TERMS OF SERVICE
The ‘Terms of Use’ constitute a legal agreement between you and TBC International, LLC d/b/a TITLE Boxing Club (“Company”, “we” or “us”). These terms apply to the services provided through the Company’s websites at www.titleboxingclub.com and its mobile applications. By accessing any part of the Site, you agree to be legally bound by and comply with these Terms. If you disagree with any Terms, do not access or otherwise use the Site and mobile application.
June 6th, 2024
Using the Site
In order to access certain areas of the Site, you must register with the Company for an account and submit your name, email address, preferred password, and other information requested on an account registration page. The Company shall have the right to approve or reject your account in the Company’s sole discretion.
By using this Site, you represent, acknowledge and agree that you are at least 18 years of age or the age of legal majority in your country of jurisdiction, or if you are under 18 years of age or the age of legal majority in your country but are at least 13 years old (a “Minor”), that you are using the Site with the consent of your parent or legal guardian who has agreed to the Terms. If you are a parent or legal guardian agreeing to the Terms for the benefit of a Minor, you are fully responsible for the Minor’s use of the Site, including all legal liability he or she may incur. If you are not at least 13 years old, you may not use the Site.
The Company provides you a limited, personal, non-exclusive and non-transferable license to use the Site and Materials only as expressly permitted by these Terms.
Passwords
You are responsible for maintaining the confidentiality of your account password to login to the Site (the “Password”) and for all activities that occur using your Password. You agree not to share your Password, let others access or use your Password or do anything else that might jeopardize the security of your Password. You agree to notify the Company promptly if your Password is lost, stolen, if you are aware of any unauthorized use of your Password or if you know of any other breach of security in relation to the Site.
All the information that you provide when registering for an account and otherwise through the Site or mobile applications must be accurate, complete and up to date. You may change, correct or remove any information from your account by logging into your account directly and making the desired changes.
Purchases
You may be permitted to use the Company’s mobile application to order class packs. In order to do so, you acknowledge and agree that you must supply certain information relevant to your transaction to our third-party payment processor, ClubReady, including, without limitation, your credit or debit card number, the expiration date of your credit or debit card, the name on your credit or debit card, and/or your billing address (the “Payment Information”). By providing the Payment Information, you expressly authorize us and/or our third party payment processor to charge the applicable fees to the payment method provided by you, as well as any applicable taxes and other charges incurred thereto. You agree that we (or our third-party payment processors) may charge any unpaid amounts to your provided payment method and/or send you a bill for such unpaid fees.
Trademarks and Content
All information and content provided via the Site, such as trademarks, service marks, trade names, trade dress, text, graphics, logos, images and icons, as well as the arrangement thereof, software, application updates, and other material (“collectively, the Materials”) are the sole property of the Company or our licensors and is protected by copyright, trademark, patent, or other proprietary rights.
It is expressly prohibited for you to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any part of the Site including the Materials in any manner. If you breach any of these Terms, the above license will terminate automatically. Any rights or licenses not expressly granted herein are reserved.
Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR USE OF THE MOBILE APPLCIATIONS OR FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE), EVEN IF THE COMPANY KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, MOBILE APPLICATIONS, OR SERVICES, AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE THEREOF (INCLUDING, BUT NOT LIMITED TO, TITLEBOXINGCLUB FRANCHISEES). YOU UNDERSTAND THAT WE DO NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, MOBILE APPLICATIONS, OR SERVICES. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, MOBILE APPLICATIONS, OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, MOBILE APPLICATIONS, OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH ANY PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, THE MOBILE APPLICATIONS, OR SERVICES, PARTICULARLY IF YOU MEET OFFLINE OR IN PERSON.
Language
The Parties hereto have expressly required that these Terms and all documents and notices relating thereto be drafted in the English language.
General
We prefer to advise you if we feel you are not complying with these Terms and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by us, may result in immediate termination of your access to the Site and/or license to use the mobile applications without prior notice to you. Applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. The United Nations on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to these Terms. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Our failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and the Company and supersede all prior or contemporaneous oral or written negotiations, discussions or agreements between you and the Company about the Site and the mobile applications. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
Changes To This Policy
This Policy is current as of the Effective Date set forth above. We may change this Policy from time to time, so please be sure to check back periodically. We will post any changes to this Policy on our Site and App. If we make any changes to this Policy that materially affect our practices with regard to the personal information, we have previously collected from you, we will endeavor to provide you with notice in advance of such change by highlighting the change on our Site and App.
Right to Non-Discrimination
Businesses may not discriminate against residents who exercise their rights under applicable privacy laws. Discrimination may exist where a business denies or provides a different level or quality of goods or services, or charges (or suggests that it will charge) different prices or rates or impose penalties on residents who exercise their privacy rights, unless doing so is reasonably related to the value provided to the business by the residents’ data.
Right to Opt-out
Residents of certain states may have the right to opt-out of our “Sale” of their personal information, which may broadly include our selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating (collectively a “Sale”) residents’ personal information to another business or third party for monetary or other valuable consideration. Please note that while some of our sharing of personal information may be a “Sale” as defined by applicable law, we do not sell personal information for monetary compensation.
TERMS OF SERVICE (SMS/Text)
Please read these Text Messaging Terms and Conditions (“Terms”) carefully. By submitting your telephone number or otherwise agreeing to receive text messages (“Opting In,” “Opt In” or “Opt-In”) from TBC International, LLC d/b/a TITLE Boxing Club (“Company,” “we” or “us”), you agree to be bound by these Terms, the Company’s websites’ Terms of Use, the Company’s Privacy Policy, and any other applicable terms and conditions related to your participation in the Company’s text messaging service (“Service”). If you do not agree with these Terms, you must immediately cease using the Service and opt out, as described below. We may update or amend these Terms, at any time, and such amendments will be effective upon posting. WE DO NOT ENDORSE OR MAKE ANY REPRESENTATIONS ABOUT ANY SERVICES, INCLUDING TEXT MESSAGING SERVICES, THAT MAY BE OFFERED BY THIRD PARTIES AND/OR INDEPENDENTLY OWNED AND OPERATED FRANCHISEE STUDIOS.
When You Opt In
By Opting In, you confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to Opt In.
You agree that the Service provided may use text messages sent from an automated system, an autodialer, an automated system for the selection and/or dialing of telephone numbers, an automatic telephone dialing system (“ATDS”), and/or any other type of systems, software, hardware, or machines (no matter how they may be named or classified, and whether used alone or in conjunction with one another) that may use an automated procedure or process for sending messages, to the telephone number associated with your Opt-In.
Upon Opting In you may receive one or more welcome messages or administrative messages, such as (in some cases) a request to confirm your Opt-In.
Note: You do not have to Opt In as a condition of receiving informational or transactional messages.
You may Opt Out (defined below) of these communications at any time, and your consent to receive text messages from the Company is not required and is not a condition to purchase any goods or services.
How to Opt Out
You can stop receiving text messages from the Company at any time (“Opting Out,” “Opt Out” or “Opt-Out”). If you wish to Opt Out of receiving text messages, or no longer agree to these Terms, text [the applicable Short Code] or directly reply to any text message received under these Terms with STOP, END, CANCEL, UNSUBSCRIBE, or QUIT. You may receive an additional text message confirming your decision to Opt-Out. You understand that the text message Service may not recognize and respond to unsubscribe requests that contain words or phrases other than those set forth above and agree that the Company and its service providers will have no liability for failing to honor such requests.
Message Frequency
Message frequency will vary. The Company reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. We also reserve the right to change the short code or phone number from which messages are sent and we will notify you when we do so.
Costs
Message and data rates may apply. Please check with your mobile carrier for details about your pricing plan and the charges for sending and receiving text messages. You are solely responsible for any costs related to or associated with your receipt of text messages, as set forth more fully in these terms.
Privacy
We value your privacy. Please review our Privacy Policy, available here https://titleboxingclub.com/privacy-policy, which explains how we use information that you submit to the Company.
Disclaimer of Warranties
THE SERVICE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND COMPANY HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE COMPANY DOES NOT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, THE COMPANY WILL NOT BE LIABLE FOR ANY DELAYS IN THE RECEIPT OF ANY TEXT MESSAGES, AS DELIVERY IS SUBJECT TO THE EFFECTIVE TRANSMISSION FROM YOUR CARRIER AND/OR NETWORK OPERATOR. THE ABOVE EXCLUSIONS MAY NOT APPLY IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES.
Limitations of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR USE, OR INABILITY TO USE, THE SERVICE OR ANY TEXT MESSAGE CONTENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE), EVEN IF THE COMPANY KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES, AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE THEREOF (INCLUDING, BUT NOT LIMITED TO, TITLE BOXING CLUB FRANCHISEES). YOU UNDERSTAND THAT WE DO NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICES. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH ANY PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, PARTICULARLY IF YOU MEET OFFLINE OR IN PERSON.