PEPPER BOXING ONLINE PROGRAM ACCESS TERMS AND CONDITIONS
Acceptance of these Legal Terms and Conditions; Restrictions on Use These Online Program Access Terms And Conditions (the “Terms and Conditions”) are legally binding terms and restrictions on your use of [Pepper Boxing Online Training] (the “Program”) and all of the content, applications, products and services offered from time to time by, on or through the Program (collectively the Program and all of its content, applications, products and services offered from time to time, including any content, materials, products or services which are delivered to you via email or other form of delivery, are referred to herein as the “Website”). By ACCESSING, VISITING AND/OR using the Website and regardless of whether you have registered for an account, you agree to be legally bound by these Terms and Conditions and any other policy which is contained on the Website (as applicable), each of which is incorporated herein by reference. If you do not agree to these Terms and Conditions, do not access, visit or use the Website. In addition to complying with these Terms and Conditions, you agree to comply with any and all applicable laws with respect to your use of the Website. BY ACCESSING, VISITING AND/OR USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Eligibility Use, access and/or visiting of the Website is void where prohibited by law. By using, accessing and/or visiting the Website, you are representing and warranting to Pepper Boxing that you are 13 years of age or older and if you are under the age of 18 that you are an emancipated minor, or possess legal parental or guardian consent and that you are fully able and competent to enter into and abide by these Terms and Conditions. IF YOU ARE UNDER THE AGE OF 13 DO NOT USE AND/OR VISIT THE WEBSITE OR USE ITS PRODUCTS, SERVICES OR CONTENT.
Your Limited License to Use the Website Pepperboxing, LLC (“Pepper Boxing”) grants to you a revocable, non-exclusive, non- transferable, non-sublicensable license to use the Website in accordance with these Terms and Conditions. You may only use the Website for the permitted uses described herein, and sharing or transferring Your access to the Website is prohibited by these Terms and Conditions. All other rights in and to the Website, including, without limitation, all copyright, trademark, service mark and other intellectual property rights, including any goodwill associated therewith, are retained by Pepper Boxing and its affiliates and licensors. Pepper Boxing reserves the right to pursue all applicable legal rights, including pursuing injunctive relief for violation of Pepper Boxing’s intellectual property rights. You have no right to copy, display, share, broadcast, distribute or otherwise use the Website or any content therein, other than as explicitly provided in these Terms and Conditions. Upon payment of the appropriate fees as charged by Pepper Boxing for its products and services from time to time, Pepper Boxing grants to you a revocable, non-exclusive, non-transferable, non-sublicensable license to use the products and services offered from time to time at its Website or delivered to you via email or other form of delivery (collectively the “Products”) for your use in accordance with these Terms and Conditions.
Your Responsibility for Account In the event you register and create and account, you acknowledge and agree that you will be responsible for each and every access or use of the Website or Products with your account, and that Pepper Boxing is authorized to accept your account as conclusive evidence that you wish to use the Website and Products. Pepper Boxing shall have no liability or responsibility to monitor the use of your account. However, Pepper Boxing may monitor use of your account for violations of these Terms and Conditions.
No Warranties; Assumption of Risk; Indemnification; Limitation of Liability This Website is provided by Pepper Boxing (or its affiliates, partners and licensors) on an “as is” basis. Pepper Boxing makes no representations or warranties of any kind, express or implied, as to the Website, Products, the operation of the Website or the results obtained through use of the Website, Products or any portion thereof. Pepper Boxing disclaims all warranties, express or implied or any kind. PEPPER BOXING MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE WITH RESPECT TO THIRD PARTY PRODUCTS OR SERVICES. Pepper Boxing, its owners, members, managers, officers, employees, licensors, vendors, suppliers, independent contractors, successors and assigns (the “Pepper Boxing Parties”), will not be liable for any damages or injuries of any kind caused by any use, failure of performance, error, and/or omission arising from the use of the Website or any Products. You agree that your use of the Website and Products is at your sole risk. Consult your physician before beginning any exercise, weight training or nutritional program. Children under the age of 13 should not use any Products or participate in any Pepper Boxing program. You should be healthy, and at least 13 years old before attempting any weight training workout. Always warm- up and stretch properly before beginning all workouts. For safety purposes when weight training, use a spotter when necessary. Pepper Boxing is not responsible for any injury that may result from improper use of the Website, Products or its training programs or materials. You agree to indemnify, defend and hold harmless the Pepper Boxing Parties, against any and all losses, expenses, damages and costs (including attorneys fees) resulting from or related to (i) any breach or violation of these Terms and Conditions, (ii) any activity related to your account by you or any other person accessing this Website or the Products using your account or other access through you or (iii) your general use of the Website, Products or any of our programs. Your indemnification obligations will survive termination of your account for any reason. The Pepper Boxing Parties shall not be liable to you or any other person for any indirect, incidental, special or consequential damages whatsoever that you or any other person suffers or incurs, even if the Pepper Boxing Parties have been advised of the possibility of such damages or they are foreseeable. The maximum aggregate liability that the Pepper Boxing Parties shall have to you under these Terms and Conditions shall not exceed the fees paid by you to Pepper Boxing for the Pepper Boxing Products purchased by you. The limitations on liability under this paragraph will survive termination of your account for any reason. In states which do not allow some or all of the above limitations, Pepper Boxing’s liability shall be limited to the greatest extent permitted by applicable law.
Pepper Boxing Ownership of Website and Content; Permitted Uses All content included in the Website, Products, and in any of our program materials, such as text, graphics, logos, button icons, images, audio clips, video clips, and software, is the property of Pepper Boxing or its licensors or content suppliers and protected by all applicable copyright, intellectual property and proprietary property laws. They are solely provided to you for your personal individual use, and any reproduction, modification, distribution, transmission, republication, display, or performance, of any portion of the Website, Products or any part of our program materials is strictly prohibited. Infringement of another party’s copyrights or intellectual property or proprietary rights is a violation of federal and international law subject to criminal and civil penalties.
Pepper Boxing’s License to Use Submitted Materials Upon Consent From time to time, you may submit information, data, biographical information, statistics, testimonials, results of use of the programs, video, sound recordings or photos of you to Pepper Boxing via the Website, email or other form of delivery (collectively the “Submitted Materials”). In the event that you consent (which consent may be in writing, by email, verbal or by inference) to Pepper Boxing’s use of such Submitted Materials, you grant to the Pepper Boxing Parties the license and right to use, publish, reproduce, create derivative works of, distribute and publicly display the Submitted Materials, including your name, image, likeness and biographical data (your “Personal Information”), in any form, media or content, for advertising, promotional materials or any other commercial purpose including, without limitation, use on the Website and/ or social media pages. You agree that no advertisement or other material is required to be submitted to you for approval and the Pepper Boxing Parties shall be without liability to you for any distortion or illusionary effect or adverse result to you on account of the use of your Submitted Materials or Personal Information as authorized herein. You irrevocably release the Pepper Boxing Parties and waive and covenant not to sue or seek reimbursement from the Pepper Boxing Parties for any and all present and future claims, demands, damages, losses, adverse consequences, liabilities and causes of action arising from any of the authorized uses of your Submitted Materials and Personal Information by the Pepper Boxing Parties, including, without limitation, any claims for copyrights, moral rights, defamation, libel, invasion of privacy, publicity, personality, or exploitation of your name or likeness. In the event that you request that Pepper Boxing cease use of the Submitted Materials, the Pepper Boxing Parties may consent to cease use and will take down or cease all such uses in their control; however, you acknowledge and agree that the Pepper Boxing Parties are not responsible or liable for taking down any uses not in their control (e.g., copies of your photographs or testimonials that have been copied by third parties on the internet). You acknowledge that Pepper Boxing prohibits the use, uploading or submission of any information or material in or on the Website or to Pepper Boxing that infringes on any patent, trademark, copyright, trade secret, right to privacy, right to publicity, or any other applicable law or proprietary right. By providing any Submitted Materials to Pepper Boxing, you are representing to Pepper Boxing that you have the right and power to grant the license and rights described in these Terms and Conditions, including the rights to use your Submitted Materials, to the Pepper Boxing Parties without the consent or approval of any other party. You are responsible for the accuracy and completeness of all Submitted Materials and agree to use this Website only for lawful purposes. You are prohibited from uploading or providing Pepper Boxing with any unlawful, harmful, threatening, abusive, harassing, defamatory, libelous or obscene material of any kind, including, without limitation, any material that violates any applicable local, state, federal or international law.
Fees and Payment In the event that you register as a user of the Website and activate your account, you agree to pay Pepper Boxing for its Products in accordance with the fee schedule posted on the Website from time to time. All fees payable to Pepper Boxing for its Products must be paid by credit card through the Website. In the event that Pepper Boxing incurs any costs or fees (including reasonable attorney’s fees) due to collecting amounts due to Pepper Boxing under these Terms and Conditions as a result of chargeback fees, disputed fees, an insufficient funds reply to any credit card charge or otherwise, you agree to reimburse Pepper Boxing for such collection costs, including reasonable attorney’s fees.
Refund Policy Online and Videos: We have a no refund policy on the Pepper Boxing Online Programs or Video Workouts. If you follow the instructions and planning of the Pepper Boxing Online Programs, you will see positive results. [All Other Products: Pepper Boxing Allows returns/refunds for all items other than the Pepper Boxing Online Programs or Video Workouts within 30 days of receipt of shipment so long as you meet the following requirements:
Items must be in new condition
Items must be returned to our listed address at your cost with all original packaging and accessories
Clothing must be unworn and unused
Items valued at over $50 must be returned to Pepper Boxing with a traceable shipping service. If the order is valued at $100 or more, insure the shipment for the value of the merchandise and ship your return with a signature shipping service. The risk of loss for all shipments is with you until we accept the product. Note: If a package doesn’t arrive and you don’t use a traceable method to return or if you refuse the shipment as a method of return, we may not be able to cover you under our Refund Policy.]
Links to Other Web Sites and Resources At certain places on the Website, live “links” to other Website addresses and resources can be accessed. The links are for convenience purposes only, and the inclusion does not imply that Pepper Boxing endorses these websites. Such external websites contain information created, published, maintained or otherwise posted by institutions or organizations independent of Pepper Boxing. Pepper Boxing does not guarantee the accuracy, completeness, timeliness or quality of information available from other websites. Use of any information from other websites is voluntary, and reliance on it should be undertaken only after an independent review of its accuracy, completeness, timeliness and quality. Pepper Boxing shall not be liable, directly or indirectly, for any damage or loss caused, or alleged to be caused, by, or in connection with, the use of, or the reliance upon, any information, content, goods or services available on or through any third party websites, including resources linked to this Website.
Internet Software or Computer Viruses Internet software or transmission problems may produce inaccurate or incomplete copies of information contained on this Website. Computer viruses and other destructive computer code may also be inadvertently downloaded from this Website. Pepper Boxing shall not be responsible or liable for any software, computer viruses or other computer code that may adversely impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this Website or your downloading of any Products or other material as permitted by these Terms and Conditions. Pepper Boxing recommends that you install appropriate anti-virus or other protective software.
Governing Law By accessing, visiting or using the Website, you agree that these Terms and Conditions will be governed by the laws of the State of Tennessee, without giving effect to its choice of laws provisions. Further, you agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms and Conditions.
Complete Agreement; Amendments These Terms and Conditions constitutes the complete agreement between the parties with respect to your use of Pepper Boxing’s Website and the Products and supersedes all prior or contemporaneous agreements, discussions, representations and warranties, whether oral or written, with respect to the subject matter of these Terms and Conditions. Pepper Boxing may amend these Terms and Conditions by posting the amendment to the Website. YOU MAY NOT AMEND THIS AGREEMENT EXCEPT WITH THE WRITTEN CONSENT OF PEPPER BOXING. If you continue to use the website and its Products, then your silence will be deemed an acceptance of the amendment(s).
Miscellaneous These Terms and Conditions constitute the complete agreement between the parties with respect to your use of the Website and the Products. Pepper Boxing’s waiver of any condition or covenant of these Terms and Conditions, or its failure to exercise a right or remedy available to it, shall not constitute a further waiver of the same or any other condition, covenant, right or remedy. If any provision of these Terms and Conditions is held to be invalid, illegal or unenforceable for any reason, such invalidity, illegality or unenforceability shall not effect any other provision hereof and such other provisions shall be interpreted and construed as if the invalid, illegal or unenforceable provisions had never been contained herein.