any person;
- Promote any illegal activity, or advocate, promote, or assist any unlawful act;
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization;
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising; or
- Give the impression that they emanate from or are endorsed by BOXSPOT or any other person or entity, if this is not the case.
Reporting Claims of Copyright Infringement
BOXSPOT takes claims of copyright infringement seriously. BOXSPOT will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Services infringe your copyright, you may request removal of those materials (or access to them) from the Services by submitting written notification to BOXSPOT's copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (" DMCA"), the written notice (the " DMCA Notice") must include substantially the following:
- Your physical or electronic signature;
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Services, a representative list of such works;
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow BOXSPOT to locate that material;
- Adequate information by which BOXSPOT can contact you (including your name, postal address, telephone number, and, if available, email address);
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the written notice is accurate; and
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
BOXSPOT's designated copyright agent to receive DMCA Notices is:
[FIRST AND LAST NAME OF AGENT]
[NAME OF AGENT'S ORGANIZATION]
[PHYSICAL MAIL ADDRESS OF AGENT]
[TELEPHONE NUMBER OF AGENT]
[EMAIL ADDRESS OF AGENT FOR THIS PURPOSE]
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorney fees) under Section 512(f) of the DMCA.
It is the policy of BOXSPOT to terminate the user accounts of repeat infringers.
Reliance on Information Posted
The information presented on or through the Services is made available solely for general information purposes. BOXSPOT does not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. BOXSPOT disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
Changes to the Services
BOXSPOT may update the content on the Services from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Services may be out of date at any given time, and BOXSPOT is under no obligation to update such material.
Information About You and Your Use of the Services
Linking to the Services
You may link to BOXSPOT's webpages, provided you do so in a way that is fair and legal and does not damage BOXSPOT's reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on BOXSPOT's part.
Links from the Services
If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. BOXSPOT has no control over the contents of those sites or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Services is based in the state of Missouri in the United States. BOXSPOT provides the Services for use only by persons located in the United States. BOXSPOT makes no claims that the Services or any of content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that BOXSPOT cannot and does not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Website for any reconstruction of any lost data. BOXSPOT WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR ON ANY WEBSITE LINKED TO THE SERVICES.
YOUR USE OF THE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER BOXSPOT NOR ANY PERSON ASSOCIATED WITH BOXSPOT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER BOXSPOT NOR ANYONE ASSOCIATED WITH BOXSPOT REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
BOXSPOT HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL BOXSPOT, ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, MANAGERS, MEMBERS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Jurisdiction
Dispute Resolution and Binding Arbitration
(0.a) YOU AND BOXSPOT ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
(0.b)ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE, AND EQUITABLE CLAIMS) BETWEEN YOU AND BOXSPOT ARISING FROM OR RELATING IN ANY WAY TO THE SERVICES, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
(0.c)The arbitration will be administered by the American Arbitration Association (" AAA") in accordance with the Consumer Arbitration Rules (the " AAA Rules") then in effect, except as modified by this section 17. (The AAA Rules are available at https://www.adr.org/Rules or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
(0.d)The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
(0.e)If you prevail on any claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
(0.f)You may elect to pursue your claim in small-claims court rather than arbitration. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
(0.g)You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR BOXSPOT WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
(0.h)If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
Waiver and Severability